Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature Page: 45
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SENATE JOURNAL.
with the request that prompt action,
looking to the prosecution of such
offending persons, be instituted in
such county."
HOPKINS.
The amendment was read and
adopted.
Senator Pollard sent up the fol-
lowing substitute for the resolution
as amended:
Whereas, fraud and irregularities
have been charged in the recent
Democratic Primaries, and it is the
desire of the Senate of Texas to pro-
tect the purity of the ballot and per-
petuate the principles of honesty in
government,
Now, therefore, be it Resolved,
That the county executive commit-
tees of each of the counties of Texas
recount and investigate each and
every vote in their respective coun-
ties in Texas cast at the last Dem-
ocratic Primary on or before Satur-
day, September 17, 1932, and report
any irregularities or fraudulent
charges to the district courts, dis-
trict attorneys and grand juries of
their respective counties for prosecu-
tion.
POLLARD.
The substitute was read.
Senator Woodruff moved to table
the resolution. The motion prevailed
by the following vote:Berkeley.
Cousins.
Gainer.
Hardin.
Holbrook.
Hornsby.
Moore.
Oneal.
DeBerry.
Greer.
Hopkins.
Martin.
Neal.Beck.
Loy.
Small.Yeas-1 6.
Parrish.
Purl.
Rawlings.
Stevenson.
Thomason.
Williamson.
Woodruff.
Woodul.
Nays-10.
Parr.
Patton.
Poage.
Pollard.
Russek.
Absent.
Cunningham.Absent-Excused.
Woodward.Senato IIopkins sent up the fol-
lowing written point of order:I raise the point of order that the
pending resolution is out of order
and cannot be considered by the
Senate at this time, for the follow-
ing reasons:
First: Such resolution provides
for the performance of judicial du-
ties by a committee of the Legisla-
ture, towit, the investigation of a
primary election to ascertain the re-
suit, to ascertain whether frard was
committed, or whether other crim-
inal statutes were violated, and is
therefore violative of the provisions
of Art. V, Sec. 8 of the Constitution
of Texas, vesting jurisdiction over
election contests in the district court,
and is violative of Art. II, of the
Constitution of Texas, which sepa-
rates the powers of the government
of the State of Texas into three dis-
tinc(t departments.
Second: If said resolution does
not deal entirely with judicial mat-
ters and does not confer purely ju-
dicial functions on the committee,
then it deals with a legislative sub-
ject not submitted to the considera-
tion of this special session of the
Legislature in the proclamation of
the Governor calling such session,
and is violative of Sec. 40, of Art.
III of the Constitution of Texas.
HOPKINS.
Adjournment.
On motion of Senator Moore, the
Senate, at 5:45 o'clock p. m., ad-
journed until 10 o'clock tomorrow
Ironing.
APPENDIX.
Petitions and Memorials.
(Telegrams.)
Sherman Texas, Sept. 5, 1932.
Hon. Bob Barker, Secretary Senate,
Austin, Texas.
Please mark me absent on account
illness of my wife and put this in the
Journal.
JAKE J. LOY.
Committee on Enrolled Bills.
Committee Room.
Austin, Texas, Sept. 5, 1932.
Hon. Edgar E. Witt, President of the
Senate.
Sir: We, your Committee on En-
rolled Bills, have had S. C. R. No. 345
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Texas. Legislature. Senate. Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature, legislative document, 1932; (https://texashistory.unt.edu/ark:/67531/metapth142181/m1/51/?q=%22%22~1&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.