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provided further, that the Governor may give the citizens residing on said road, or tributary to it, the preference of buying said road, so that the rails of said road may not be removed from the track of said road, as at present located.

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

Approved May 18, 1871.

CHAPTER XXV.

JOINT RESOLUTION IN RELATION TO PAYMENT OF SALARIES OF DIS

TRICT JUDGES.

WHEREAS, The Comptroller of the State of Texas has expressed doubts as to his authority to audit the claims, and the Treasurer to pay the salaries due the district jud yes, for any part of the month of July and the whole of the month of August, 1870, and

Whereas, The Legislature has hitherto made no appropriation for the payment of such salaries prior to the first of September, 1870 ; therefore,

SECTION 1. Be it resolved by the Legislature of the State of Teras, That the Comptroller of the State is hereby authorized and required to audit the claims, and the Treasurer to pay to the district jurges of the State, such amounts as may be due them from the date of their qualification as judges of their respective districts up to the first day of September, 1870; the same to be paid out of the appropriation made by the Commanding Officer, Fifth Military District, for the salaries of district judges for the year 1870, or if that be insufficient then out of any moneys in the State Treasury otherwise unappropriated.

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

Approved May 18, 1871.

CHAPTER XXVI.

JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION SIX OF

ARTICLE TEN OF THE CONSTITUTION OF THE STATE OF TEXAS.

Be it Resolved by the Legislature of the State of Texas, That section six of article ten of the Constitution of the State of Texas be so amended as hereafter to read and be as follows:

“Section 6. The Legislature shall not hereafter grant lands, except for purposes of internal improvement, to any persen or persons, nor shall any certificate for land be sold at the Land Office except to actual settlers upon the same, and in lots not exceeding one hundred and sixty acres; pro:ided, that the Legislature sball not grant out of the public domain more than twenty sections of land for each mile of completed work in aid of the construction of which land may be granted; and provided further, that nothing in the foregoing proviso shall affect any rights granted or secured by laws passed prior to the final adoption of this amendment.”

Passed May 17, 1871.

The foregoing joint resolution, received in the office of Secretary of State May twenty-five, one thousand eight hundred and seventyone, 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, bas become a law without his approval.

JAMES P. NEWCOMB,

Secretary of State.

CHAPTER XXVII

SENATE JOINT RESOLUTION INSTRUCTING OUR SENATORS AND REP

QUESTING 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 NATY OF THE UNITED STATES IN THE SAME RANK HELD BY HIM IN THE TEXAS NAVY AT THR) DATE OF ANNEXATION.

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WHEREAS, The Legislature of the State of Texas did, in the" year 1857, and also in the year 1860, after full and complete in vestigation of the premises, commend and indonse the services and labors of Commodore John G. Tod, as entitling him to a continda tion of his rank and pay in the navy of the United States, and did request the same as a souvenir of the naval interest of Texas in that great event; and

Whereas, Commodore Tod remains the only survivor of the Texas navy transferred to the United States upon annexation (he baving remained some months in the United States service during the "Mexican war," and performed important services and functions in the operations against Mexico) who did not relinquish his claim to rank and pay by receiving any indemnity in lieu thereof from the United States, and whose devotion to the Republic during ber days of darkness and danger had obtained for him from the Congress of the Republic of Texas the plaudit of " Well done, thou good and faithful servant ;” now, therefore,

SECTION 1. Be it resolved by the Legislature of the State of Teras, That our Senators in Congress be instructed and our Representatives requested to use their influence in the passage of such an act by the United States Congress as shall incorporate the name of Commudere Jobn G. Tod in the navy of the United States, in the same rank held by him in the Texas navy at the date of annexation.

SEC. 2. That the Governor of Texas be requested to cause copies of these resolutions to be forwarded to the President of the United States, and to each of the Senators and Representatives of Texas in the United States Congress.

Approved May 24, 1871.

CHAPTER XXVIII.

JOINT RESOLUTION AUTHORIZING THE GOVERNOR OF THE STATE TO

INVITE THE HONORABLE HORACE GREELEY TO VISIT THE CAPITAL OF THE STATE.

WHEREAS, The Honorable Horace Greeley, of New York, has consented to be present at the State Fair, 20 be held at the city of Houston ; therefore,

Be it resolved by the Legislature of the State of Texas, That his Excellency, the Governor, be and he is hereby requested and empowered to invite Mr. Greeley to visit Austin, the Capital, as the guest of the State. Said invitation to be expressed and conveyed in such terms and manner as the Governor may deem befitting tho eminent character and distinguished public services of the honored guest.

Approved May 24, 1871.

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DEPARTMENT OF STATE. I, JAMES P. NEWCOMB, Secretary of State of the State of Texas, certify that the Acts and Joint Resolutions contained in this volume (except as explained in notes on page one hundred and six: the word "effect” left out after “give" and before " to” in the caption to chapter fifty-five, on page sixty; the figures * 1871" for “ 1870” in caption to chapter forty-three, on page thirty-six; and the certificates appended to Joint Resolutions on pages 147, 157 and 160, which should be omitted,) are true copies, taken from the originals in the Department of State, with which they have been carefully compared.

Ånd I further certify that this session of the Legislature of said State commenced at the city of Austin on Tuesday, the tenth day of January, in the year of our Lord one thousand eight hundred and seventy-one, and adjourned on Wednesday, the thirty-first day of May, in the year of our Lord one thousand eight hundred and seventy-one.

In testimony whereof I have hereunto signed my name and

have caused the seal of the Department of State to be (L. S.] affixed at the city of Austin, this first day of August, in

the year of our Lord one thousand eight hundred and seventy-one.

JAMES P. NEWCOMB,

Secretary of State.

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