HOUSE JOURNAL. THIRTY-THIRD LEGISLATURE-FIRST CALLED SESSION. PROCEEDINGS. In obedience to the proclamation of McDaniel. His Excellency, O. B. Colquitt, Governor of Texas, convening the Thirty-third Legislature to meet in Special Session at Austin, the seat of Government, this the twenty-first day of July, A. D. 1913, the members of the House of Representatives assembled in Representative Hall, and, at 10 o'clock a. m., the House was called to order by Hon. Chester H. Terrell, Speaker. Speaker Terrell then directed the Clerk to call the roll, and the following members were present: McKamy. Rickerson. Savage. Smith. Spann. Spradley. Stephens. Stone. Sullivan. Taylor. Watson of Hays. Webb. Williams of Hopkins. Williams of McLennan. Woods of Fisher. Woods of Navarro. Wortham. Yarbrough. Parker. Parks. Patton. Powell. Raiden. Ratliff. Reedy. Ross. Rowell. Absent. Prayer was then offered by Rev. W. D. Bradfield, pastor of the First Methodist Church of Austin. LEAVE OF ABSENCE GRANTED. On account of important business: Mr. Furrh for today, on motion of Mr. Blalock. Mr. Rogers, until next Wednesday, and Mr. Glasscock for today, on motion of Mr. Householder. Mr. Brown for today, on motion of Mr. Fuller. Mr. Ridgell for today, on motion of Mr. Mendell. Mr. Harris for today, on motion of Mr. Burges. Mr. Ritchie for today, on motion of Mr. Mulcahy. Mr. Henry of Bowie for today, on motion of Mr. Rowell. Mr. Mills for today, on Speaker Terrell. motion of Mr. Tarver for today, on motion of Mr. Woods of Navarro. OATH OF OFFICE ADMINISTERED. Mr. Kennedy offered the following resolution: Whereas, the Hon. S. D. W. Low, the duly elected successor of the Hon. J. P. Buchanan, and the Hon. L. C. Penry, the duly elected successor to the late Hon. J. C. Hunt, are within the bar of the House; therefore, be it Resolved, That they now be sworn in as members of the House. KENNEDY, HUMPHREY. The resolution was read second time and was adopted. The Speaker then appointed Mr. Humphrey, Mr. Kennedy and Mr. Burmeister as a committee to escort the new members-elect to the Speaker's stand. The committee having performed their duty, Mr. Low and Mr. Penry then took the oath of office, which was administered by the Speaker. GOVERNOR'S PROCLAMATION. The Speaker then handed to the Clerk the proclamation of the Governor, which was read to the House as follows: Proclamation by the Governor of the State of Texas. Governor's Office, Austin, Texas, July 7, 1913. Whereas, the Thirty-third Legislature adjourned the Regular Session thereof without making appropriations for the support of the State Government, as provided by the Constitution shall be done. Now, therefore, the failure of the Legislature to pass such appropriation bill creates an extraordinary occasion, justifying the Governor to convene the Legislature in extra session, and I do hereby call the same to convene in the Capitol in the City of Austin, beginning at ten o'clock a. m., Monday, July 21, 1913, for the following purposes, to-wit: 1. To make appropriations for the support of the State Government and its institutions, and the repair, restoration and erection of necessary public buildings, for the fiscal years beginning September 1, 1913, and ending August 31, 1915. 2. To pass a law providing for and regulating the election of United States Senators from Texas by the people thereof, as provided shall be done hereafter by an amendment to Section 3 of Article 1 of the Constitution of the United States recently declared ratified and adopted by three-fourths of the States in the Union. 3. To revise or amend the provisions of the law now governing the management and control of the Penitentiary System as embraced in Chapter 10, Acts of the Fourth Called Session of the Thirty-first Legislature. 4. To consider and act upon such other matters as may be presented by the Governor, pursuant to Section 40 of Article 3 of the Constitution of Texas. In testimony whereof, I hereunto sign my name and affix the Seal of State at Austin, Texas, this the 7th day of July, A. D. 1913. (Seal.) O. B. COLQUITT, Governor of Texas. By the Governor : The State of Texas, I, D. A. Gregg, Acting Secretary of State of the State of Texas, do hereby certify that the attached and foregoing is a true and correct copy of the Proclamation of Hon. O. B. Colquitt, Governor of Texas, convening the Thirtythird Legislature in extra session at 10 o'clock a. m., Monday, July 21, 1913. In testimony whereof I have hereto signed my name officially and caused to be impressed hereon the Seal of State at my office in the City of Austin, Texas, COMMITTEES TO NOTIFY GOVER- Mr. Williams of Hopkins offered the following resolution: Resolved, That the Speaker be and is hereby authorized to appoint two committees, consisting of three members each, and that one of said committees be directed to inform the Governor that the House of Representatives is now assembled in special session in obedience to his proclamation and has a quorum present, and will be pleased to receive any communication he may desire to transmit, and that the other committee be directed to advise the Senate that the House has a quorum present and is now ready to proceed with business. The resolution was read second time and was adopted. In accordance with the above action, the Speaker announced the appointment of the following committees: To notify the Governor: Messrs. Williams of Hopkins, Thompson and Kirby. To notify the Senate: Messrs. Nabours, Heilig and Woods of Navarro. HOUSE BILLS ON FIRST READING. The following House bills, introduced today, were laid before the House, read severally first time and referred to appropriate committees, as follows: By Mr. Wortham : House bill No. 1, A bill to be entitled "An Act making appropriations to pay salaries of judges and for the support of the Judicial Department of the State Government for two years, beginning September 1, 1913, and ending August 31, 1915." 3 Bureau of Labor Statistics, State Inspector of Masonry, Public Buildings and Works, Adjutant General's Department, State Board of Health, Game, Fish and Oyster Commissioner, Live Stock Sanitary Commission, State Mining Board, Pure Food Commission, State Department, Department of Education. Pension Department, Attorney General's partment, General Land Office, Railroad Treasury Department, Comptroller's DeCommission, Department of Agriculture, Board of Water Engineers, and State Levee and Drainage Commission." Referred to Committee on Appropriations. By Mr. Kirby: House bill No. 3, A bill to be entitled "An Act providing for the election of United States Senator by a direct vote of the people in accordance with the recent amendment to the Federal Constihappens in the representation in this tution; providing that when a vacancy State in the Senate of the United States that the Governor may make temporary appointments and shall issue the necessary writs of election to fill such vacancy and also to provide for the holding of primaries by political parties for the nomination of candidates for the United States Senate, and declaring an emergency." Referred to Committee on Privileges, Suffrage and Elections. By Mr. Kennedy: House bill No. 4, A bill to be entitled "An Act providing for the election of United States Senators from Texas to the Congress of the United States and Referred to Committee on Privileges, By Mr. Reedy: House bill No. 5, A bill to be entitled Referred to Committee on Appropria- "An Act to establish a prison system tions. By Mr. Wortham: and declaring the policy of the State with reference thereto; to provide for prison system; to provide for the conthe management and control of such trol, management and treatment of all tiary; to provide that prisoners and prisoners sentenced to the penitenex-prisoners as herein be permitted defined shall to testify in certain hiring of State prisoners; to provide rules to abolish the leasing and and regulations for the government and conduct of such prison system: to provide for a board of prison commissioners. to provide for their appointment and define their powers, duties and authority, House bill No. 2, A bill to be entitled "An Act making appropriations to pay the salaries of employes of departments and courts of the State and certain other expenses of maintaining and conducting them, as follows: Governor's Office, Mansion and Grounds, Department cases; of State, State Revenue Agent, Public Buildings and Grounds, Department of Insurance and Banking, State Insurance Commission, Texas Library and Historical Commission, State Tax Board, State Purchasing Agent, Public Printing, to provide for the purchase or sale of real estate by the prison commission, to vest title of all real estate owned by the prison system; to provide for the appointment of an auditor; to provide for a general farm manager and a general business manager; defining the duties of each; describing penalties for the violation of this act; to provide that the prison commission may sue, that no suit shall be filed against the prison commission; that no set-off, counter-claim, recoupment, cross-action plea in reconvention or claim for damages hereafter arising shall be allowed against a suit brought by the prison commission with out the consent of the Legislature; prescribing penalties for exciting a convict to riot and mutiny; prescribing penalties for carrying intoxicating liquors into the penitentiary, or any prison camp. and for the sale and gift of intoxicating liquors to the convicts; repealing Chap ters 1 and 2 of the Revised Civil Statutes of 1911; providing for granting paroles under the indeterminate sentence law; providing for a legislative visiting committee; prohibiting persons connected with the prison system from political activity, and forbidding persons from being appointed to positions in the prison system as a reward for political activity requiring district judges in certain counties to direct grand juries to visit prison and places where convicts are kept, or penitentiaries located, and repealing all laws and parts of laws in conflict with this act, and declaring an emergency.' Referred to Committee on Peniten tiaries. solution had passed the House by a vote of 84 yeas and 36 nays; and Whereas, there exists a doubt whether said resolution can be submitted to the people inasmuch as it does not show that it received a two-thirds vote of all the votes of House; therefore, be it Resolved by the House, the Senate concurring, that the enrolling clerk in the Senate be instructed to correct the indorsement on said resolution which is now in possession of the Secretary of State, so as to show that said resolution passed the House by a vote of 98 yeas, 29 nays. The committee appointed to notify the Senate that the House is organized and ready for business appeared at the bar RELATIVE TO SENATE JOINT RESO- of the House, and, being duly announced. LUTION NO. 12. Mr. Kennedy offered the following resolution: House Concurrent Resolution No. 1, Authorizing correction of indorsement on Senate Joint Resolution No. 12, passed at the Regular Session, Thirty-third Legislature. Whereas, during the general session of the Thirty-third Legislature, Senate Joint Resolution No. 12, providing for the initiative and referendum, passed the Senate by a vote of 21 yeas and 7 nays, and passed the House by a vote of 98 yeas and 29 nays, all of which was properly indorsed on the resolution by the Chief Clerk of the House and the Secretary of the Senate; and Whereas, in placing the indorsements on the enrolled resolution in the Senate, the indorsement placed by the Senate Enrolling clerk showed that said re stated that they had performed the duty assigned them. (Mr. Kennedy in the chair.) PROVIDING FOR EMPLOYES. Mr. Lane offered the following resolution: Resolved, That the Speaker of the House shall appoint the following employes for the called session to serve for such compensation as may be hereafter provided, to-wit: One private secretary for the Speaker at $5.00 per day; one stenographer for the Speaker at $4.00 per day; one porter for the Speaker at $2.00 per day; one page for the Speaker at $2.00 per day; one clerk to the Finance Committee at $5.00 per day, and this clerk shall be an expert stenographer; two general clerks at $4.00 per day each; one clerk to the Sergeant-atArms at $5.00 per day; one porter to the Sergeant-at-Arms at $2.00 per day; one |