Daily State Journal. (Austin, Tex.), Vol. 2, No. 104, Ed. 1 Saturday, May 27, 1871 Page: 6 of 8
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Chairinan
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bill No. 82, “An act
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Bills, submitted the following report:
meats to Senate
Hon. WM. H. SINCLAIR,
Governor.
AUSTIN, May 26, 1871.
Hon. WM. fl. SINCLAIR,
Report accepted.
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bill No. 524, “An act to incor
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SPEECH OF SENATOR W. H. SAVL(R
UPON THE GOVERNOR S VETO
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OF THE BOUT
IN PACIFIC RAILROAD BILL.
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Committee RooM,
Austin, April 19, 1871
'PVp
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vote on “2 •S
Here is d
Constitation, I
which the Ieq
There is no
mted to his Excellency, the Governor, for
House bills, viz : os. 686, 485, 360,
sttution to
rregard p
Wie Legis
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1, 859, 488, 526, 551, 650 and 685.
F. E. GEOTHAUS,
Chairman pre tem
11 o'Clock A. M.
ghi
Ovemanu
sitye
1 t
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General Land Office to purchase one hundred and thirty eopies of
Burlage & Hollingsworth’s book of Valid Land Titles, to prevent the
location of T
heirs of Charles G. Bryant, deceased.”
Senate bill Na 275, to be entitled "An act for the relief of the
heirs of Andrew Jackson Bryant, deceased.”
Senate bill No. 278, to be entitled "An act to incorporate Waco
Female College and
Senate bill No. 857, to be entitled “An act to incorporate the
Austin Social Club.”
on fifty-one (51) thousand
dollars, frontier defense bonds, will not be received by the Treasur-
er of the* State for deposit
Speaker of the House of Representatives :
SI: Your Committee on Enrolled Bins beg leave to report that
“dprotsot
Governor’s OFFICE,
Austin, May 25, 1871.
To the honorable Senate and House of Representatives of the State
of Texas :
, That the
ariwd and
> prohib
granting ।
berr“r
Oamotlohatipkaa:
approved May 24,1871.
House bill No. 512, “An act to incorporate the Boemne G
verein, of the town of Boerne. Kendall county, Texas,” approved
May 24, 187L
pro
article three
Gentlemen : I have the honor to inferm you that the following
named bills have been received by me and approved, to-wit:
Senate bill No. 92, “An set to athorize the Commfosfonm of the
The Speaker laid befone the House the following communicntion
from the Comptroller of Publie Acoounts :
Omo or TEE CoxrTBOLLER or Public Accounts,
AUsrI, May 25,1871.
Hon. WM H. SINCLAIR,
House bill No. 524, “An act to incorporate the Fredericksburg
Social Turnverein," approved May 24, 1871.
House bill No. 475, “An set to incorporate the Texas Cotton
Press and Manufacturing Company,” approved May 24, 1871.
House bill No. 680, “An act to prohibit the sale of intoxicating
and spirituous liquors in and within ten miles of the town of Ely-
sian Fields, Harrison county,” approved May 24, 1871.
House bill No. 342, “An act to i
Very respectfully,
J. SCHUTZE, Chairman.
PIERSON, .
COLE,
namy 2204 i
wefprred Houne
‘ therle of intoxi-
• R.
Room,
0 qpmew, 11,18,
prohibit the sale of
High School.”
GARDINER, -
BURLEY,
YOUNGKIN.
On motion of Mr. Morris, House bill No. 579 was laid on the
table.
A message was also received from the Senate returning the fol-
lowing bills pased by that body :
House , biu Na .367, to be entitled “An act to authorise the
transcript of the surveyor's records of Lampasas county."
House bill No. 577, to be entitled "An act m prohibit the sale or
otherwise disposing of spirituous or vinous liquors withih two miles
of Bagdad Masome Institute, in Williamson county.”
House bill No. 669, to be entitled "An aet muthorizing railroad
companies of this State to hold meetings, either of stockholders
directors, beyond the limits of 4hs State on eertain conditions;” and
House bill No. 686, to be entitled “An act amendatory of an
act entitled ‘ an act for the establishment of the Agricultural and
Speaker of the House of Representatives:
At the request of the Governor of the State, I furnish here-
with copy of the following correspondence, vis:
May 25, 1871.
