CHAPTER XVII.

JOINT RESOLUTION REQUIRING TEE COMPTROLLER OF PUBLIC ACCOUNTS TO RE-TRANSFER TO THE STATE REVENUE ACCOUNT, THE SUM OF THIRTY-FIVE THOUSAND NINE HUNDRED AND FIFTY DOLLARS, AND FIVE CENTS HERETOFORE ERRONEOUSLY TRANSFERRED FROM SAID REVENUE ACCOUNT TO THE AVAILABLE SCHOOL FUND ACCOUNT.

WHEREAS, The Comptroller of Public Accounts did, at the close of the last fiscal year, to-wit: August 31, 1870, erroneously transfer from the State Revenue account to the Available School Fund account, the sum of thirty-five thousand nine hundred and fifty dollars and five cents; and

Whereas, Said sum does not properly belong to said school fund; therefore,

SECTION 1. Be it resolved by the Legislature of the State of Texas, That the Comptroller of Public Accounts be and he is hereby required to re-transfer said sum of thirty-five thousand nine hundred and fifty dollars and five cents from the Available School Fund account to the State Revenue account.

SEC. 2. That this resolution take effect from and after its passage.

Approved March 31, 1871.

CHAPTER XVIII.

JOINT RESOLUTION INSTRUCTING OUR SENATORS AND REQUESTING OUR MEMBERS IN CONGRESS TO URGE THE OPENING OF THE INDIAN COUNTRY NORTH OF TEXAS TO SETTLEMENT.

Be it resolved by the Senate and House of Representatives of the State of Texas, That our Senators in the Congress of the United States be instructed and our Representatives requested to use their united influence to secure by treaty, act of Congress or otherwise, the opening of the Indian country north of Texas to settlement; and to urge the early organization of a State or Territorial Government over the Territory now occupied by the Cherokee, Creek, Choctaw, Chickasaw and other friendly Indians.

Approved April 4, 1871.

CHAPTER XIX.

JOINT RESOLUTION ASKING THE CONGRESS OF THE UNITED STATES TO PASS AN ACT GIVING A PENSION TO THE WIDOW AND MINOR CHILDREN OF CAPTAIN WILLIAM W. MONTGOMERY.

WHEREAS, William W. Montgomery, a citizen of the county of Caldwell, and State of Texas, on the breaking out of the rebellion, was, through fear of violence on account of his loyalty to the Government of the United States, forced to leave his home and take refuge within the Federal lines; and

Whereas, The said William W. Montgomery, afterwards volunteered in the service of the United States, and was appointed Captain of Company .... in the First Regiment of Texas Cavalry;

and

Whereas, The said William W. Montgomery afterwards, to-wit: on or about the fifteenth day of March, A. D. 1863, while a Captain in the said First Regiment of Texas Cavalry, then in the service of the United States, and while in the line of duty was, by a band of rebels styling themselves Confederate soldiers, captured and hung; and

Whereas, The said William W. Montgomery left a widow, to-wit: Mary Ann Montgomery, whose maiden name was Mary Ann McKay, who is still alive and a citizen of said Caldwell county, and has remained a widow ever since the death of her said husband William W. Montgomery; and

Whereas, The said William W. Montgomery, at the time of his death, had six children under the age of sixteen years, the dates of whose births are as follows, to-wit: Francis Marion, September 12, 1847, Edward L., December 19. 1851, John Wesley, January 24, 1854, Mary Arn, April 17, 1856, Martha E., August 19, 1858, and Harriet S., March 3, 1861; therefore

Be it resolved by the Legislature of the State of Texas, That the Congress of the United States is earnestly petitioned to enact such measures as may be necessary to enable the said Mary Ann Montgomery, and her said minor children, to avail themselves of an act of Congress, approved July 14, 1862, and to obtain the pension provided for in said act.

Be it further resolved, That a copy of this preamble and resolution be transmitted to the President of the Senate and Speaker of the House of Representatives of the United States, and to each of the Senators and Representatives from this State in the Congress of

the United States, and that said Senators are hereby instructed, and said Representatives are earnestly requested, to use their most strenuous exertions to secure the legislation pointed out in this resolution.

Approved April 25, 1871.

CHAPTER XX.

