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Bean.

Neighbors.

Bell.

Skillern.

Bounds.

Smith.

Callan.

Smyth.

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On motion of Mr. Turner, the regular order of business was suspended to take up and place on its second reading,

House bill No. 309, a bill to be entitled "An act to provide for the purchase of public lands in quantities of twenty acres or less, situated on islands, by actual settlers, who have settled on and placed valuable improvements thereon in good faith, or to their vendees, prior to the 1st day of January, 1895, and prescribing the price, terms, manner and time of such purchase."

The bill was laid before the House, read second time, and

Mr. Turner offered the following amendment:

Amend by adding to the bill section 5, as follows:

"Section 5. The crowded condition of the calendar and the necessity of immediate relief to such actual settlers in good faith creates an emergency and an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and such rule is hereby suspended."

Mr. Henderson moved to postpone further consideration of the bill until the 1st day of May.

Tabled on motion of Mr. Wolters. Mr. Bumpass moved the previous question, and the main question was ordered.

The amendment by Mr. Turner was adopted.

The bill was ordered engrossed.

Mr. Turner moved to suspend the constitutional rule requiring bills to be read on three several days in each house, and that the bill be put on its third reading and final passage.

The motion prevailed by the following vote:

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(Present and declining to vote, Mr. Henderson, who was, under the direction of the Chair, recorded as voting with the minority.)

Mr. Bumpass moved that the House stand at ease, subject to call of the Speaker's gavel, and the motion prevailed.

The House was called to order by the Speaker.

House bill No. 309 was passed.

Mr. Turner moved to reconsider the vote by which House bill No. 309 was passed, and to table the motion | to reconsider.

The motion to table prevailed.

Jones.

Reubell.

Lillard.

Rogers.

Lotto.

Savage.

Love.

Schlick.

Martin.

Seabury.

McGaughey.

Shelburne.

McKamy.

Shropshire.

McKellar.

Sluder.

Meade.

Staples.

Melton.

Mercer.

Moore, Fort Bend. Moore of Lamar.

Strother.
Thaxton.

Thompson.

Turner.

Vaughan of Collin. Welch.

Williams.

Morris.

O'Connor.

Peery.

Pfeuffer.

Wood.

Nays-25.

Kimbell.

Maxwell.

Beaird.
Brigance.
Browne.
Burney.
Cureton.
Dorroh.
Drew.
Edwards.
Evans of Grayson.
Gilbough.

McFarland.

Morton.

Oliver.

Reiger.

Robbins.

Stamper.

Stokes.

Tracy.

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carrying out of the provisions of this act," with amendment by the committee.

The bill was laid before the House, read second time and the committee report was adopted.

Mr. Curry offered the following substitute for the bill:

Substitute House bills Nos. 226 and 325, a bill to be entitled "An act to appropriate the lands recovered from railroads and other companies, and to set them apart for the use and benefit of a branch university for colored youths, for the erection of a Governor's mansion, for the State Orphans' home, for the university and for the home, for the university and for the common school fund and to appropriate the public domain in certain counties." Be it enacted by the Legislature of the State of Texas:

Section 1. That 50,000 acres out of any of the lands that have been or may hereafter be recovered from any railroad company in any suit by the State on any siding and switches, or of lands recovered from any other company that may have attempted to purchase lands under the 50 cents law and failed to perfect title, such lands known as Bacon and Graves surveys, shall be appropriated and set apart for the use and benefit of a branca university for the colored youths of this State; and 50,000 acres of such lands as above described for the purpose of building a Governor's mansion; and 100,000 acres of such lands as above described to the State Orphan home, now located at Corsicana, and the remainder of such recovered lands shall be and the same are hereby appropriated and set apart for the use and benefit of the common schools, to be managed as the law now directs in cases of all other public free school lands. Sec. 2. All lands known as public domain in El Paso, Pecos and Reeves counties shall be appropriated and are hereby set apart as follows: Threefourths of the proceeds of the lease or sale of such school lands to the benefit of the common schools, and the remaining one-fourth to the State University and its branches, to be controlled as lands are now managed, both under lease and sale for the University, and the other public lands by the commissioner of the general office. The substitute was adopted. Mr. Brigance moved to postpone further consideration of the bill until 10 o'clock a. m. next Monday.

