Whereas, The Governor and the Commissioner of General Land Office, by the Attorney General of the State, has filed a demurier to the aforesaid bill, which demurrer after full argument by the counsel for the State and the road. has been overruled by said United States Circuit Court and the injunction granted; therefore

Be it resolved by the Legislature of the State of Texas, That the Governor is hereby authorized to instruct the Attorney General of the State to take an appeal at once from the judgment of the Circuit Court in overruling said demurrer and in granting said injunction to the Supreme Court of the United States; and that if the Attorney General cannot leave his office to appear in person in the Supreme Court of the United States to represent the State, that the Governor be authorized to select some other attorney to prosecute an immediate appeal, and to press an early decision of the case by the Supreme Court of the United States.

Be it resolved, That this resolution shall take effect and be in force from and after its passage. Approved February 14, 1871.

CHAPTER VI.

JOINT RESOLUTION ASKING THE CONGRESS OF THE UNITED STATES TO PASS A BILL FOR THE CONSTRUCTION OF A RAILROAD FROM THE EASTERN BOUNDARY OF TEXAS TO THE PACIFIC OCEAN, ON OR NEAR THE THIRTY-SECOND PARALLEL OF LATITUDE, AND TO GRANT THE SAME AID FOR TH CONSTRUCTION OF THIS RAILROAD THAT HAS BEEN GRANTED TO SECURE THE BUILDING OF THE NORTHERN PACIFIC RAILROAD.

WHEREAS, It is the opinion of the Legislature of the State of Texas that the early construction of a railroad from the eastern boundary of Texas to the Pacific Ocean, on or near the thirty-second parallel of latitude, is of vital importance to the people of the United States, and especially to the people of Texas; and

Whereas, The Government of the United States has granted liberal aid to secure the construction of two lines of railway to the Pacific Ocean, neither of which is located in the South; and

Whereas, The Southern States have an equal interest with the other States in the ownership of the public domain, and no lands

have yet been donated by the General Government to aid in the construction of a Southern Pacific railroad; and

Whereas, The construction of such a railroad would save to the Treasury of the United States the vast sums of money expended annually for the defense of the frontiers of Texas from the incursions of hostile Indians, and would save the lives and property of scores of the citizens of Texas, who perish annually at the hands of these savages, and would also secure the speedy settlement of a large portion of the State of Texas, which is now almost uninhabited; therefore,

Be it resolved by the Legislature of the State of Texas, That the Congress of the United States is earnestly requested to pass a bill for the construction of a railroad from the eastern boundary of Texas to the Pacific Ocean, on or near the thirty-second parallel of latitude, as soon as possible, and to grant the same aid for the construction of this railroad that has been granted to secure the building of the Northern Pacific railroad.

Be it further resolved, That our Senators are instructed and our Representatives in Congress are requested to use their utmost endeavors to secure the passage of a bill embracing the objects set forth in this resolution.

Be it further resolved, That copies of this preamble and resolution be forwarded to the President of the United States, to the President of the Senate, and Speaker of the House of Representatives of the Congress of the United States, and to each of the Senators and Representatives from Texas in the Congress of the United States.

Approved February 14, 1871..

CHAPTER VII.

JOINT RESOLUTION AUTHORIZING THE GOVERNOR TO RECEIVE FROM THE TEXAS AND NEW ORLEANS RAILROAD COMPANY, OR THE PRESENT REPRESENTATIVES THEREOF, THE AMOUNT OF INTEREST DUE THE SPECIAL SCHOOL FUND ON THE FIRST DAY OF NOVEM

ber, 1870, undER THE PROVISIONS OF AN ACT ENTITLED “AN

ACT FOR THE RELIEF OF RAILROAD COMPANIES INDEBTED TO THE

STATE FOR LOANS FROM THE SPECIAL SCHOOL FUND," APPROVED AUGUST 13, 1870, AND PERMITTING SAID COMPANY, OR ITS REPRESENTATIVES, TO AVAIL ITSELF OF THE PROVISIONS OF SAID ACT.