To E. J. Davis, Governor of Texas:
Governor: The cancelled
and are called “ incidental powert"
As these two classes include al tbs powers conferred by the Fed-
oral Constitution, there is an implied prohibition of all others. In
other words, the theory of the Federal Constitution is, that the
grant of power is special and, the prohibition general—that what is
not granted by the Constitution is prohibited.
—-„Seetion
***** toe
bSolowimgt “han te
"mEvety violation or
" Me t
"Tever mt
"-ve iami
And the d
tir q4}
this day have been 1
his approval, the following
822, 52, 688, 651, 197, 84
disposing of intoxicating liquors
College, in Davis ceunty, Texas,” approved May 28,
Senate bill No. 284, “ An act to incorporate Columbus Lodge,
No. 51,1. O. O. F.,” approved May 28, 1871.
Senate bill No. 808, "An act to organise the Bureau of Immi-
—
xhsnsakka
an act prescribing
mode of proceeding in district courts in matters of probate, ap-
At 15, 1870," approved May 23, 1871..
use bill No. 281, “An act to incorporate the Waco Gas Light
Company,” approved May 28, 1871.
House bill No. 166, “An act to incorporate the “ Germania,” at
Fayetteville,’’ approved May 28, 1871.
Very respectfully,
EDMUND J. DAVIS,
Hollingsworth's book of Valid Land Titles, to prevent the
fraudulent land certificates," approved May 24, 1871.
House bill No. 262, “An act to ineorporate the San Antonio
River Valley Irrigation Company," approved May 24,1871.
House bill No. 512. “An act to incorporate the Boemne Gmsr-
Female Academy,” approved May 24, 1871.
Senate bill No. 832, “An act regulating appeals in criminal
cases,” approved May 24, 1871.
Senate bill No. 410, "An act to levy a special tax in the county
of Van Zandt,” approved May 24, 1871.
Senate joint resolution No. 87, “Joint resolution instructing our
Seniors and requesting our Representatives in Congress, to use their
influence in the passage of such an act by the United States Congress,
as shall incorporate the name of Commodore John G. Tod in the
36 uruwww •V9 •442=“ •“AMABge %
Senate bill Na 160 was read a third time, passed and its title
agreed to. s
Mr. Slaughter mved a suspension of the rules to take up ou t of
its regular order Senate bill No. 245. Rules not sspended.
By unanimous consent, Mr. Ham was permitted to withdraw a
petition of citizens of Grimes county in relation to a courthouse.
On motion of Mr. Grothaus, the rules were suspended to take up
y, your servant,
A. BLEDSOE,
Comptroller. /
GovERNOR's OFFICE,
Senate bill No. 256, “An act to incorporate the Board of Fund
Commissioners of Trinity Conference Methodist Episcopal Church
South,” approved May 28, 1871.
House bill Na 682, “An act making an appropriation to defray
the expenses incurred by the Secretary of State, James P. New-
comb, while on business connected with the frontier defense bonds
and Agricultural Land Scrip,” approved May 23, 1871.
House bill No. 647, “An set to amend 1 an act pi
mode of proceeding in district courts in matters of
Mr
LEONARD.
Braff bin Na 548, to be entitled “ An act to prohibit the sal,
of intosiapting lquors in the vicinity of Scyene Masonic Mah and
Femalinatitute," was then read.
On motien of Mr. Johnson, the amendments recommended by the {,
Committee OU Education were adopted, and House bill No. 548 or.
dered to be engrossed and passed to its third reading.
On motion of Mr. Leonard, the rules were suspended, Ilouse bi
No. 548 considered egrossed, read a third time, passed and its titl.
stinction bew
ttion in the g
ron, corpone
mugb willful,
HuKhitn bet
bablished, and
it je true, tha
da pg or aceryranylogrutusui:
navy of .tle United State, in the same rank held by him in the Texas
navy at the date of annexation,” approved May 24, 1871.
House joint resolution No. 81, “Joint resolution, authorising the
Governor of the State to invite the Hon. Horace Greeley to visit the
capital of the State.”
Approved May 24, 1871. *
/ Very respectfully,
EDMUND J. DAVIS,
Governor.