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The motion prevailed. Mr. Maxwell moved to suspend the regular order of business and to take up and place on its second reading Senate bill No. 42, and the motion was lost.

On motion of Mr. Staples the regular order of business was suspended to take up and place on its second reading,

House bill No. 279, a bill to be entitled "An act declaring the theft of cotton over the value of $20 a felony, and under the value of $20 a misdemeanor, and fixing a penalty therefor."

The bill, with majority favorable and minority adverse reports thereon, was laid before the House, whereupon,

Mr. Evans of Hunt moved to excuse the absentees, upon which motion yeas and nays were demanded by Mr. Turner, Mr. Vaughan of Collin and Mr. Beaird.

The House refused to excuse the absentees by the following vote: Yeas-58.

Barrett.
Benson.
Blackburn.
Boyd.

Brewster.
Browne.
Bumpass.
Burney.
Carpenter.
Carswell.
Conoly.
Cureton.
Curry.
Dean.
Dickinson.
Doyle.
Drew.
Edwards.
Evans of Hunt.
Evans of Grayson.
Ewing.
Feild.
Fields.
Fisher.
Freeman.
Garrison.
Graham.
Hensley.

Hill of Travis.

Beaird. Bertram. Brigance. Burns.

Crawford. Dennis. Dies.

Dorroh.

Holland of Burnet. Jones.

Kimbell.

Lillard.

Love. Martin.

McGaughey.

Meade.

Melton.

Mercer.

Moore, Fort Bend.

Morris.

Morton.

Peery.

Pitts.

Reubell.

Robbins.

Savage.

Schlick.

Seabury.

Shelburne.

Shropshire. Sluder. Stamper.

Stokes. Thompson. Wall.

Welch.

Williams.

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Amend section 1 by striking out the word "cotton," in line 11, and inserting in lieu thereof the word "property," and amend further by striking out the word "cotton" in line 15 and inserting in lieu thereof the word "property." (Signed-Turner and Seabury.)

Mr. Tracy offered the following substitute for the amendment:

Amend by adding after the word "cotton," in line 15, section 2, "corn, wheat, oats, apples, or any other farm products, or wool."

Tabled on motion of Mr. Brewster. The amendment by Mr. Turner was lost.

The bill was ordered engrossed.

(Mr. Blair was announced present.) Mr. Williams moved to excuse the absentees, upon which motion yeas and nays were demanded by Mr. Reiger, Mr. Turner and Mr. Wood. The House refused to excuse the absentees by the following vote:

Yeas-60.
Love.

House bill No. 279 was read second time with the majority and minority reports.

Barrett.

Benson.

Martin.

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Carswell.

Morton.

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Mr. Seabury moved to substitute the Dean. minority for the majority report. Tabled on motion of Mr. Dennis. The majority report was adopted. Mr. Humphrey offered the following substitute for the bill:

Amend by substituting the following: A bill to be entitled "An act o amend article 870, title XVII, chapter 9, of the Penal Code of the State of Texas."

Ewing.

Feild.
Edwards.
Fields.
Fisher.
Freeman.

Garrison.

Be it enacted by the Legislature of Graham. the State of Texas:

Hensley.

Kimbell.
Lillard.

Skillern.

Sluder.
Stamper.
Thomas.

Thompson.
Wall.

Section 1. Article 870. Theft of prop-ill of Travis. erty under the value of $50 shall be Holland of Burnet. Welch. punished by imprisonment in the counJones. ty jail not exceeding two years, during which time the prisoner may be put to hard work on the county roads, or otherwise, and by fine not less than the value of the property stolen and not exceeding $500, or by such imprisonment without fine.

Williams.

Wolters.

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