number as well as upon the former. It is claimed, however, that section 11, article 3, destroys this limitation, as it authorizes each House to determine the rules of its own proceedings. My contention is that a rule can only affect the mode of procedure and can not in any way affect jurisdiction, neither enlarge nor diminish.

members to attend at any time, but I do deny that a rule which requires all members to be present before a particular bill can be considered is constitutional. I will put a crucial test to this rule: The House being under call, suppose we, notwithstanding that fact, pass this bill, No. 9. The bill becomes a law and is taken before the Supreme Court. The law is attacked upon the ground that the House is under call, and the Supreme Court for that reason is asked to hold that this bill is not legally passed.

The Jour

Section 5, article 1, of the Constitution of the United States, is almost identical with section 10, article 3, of the State Constitution of the State of Texas. The only difference between the two is that under the Constitutionnals of the House at this time show of the United States a majority contwo-thirds of the members voting; stitutes a quorum, while under that of can anyone doubt for a moment that Texas two-thirds makes a quorum. the Supreme Court will hold that the Congress, in the adoption of its rules, bill was passed by a constitutional evidently placed the same construc- quorum, and that the rule of the tion upon sections 5 and 6 of the Unit- House must be subordinated to this ed States Constitution that I contend constitutional law, fixing the quorum Which must prevail, should be placed upon sections 10 and at two-thirds? fixes two11, article 30, of the Constitution of this State. (See rule 15, page 298, Di-thirds as a working Legislature, or a gest of the Rules and Proceedings of rule which requires all the members the House of Representatives of the to be present as a working LegislaUnited States.) This rule provides ture? that when a quorum appears the call shall be dispensed with.

the Constitution, which

It certainly can not be, ought not to be, claimed that it was the intention of the framers of the Constitution to empower the Legislature to make a rule by which the business, or any business, before this body can be indefinitely delayed by the action of a few members when two-thirds of the House is present and constitutionally prepared to go on with all of the business of the House. Such a rule would be unreasonable and would defeat the very object of the call. The framers of the Constitution did not engraft upon either section 10 or 11 any exception by which any part of the business of the House could be thus delayed when two-thirds of the House

Now, the rules of this House virtually say that when a call is made the presence of every member of the House is necessary to pass a bill. This is the logical and practical effect, yet the Constitution says that a quorum of two-thirds is sufficient to pass a bill. When can a call be made? The question is answered by section 10 itself, viz., when two-thirds of the House is not present "a smaller number may compel the attendance of absent members in such manner and under such penalties as each House may provide." What is the object of a call of the House? The only reasonable object which can be stated is to ena-elected is present; but, upon the conble the House to have enough members on the floor to proceed with business; in other words, to obtain a quorum - that is, to obtain two-thirds. When you have present every mem-yond the power of either the Legislaber constitutionally necessary to do business and pass a bill, what reason can be given for suspending action on the bill? None on earth that I can see. The rule is not only not constitutional, but nonsensical. The framers of the Constitution evidently did not intend that a call could be ordered when a quorum is present, because it expressly limits this power to a number less than two-thirds in order to obtain a quorum. (I speak only of a call technically.) I do not deny the power of the House to compel absent

trary, provides that two-thirds is a quorum for business empowered to do any and all business before the House. The rule is elementary that it is be

or

ture or the courts to engraft an exception upon any provision of the Constitution regulating jurisdiction power when no such exception is placed there by those who framed the Constitution, and the people who adopted it. And this principle can not be varied by the power conferred to make a rule, as a rule only relates to the mode of procedure or practice and must never be construed as giving power or jurisdiction. The question of power or jurisdiction must flow from a law either organic or legisla

tive, and no one house of a Legislature can make a law, while either may make a rule. The only object of a call can be to obtain a working body so that laws may be made or bills passed; when such a working body is obtained, the reason for call having ceased, the call itself should be discharged. Under a similar provision of the Constitution of the State of Pennsylvania, the Legislature of that State, upon a similar question before the House, so held, and a quorum appearing, ordered the vote (Journal House of Representatives 1885, page 1024). Believing as I do that the rule of this House is unconstitutional, I respectfully submit the above as my reasons for raising the point of order. Respectfully submitted,

FISHER.

BILLS SIGNED BY SPEAKER.

The Speaker signed in the presence of the House, after giving due notice thereof, and their captions had been read severally, the following bills:

House bill No. 110, "An act to amend articles 2526, 2531 and 2532 of title 49, of the Revised Civil Statutes of the State of Texas, and to repeal article 2527 of said title, relating to forcible entry and detainer."