Mr. Morrison moved tht the House adjourn. Lost.
Mr. B. F. Williams moved a call of the House. Call sustained.
Absent—not evensed ■Messrs. C. L Abbott, Bonner, Gaston,
Locke, Miller, Pierson, Posey and Sheriff.
On motion of Mr. Slaughter, the call of the House was suspended
By unanimous consent, Mr. Schutze, Chairman of the
on Education, submitted the fol towing reports:
.13 «
a"A
apiL-)
h-edd
msmmapmmemae-"
vrof its repe
Tebiinetiu
heration, ban b
ach some haf
tilde* the lal
»tli» only e
Hittie toaii 1
heral urs ex
The public d
meo wmppme
ih to any on
b expense 1
1 Sate holds |
“ uncultivatnd
Mapproachal
1 Irranry,
LU pro
altern
QH buiM j
This road wir
es in extt 2
to be entitled “ An act to prohibit the sale of intoxicating atd
spirituous liquors within two miles of Live Oak Academy, in Hays
county,” have duly considered the same and beg leavto state that
after due examination of a petition signed by one hundred citizens
neighbors and patrons of live Oak cademy, in Hays county, w!
protest against the passage of mid bill, your committee recommend
that the bill be laid upon the table.
r#a
> daan i
Mechanical College of Texas,' approved April 17,1871.”
ing that the Benae bed agreed to House amend-
bill No 408. to be entitled “An act to require the
of the Fighfemth Judicial District to hold a special term of
time! Gour of Brezori county.”
By unanimot eonsent, Mr. Stockbridge, Chairman of the Com-
mittee on Engrossed Bills, submitted the following report:
Committee Room,
Mr. Pamsupuxt : It is not my vurpose ’to detain the Senate with
my. views question, but I would be unjust to my-
eelf and constituents were I to pass upon this veto megsage by S-
lently recording my vote. ' ..
The advantages of railroads to the country requires no review of
our-internal improvements or their history. Experience has taugbt
us already that what we have witnessed as the result of railroad en-
terprines in the past, we may expect in the future.
The distinguished Senator from Liberty, when the bill " To en-
the speedy construction of a railway through the SlaU of
Tejeat to the Pwkfoe Ocean " was before the Senate, if I under-
stood him correctly, said that “ this bill proposed to do what the
n . . , ------------- Federal Government itself was prohited Cram doing, i. e., grant a
"Anat to repcal an act to prevent the subsidy." Utas see. The Constitution of the United States cor -
tains a classification of its provisions. The Federal Government
Was designed for national objects only, which were limited in number,
and all of them were not specifically enumerated. The substantive
or primgry powers requisite for their nccomplishment are called ent;
^n^rated powers. As it was not easy to foresee er to enumerate all
or subordinate powers which might be required to ex-
iary, they are fenoral powers, and not enumerated.
/ Committee Room,
_ AUSTIN, April 19. 1871. '
Hon. IRA H. EVANS, F
Speaker of the House of Representatives ;
SI: Your Committee on Education, to whom was referred House
MH No. 579, to be entitled ‛
sale of vinous, spirituous or other intoxicating liquqrs within one
mile of Starrville, in Smith county, and the town of Knoxville, in
Cherokee county,’ ” have duly considered the same, and recommend
iugncpm F
. y
" SPECIAL ORDER,
Viz: Governor's message returning House bill No. 472. to b
entitled “An act for the relief of the heirs and assignees of James
Power and James Hewiton."e
Mr. Robertson moved that the Governor a message and Hou.se bill
No. 472 be referred to a special committee of five, with instructions
to report after the recess. Carried.
All of the unexcused absentees answered to the call of their
names, except Messrs. Bonner, Miller and Pierson.
Mr. Schutze moved a reconsideratiou of the vote by w hich the
House laid on the table House bill No. 579, to be entitled “An act
to repeal ‘an act to prevent the sale of vinous, spirituous or othe r
intoxicating liquors within one mile of the town of Starrville. in
Smith county, and the town of Knoxville, in Cherokee county,’
pending which,
The House, on motion of Mr. Robb, at 11:30 o clock A. M
adjourned until 10 o’clock A. M. to-morrow
Senate bill No. 218, to be entitled “An act to
intoxicating liquors in ths vicinity of Jamestown
Senate bill Na 228, to be entitled "An act autheriming the com-
promise of certain suits brought by the State in the District Court
of Colorado county.” *
Senate bill No. 274, to be entitled “An act for the relief of the
um--sm« me- "P* 04 *" ■" ' 2 ’ 2. .