Be it resolved by the Legislature of the State of Texas, first, That the representatives of the Texas and New Orleans Railroad Company, having paid into the State Treasury the amount of interest due the Special School Fund on the first day of November, A. D. 1870, under the provisions of an act entitled "An act for the relief of 1ailroad companies indebted to the State for loans from the Special School Fund," approved August 13, 1870, and having also paid the costs of advertising said railroad for sale, the said railroad and the parties interested therein are hereby permitted to avail themselves of the provisions of said law, and the Governor is hereby authorized to suspend the sale thereof, as advertised to take place on the fourteenth day of February, 1871.

Secondly, That this joint resolution take effect from its passage. Approved February 14, 1871.

JOINT RESOLUTION MAKING AN APPROPRIATION OF ONE THOUSAND AND EIGHTY-FIVE DOLLARS TO PAY FOR THE PORTRAIT OF GEN. SAM HOUSTON.

WHEREAS, On the 15th day of August, A. D. 1870, a resolution was adopted by the Senate, instructing and requiring the sergeantat-arms to obtain a portrait of Gen. Sam Houston for the Senate Chamber;

SECTION 1. Be it resolved by the Legislature of the State of Texas, That the sum of one thousand and eighty-five dollars be, and the same is hereby appropriated out of any unappropriated

moneys in the Treasury, to reimburse Capt. A. Faulkner, sergeantat-arms, amount paid for portrait of Gen. Sam Houston, father of

Texas.

SEC. 2. Be it further resolved, That the Comptroller is authorized and required to draw his warrant upon the Treasurer for the amount.

SEC. 3. That this resolution take effect and be in force from and after its passage.

Passed February 15, 1871.

The foregoing joint resolution, received in the office of Secretary of State March first, one thousand eight hundred and seventy-one, having been presented to the Governor of Texas for his approval, and not having been returned by him to the house in which it originated within the time prescribed by the Constitution, has become a law without his approval.

JAMES P. NEWCOMB,
Secretary of State.

CHAPTER IX.

JOINT RESOLUTION AUTHORIZING MEMBERS OF THE LEGISLATURE. TO WITHDRAW FROM OFFICE OF SECRETARY OF STATE ENROLLED BILLS WHICH FAILED TO BECOME LAWS AT THE LAST SESSION OF THE LEGISLATURE.

WHEREAS, Many bills passed at the last session of the Legislature failed to become laws; and

Whereas, Many members desire to reintroduce said bills; therefore,

Resolved by the Legislature of the State of Texas, That the introducer of any bill which passed both houses of the Legislature at its last session, and which failed to become a law, shall be authorized to withdraw from the office of the Secretary of State the enrolled copy of said bill on file in said office, and the Secretary of State is hereby directed to deliver to any member of the Senate or the House of Representatives, who may require the same, any enrolled bill now on file in the office of the Secretary of State which may have been introduced by said member, and which failed to become a law.

Approved February 17, 1871.

CHAPTER X.

JOINT RESOLUTION AUTHORIZING THE ENGROSSING AND ENROLLING CLERKS OF THIS LEGISLATURE TO OCCUPY THE STATE LIBRARY FOR THE PERFORMANCE OF THEIR CLERICAL DUTIES.

WHEREAS, The Supreme Court of this State at present occupies the rooms set apart for the engrossing and enrolling clerks of this Legislature, under the direction of the President of the Senate and Speaker of the House of Representatives;

Be it resolved, That the engrossing and enrolling clerks of this Legislature be authorized to occupy pro tempore, for the performance of their clerical duties, the room in which the State library and geological specimens are contained. Approved February 23, 1871.

CHAPTER XI.

JOINT RESOLUTION MAKING AN APPROPRIATION, AND EXPRESSING THE WISH OF THE STATE TOUCHING THE SUIT OF JOHN A. C. GRAY, RECEIVER, ETC., VERSUS THE GOVERNOR AND COMMISSIONER OF THE GENERAL LAND OFFICE.

SECTION 1. Be it resolved by the Legislature of the State of Texas, That the sum of twelve hundred dollars, or so much thereof as may be necessary, be and is hereby appropriated, to be drawn on requisition of the Governor, to be used in paying the costs of court and the expenses of counsel in the suit of John A. C. Gray, receiver, etc., versus the Governor and Commissioner of the General Land Office, in which an appeal has been taken to the Supreme Court of the United States.

SEC. 2. That it is the earnest desire of the State of Texas that said court shall advance said suit on its docket, and decide the same at as early a day as practicable.

SEC. 3. That this joint resolution shall be in force and take effect from its passage.

Approved March 13, 1871.