JOINT RESOLUTION AUTHORIZING THE SECRETARY OF STATE TO PRESENT ONE WINCHESTER CARBINE TO EACH OF THE PERSONS WHO OVERTOOK AND KILLED FOUR OF A BAND OF HOSTILE INDIANS.

WHEREAS, A hostile band of savages had penetrated the settlements, killed one of our citizens and stolen a number of horses; and

Whereas, The following persons, to-wit: E. Phelan. J. K. Backers, E. M. Shelby, B. M. Gibson, M. Phillips, J. W. Harrington, D. E. Harrington, Wm. Morrison, J. M. Reams, R. Daniels and W. R. Haynes overtook and gallantly attacked and defeated the said band, killing four of their number and recovered the stolen property,

Be it resolved, That one Winchester carbine belonging to the State be presented by the State to each of the above-named persons, upon his depositing in the geological room of the Capitol his share of the trophies captured, and that the Secretary of State is hereby authorized to make the presentation herein provided for. Approved April 12, 1871.

CHAPTER XXI.

JOINT RESOLUTION AUTHORIZING AND REQUIRING THE GOVERNOR TO CALL A SPECIAL ELECTION TO FILL CERTAIN VACANCIES.

WHEREAS, By reason of the expiration of the term of office of our Representatives in the Forty-first Congress, the State of Texas is

unrepresented in the House of Representatives of the Congress of the United States; and

Whereas, Under the existing laws of this State, no general election can be held until November, A. D. 1872; therefore,

SEC. 1. Be it resolved by the Legislature of the State of Teras, That the Governor be, and he is hereby authorized and required to issue his proclamation for a special election to be held in the organized counties of each Congressional District in this State for Representatives to the Forty-second Congress of the United States; said election to commence on the first Tuesday after the first Monday in October, A. D. 1871, to continue four days, and to be conducted in conformity with the law providing for the mode and manner of conducting elections in this State.

SEC. 2. That this resolution take effect and be in force from and after its passage.

Approved May 2, 1871.

CHAPTER XXII.

JOINT RESOLUTION FOR THE RELIEF OF DAVIS COUNTY,

WHEREAS, During the late war all books, laws, etc., belonging to Davis county were lost and destroyed; therefore,

Be it resolved by the Legislature of the State of Texas, That the Secretary of State be and he is hereby authorized and directed to furnish said county with the usual supply of laws, books, etc., for the use of the officers of said county.

Passed May 2, 1871.

The foregoing joint resolution, received in the office of Secretary of State May eleven, 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.

མ

CHAPTER XXIII.

JOINT RESOLUTION AUTHORIZING THE SECRETARY OF STATE TO ISSUE TO THE GALVESTON MERCANTILE LIBRARY SETS OF PUBLIC DOCUMENTS OF THE STATE OF TEXAS.

WHEREAS, The Galveston Mercantile Library, organized under the enlightened liberality of the merchants and citizens of Galves ton, on the 13th September, 1870, is the only chartered library in the State; and

Whereas, There has been donated to said library by the citizens of Galveston very nearly two thousand (2000) volumes, comprising, in variety, works in every branch of literature and science, and has also obtained from the Federal Government full bound sets of all public documents since the 4th of March, 1861; therefore

Be it resolved by the Legislature of the State of Texas, That desirous of aiding in every feasible way literary institutions of the character mentioned, the Secretary of State be and is hereby authorized to issue to the Galveston Mercantile Library such complete sets of public documents of Texas as may be donated without injury to the arrangement of the State archives or library. Approved May 12, 1871.

CHAPTER XXIV.

JOINT RESOLUTION AUTHORIZING HIS EXCELLENCY THE GOVERNOR OF THE STATE TO DISPOSE OF THE "HOUSTON TAP AND BRAZORIA RAILROAD."

SECTION 1. Be it resolved by the Legislature of the State of Texas, That his Excellency, the Governor of the State, be, and he is hereby authorized to dispose of the "Houston Tap and Brazoria Railroad," now in possession of the State. The disposition of said road to be by public or private sale, upon such terms and to such parties as he may deem best for the security of the school fund of the tate; provided, that no sale or transfer shall be made to any parties until thirty days from the passage of this joint resolution, and not for less than the actual value of the iron on the track; and