Gzrrd T have the bonort inform jou that the towing
named billa have been received by its and approved,to-wite
Senate bill No. 880, 4 A* act to incorporate the Hebew Benevo-
lent Society of Brenham, in the county of Washington," approved
May 23, 1871.
ibit the sale or otherwise
Hon. IRA H. EVANS.
Speaker of the House of Representatives :
Sir : Your committee to whom was referred Senate bill No 311
• 4 ihca-65 •25
I'
Very respectfully.
' J. SCHUTZE, Chairman.
COLE,
PERSON,
BURLEY,
GARDINER.
Oa motion of Mr. Schutze, the report was adopted and Senate
bill No. 811 laid on the table.
Mr. Grothaus, Chairman pro tem of the Committee on Enrolled
°Aoaayrdrigowseudedetmtmysqn r0-myomgr4
rgmane -rtmms2a 2,
—2222
2422 —
spirituous er intoxienting Mows wwithi two mflee of Johnson’s o xrr±um: J
Point Mate tbdFtaMde Beminaiy.” named billa have 1
Senate UH Na 205, to be satitted “An ata to incorporate the
Paris Gas Oompany."
gration," approved May 28, 1871.
Senate bill No. 859, “An act to amend the first section of an act
entitled " an act for ths incorporation of ths city of Paris, in the
county of Lamar,’ approved August 10, 1870,” approved May
28,1871.
Senate bill No. 377, “An act to incorporate the Banking, Insu-
rance and Mutual Aid Association of Texas," approved May 28,
1871.
gor prohibits
-nition of th
ftis.boweven
inaid of vur m
probibitionia
The .MHO
Legislature 4
sons. 1 •Tnisi
ym"ere w#
dyomhiae 4"h /mg’ Ca,%
W’ P
Austin, May 25,1871.
Hon. A. BLEDSOE, Comptroller, Austin, Texas:
Sir : Your communication of tins date, informing me that the
concelled coupons on fifty-one (51) thousand dollars frontier defense
bonds will not be received by the Treasurer of the State for deposit,
has been received. Please inform the House of Representatives,
through the Speaker, of the contumacy of that oficer, so that said
House may adopt the appropriate action in regard to him
very respectfully, -
EDMUND X DAVS,
Governor.
A tree copy of oxiginal
A. BIDeOR, Comptroller.
Mr. Motrho moved that tha. communication he referred to a
select committee of five. Cawiad
The SpuHr appointed Meers. Morrison, Patten, Ham, Lane
and Dupregsuch committee.
By unamimqous consent, Mr. Morris offered the following reso-
lution:
,>■■■ » II., -
cgibel ijip
ee L~O . d abeheeoe
s€nRDNER,
BUrEy,
> j tu nemtaepe aM
82*225
sdhemmmmemcmane
2% 2,
rat-Anna of this House ba, and he is
_ _ to take charge of the HaHofRep-
resent atives of Iha furniture, and of all property belonging
thereto, AMg the rocem oftheLegsalatare; and ell parties holding
susoondolasanid A P thereof, shall
Resolutign read first and second timeA
Mr. Richand Allen moved that the House ad
.. Lost
On motiom of Mr. ‘Richard Allen, the resolution was
By wmanimots consent, Mr. Locke, Chairmen of the Committee
on Agriculture and Stock
Speaker of the House of Representatives :
Sir : The Committee on Engrossed Bute ask leave to report
that they have carefuilly ezamined Roum bill Na 282, to be entitled
“An act to art h arias Robert Holmes and others to construct a boom
across the Brasos river,” and find it
C. J. BT
E, Chairman.
I
H. C. ELUS.
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Daily State Journal. (Austin, Tex.), Vol. 2, No. 104, Ed. 1 Saturday, May 27, 1871, newspaper, May 27, 1871; (https://texashistory.unt.edu/ark:/67531/metapth1505213/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .