Weinert. Absent-Excused. Paulus. Willacy. Senator Senter moved that the pend- Perkins. ing order of business (Senate bill No. 10) be suspended, and the Senate take up, out of its order, Senate bill No. 4 for the purpose of setting it for a time certain. Pending discussion on the above motion, Senator Veale offered the following simple resolution by unanimous consent: Whereas, The present Special Session of the Thirty-first Legislature is now drawing to a close; and Whereas, Many important matters submitted by the Governor for the attention of the Legislature are yet to be considered; and Whereas, It is the desire of many members of the Legislature that the present session end, that they may be allowed to return to their business avocations; therefore, be it Resolved, That from this time on the Senate take up in their regular order all measures now before this body and finally dispose of them as they are called. VEALE, PAIRED. Senator Hudspeth (present), who would vote "yea," with Senator Harper (absent), who would vote "nay." Senator Watson (present,) who would vote "yea," with Senator Brachfield (absent), who would vote "nay." SIMPLE RESOLUTION. By Senator Peeler: Whereas, The Texas Woman's Press Association meet in their annual convention in Austin on May 4 and 5, 1909; therefore, be it Resolved by the Senate, That the Senate Chamber be and the same is hereby tendered to said association on the dates stated for the purpose of holding therein such convention. The resolution was read and adopted. SENATE BILL NO. 10. Absent-Excused. Real. Willacy. The Chair laid before the Senate, on Brachfield. second reading and pending business, Senate bill No. 10, A bill to be entitled "An Act to amend Article 1264 of the Revised Statutes of 1895, and to fix the time of filing and answer in all cases where the defendant is cited by publication, and declaring an emergency." Bill read second time, and ordered engrossed. On motion of Senator Stokes, the constitutional rule requiring bills to be read on three several days was suspended, and the bill put on its third reading and final passage by the following vote: Adams. Yeas-21. Murray. Terrell of Bowie. Cofer. Perkins. Greer. Senter. Hayter. Stokes. Holsey. Sturgeon. Hudspeth. Hume. Veale. Harper. Senator Stokes moved to reconsider the vote by which the bill was passed, and lay that motion on the table. The motion to table prevailed. SENATE BILL NO. 11. The Chair laid before the Senate, on second reading, Senate bill No. 11, A bill to be entitled "An Act to regulate the procedure in the appellate courts of this State, and to provide for the filing of the original statement of facts as a part of the record on appeal and writ of error in all causes on appeal or writ of error, from all courts, both civil and criminal, with an emergency clause." (Senator Watson in the chair.) The bill was read, and Senator Meachum offered the following amendment, which was read and adopted: Amend the bill by adding after the word "court," in line 13, the words "of record," and by adding after the word Terrell of McLennan. "courts," in line 18, the words "of rec Weinert. Absent-Excused. ord." SENTER, MEACHUM, ALEXANDER. Senator Meachum offered the following amendment, which was read and adopted: Amend the bill, line 13, by adding after the word "error," in said line, the words "to the Courts of Civil or Criminal Appeals, or to the Supreme Court." SENTER, MEACHUM, ALEXANDER. Bill read second time, and ordered engrossed. Senator Veale moved that the constitutional rule requiring bills to be read on three several days be suspended, and the bill put on its third reading and final passage. Adams. Alexander. Hayter. Holsey. Greer. Hudspeth. Kellie. Veale. The bill was read, and Senator Senter offered the following amendment: Amend the bill by adding to Section 1 at the end thereof, the following words: "In the event said statement of facts shall be required for use as testimony in the trial of any cause, it shall be the duty of the appellate court in which the same is filed upon application therefor to make such orders with respect thereto as the applicant may show to be necessary." FIRST HOUSE MESSAGE. Hall of the House of Representatives, Austin, Texas, March 29, 1909. Hon. A. B. Davidson, President of the Senate. Sir: I am directed by the House to inform the Senate that the House has passed the following: House bill No. 3, A bill to be entitled "An Act to amend Article 529n of the Penal Code of the State of Texas adopted at the Regular Session of the Twentyfourth Legislature of the State of Texas; Article 529h of Chapter 98 of the Acts of the Regular Session of the Twentyfifth Legislature of Texas; Article 529g of Chapter 90 of the Acts of the Regular Session of the Twenty-ninth Legislature of Texas, Article 2518, 25184e, 2518m, 529e, 529j, 5290 of Chapter 126 of the Acts of the Regular Session of the Thirtieth Legislature of Texas, and adding thereto Article 2518k, referring to licenses required of dealers in fish and oysters, and Article 529j1, referring to the screening of pumps, etc.; and repealing all laws in conflict with the above, relating to the duties and powers of the Game, Fish and Oyster Commissioner," with engrossed rider. Respectfully, BOB BARKER, Chief Clerk, House of Representatives. BILLS READ AND REFERRED. The Chair (Senator Watson) had referred, after its caption had been read, Real. Willacy. The Sergeant-at-Arms was instructed to bring in the absentees. Pending a short delay, Senators Tertell of McLennan, Meachum and Hume announced present, which completed a quorum. were SENATE BILL NO. 11. Action recurred on Senate bill No. 11, the question being on the pending amendment by Senator Senter (see morning proceedings for the amendment). Senator Alexander offered the following substitute for the amendment: Amend the amendment by substituting the following therefor: "In the event it becomes necessary to use any part of said original statement of facts in the trial of any cause, then either party at interest shall, on application to the clerk of such appellate court, have the right to a certified copy of such statement of facts or any part thereof, which shall be received in evidence in all cases in which the original would be received, and the clerk of such court shall have the same fees for such copy as provided by law for a stenographer for making up a statement of facts." ALEXANDER, SENTER. now Adams. Alexander. Bryan. Cofer. Peeler. Hayter. Perkins. Holsey. Senter. Hudspeth. Veale. Stokes. Mayfield. Holsey. Veale. Senator Cofer offered the following amendment to the substitute amendment: Amend substitute by adding at the end of Section 1 another paragraph, viz.: "Any party to such suit desiring a certified copy of any statement of fact, or any part thereof, may present a copy of such record to the clerk of the court having the custody of the original, and it shall be the duty of such clerk to compare such copy with the original and see that it is a true copy of the original, and then to attach his certificate to such copy that such copy is a true copy. For such service the clerk shall be entitled to charge fifty (50) cents for his certificate and ten (10) cents for each page of the examined and certified copy." lines 7 and 8, the following: "Provided, that in all cases where the testimony of any witness is so secured the entire testimony of said witness shall be included in the transcript.” The amendment was adopted. The substitute for the amendment, as amended, was then adopted by the following vote: Adams. Bryan. Hudspeth. Hume. The amendment to the substitute was Brachfield. adopted by the following vote: Yeas-20. Harper. Yeas-18. Murray. Perkins. Senter. Stokes. Terrell of Bowie. Terrell of McLennan. Ward. Watson. Nays-5. Sturgeon. Absent. Weinert. Absent-Excused. Real. Senator Veale offered the following amendment to the bill: Amend the caption of the bill by adding in line 10 after the word "criminal” and before the word "with" the following: "And providing for the use of certified copies of statement of facts, or any parts thereof in the trial of other cases, where the original statement of facts or such part thereof might be admissible in evidence." The amendment was adopted by the following vote: Hayter. Senter. Holsey. Hume. Kellie. Masterson. Mayfield. Yeas-24. Senator Watson offered the following Masterson. amendment to the amended: substitute, as Mayfield. Absent. Amend the amendment by adding after the words "would be received," in Weinert. |