House bill No. 87, "An act to amend article 4069, chapter 4, title 87, of the Revised Civil Statutes of the State of Texas, relating to county surveyors, requiring them to give bond," etc. PETITIONS AND MEMORIALS. By Mr. Moore of Lamar:

A petition and memorial of twentyone citizens of Paris and Lamar county, protesting against the passage of the Evans assignment bill. Referred

No. 1.

to Judiciary Committee

By Mr. Maxwell:

A petition of twenty citizens of Eastland county, against the creation of a new county out of Eastland and other counties.

Read and referred to the Committee on Counties and County Boundaries. By Mr. Shelburne:

A petition of seventeen ginners of Denton county, Texas, asking for the passage of a law giving ginners a lien on the cotton ginned by them. Read and referred to Judiciary Committee No. 2.

By Mr. Doyle:

By Mr. Hensley:

House bill No. 561, a bill to be entitled "An act to amend article 4750. of the Revised Civil Statutes of the State of Texas, by adding thereto article 4750a, relating to work on public roads, and to provide for the manner of selecting guards for convicts while working thereon."

Read first time and referred to Committee on Roads, Bridges and Ferries. By Mr. Crawford:

House bill No. 562, a bill to be entitled “An act to appropriate seventy-one dollars and fifty cents for the relief of I. T. Stanfield, and to direct the Comptroller to draw his warrant for

same."

Read first time and referred to Com-
mittee on Claims and Accounts.
By Mr. Moore of Lamar and Mr.
Love:

House bill No. 563, a bill to be entitled "An act to amend section 6, of chapter 132, of the Acts of the Twentyfourth Legislature of the State of Tex

A petition from the officers of Ruskas, passed at the regular session there

county, protesting against the passage of the Wayland fee bill.

of, and entitled an act to create a more efficient road system for Dallas, Lamar

quire property owners to connect with sewers constructed or provided for by such cities."

House bill No. 565, a bill to be entitled "An act to authorize cities to retled "An act to amend article 3984, of the Revised Civil Statutes of the State of Texas (1895), relating to the disposition of the available school fund, and prescribing purposes for which such fund may be used, and to provide penalties for violations of this act, and repealing article 3989 and all laws in conflict with this act."

Read first time and referred to Committee on Towns and City Corporations.

By Mr. Turner:

House bill No. 571, a bill to be entitled "An act prescribing the time of

Read first time and referred to Com- holding the terms of the district court mittee on Education.

By Mr. Smith:

House bill No. 566, a bill to be entitled "An act to amend article 4867, title 100, of the Revised Civil Statutes of the State of Texas (1895), relating to the issuance of the writ of requisition."

Reau first time and referred to Judiciary Committee No. 1.

By Mr. Feild:

House bill No. 567, a bill to be entitled "An act to amend sections 9, 11, 18, 19, 21, 32, and 44, of an act to incorporate the City of Denison, and to fix the boundaries thereof, etc.. passed March, 1891. to provide for the election of aldermen and other officers of said city, by the people, and for fixing their compensation; providing for the filling of vacancies in said offices; prescribing the duties of the city secretary, and for fixing his compensation; to vest in the city council, only, the power to contract debts for the city. and to appropriate money to pay the same, and to repeal all laws and parts of laws in conflict with this act."

Read first time and referred to Committee on Towns and City Corporations.

in the Twenty-eighth, Thirty-sixth and Forty-ninth Judicial Districts of the State of Texas, and to repeal all laws and parts of laws in conflict herewith." Read first time and referred to Committe on Judicial Districts.

By Mr. McKamy:

tled "An act to give jurisdiction to the House bill No. 572, a bill to be entiseveral Courts of Civil Appeals over courts to another under the direction cases transferred from one of such of the Supreme Court, and providing for the transfer of such cases."

Read first time and referred to Judi

ciary Committee No. 1.

By Mr. McKamy:

House bill No. 573, a bill to be entitled "An act to provide for the removal and distribution among the Courts of Civil Appeals and the Court of Criminal Appeals of the State of Texas, of the law library belonging to the State, now situated at Tyler, Texas."

Read first time and referred to Judiciary Committee No. 1.

By Mr. Hill of Gonzales:

House bill No. 574, a bill to be entitled "An act to amend article 1587, title 104, chapter 4, of the Revised

Also, that the Senate does concur in o'clock a. m., presented the same to the
House amendments to
Governor.

The following bills received from the Senate were read first time, and referred as follows: Senate bills Nos. 236 and 198 to Ju- months' wages; in favor of estates, diciary Committee No. 1.

Senate bill No. 100 to the Committee ecutors, administrators and guardians; on Finance. in favor of the State, county and city

Senate bill No. 58 to the Committee or town for taxes; and in Lavor of credon Education.

Your Committee on Enrolled Bills amendments.