The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-02-18

Is the validity Of the grant Of honda.
In the conclusion Of nv argument on this
most important question, Mr.. Speaker,
have only this 70 say, that have appealed
20 no mans passion or his prejudlces, nor
do / endeaYoF to rnseat his judgment, Dat
to that Judgment calmly and dispasionately
would address my remarks. In my
judgment the people demand settle
ment Of this matter. Let rs, then, with
tbat mapliness that becomes Us, pro-
nounce our judgment upon l., forever
puttfno L at rest. Let rs seize the
beim Of this old ship Of State and steer her,
freiehted as she is with immortal dcstinies,
with stern, steady, unwaVefiDg hand up
on her career. Temporary relief from Pc
cuniaTy pressure viii be too dearly. bought
Gt the price Of the broken faith Of Texas.
and with unspeakallle carnestness would I
avert from her the bitter and disastrous ex-
periences Of Mississippi.
Iremember well, = year ago, when ap-
preached the Speakers stand and Justice
Lindsay administered to me the oath TO
support the Constitution aud the lars Of
this State. This charter, in my judgment,
is lac. have pledged my sacred honor
to support it, my self-respect as q man, as
Representative and for this measure now
before the House / shall record my vote,
and in all the scenes Of my after life,
amid souow, disappointments and dis
I couragcments, / will call to mind that vote
and be satisfied.
The House then adjourned. ~
y THUnsDkT, February II, 1878. 3
Roll called quorum present. -
The International Railroad compFomise
/ bill being the unfinished business OF the
day previous, 1t was taken up at once.
Mr. Farrar opened the discussion by re-
viewing the record of Mr. Simpson upon
the International Railroad question. He
read from the journals of the last session
that Mr.. Simpson had been active upon it
and had signed protest together with
himself and many Others against the bill
referring the question to the courts.
He asserted the uncoustitutionality of the
charter granted the international Railroad
company, and read great deal Of testi-
mony from the opinions of leading jurists
showing that State cannot tax apeople
except for public uses. He had produced
these opinions TO show that eminent jurists
maintained opposite opinions 60 those pro-
dueed by Mr.. Simpson. Under the Consti-
tuition and the charter it will take fifty
years to pay the principal and interest. The
bonds are TO be paid in thirty years, aud
according to his figures, with two per
cent. sinking fund, only SIXTY per cent. Of
the debt will be paid In that time. The
chaItersa authorizes the Comptroller 10 assess
and set aside certain revenue toward the
payment of the bonds, thus delegating to
said officer legislative power belonging
ughtfully TO another branch Of the govern
ment. The Constitution prescribes the
duties Of the Comptroller, and he is not
authorized TO levy a tax as proposed in the
act Incorporating this company. The char
/ ter further provides that when this money
is In the hands of the Comptroller, e shall
/ be at the disposal of the Goveruof, thereby
making the Governor the fiscal agent
! of the State, while the Constitution holds
the Treasurer responsible for all State
moneys. he regarded the bilt now before
the Legislature as an original one and he
claimed that its passage only fastened the
obligation, if it could BE termed one, more
fully upon the State He did not propose
TO appeal to sectional feeling or prejudice
there was no use in it, for he supposed that
| by this time every member of the House
had made up their minds as to how they
should vote He did not propose an APP
peal to anyone TO change views upon the
4 question, but it had been his desire TO show
that there was authority, which none ought
to disregard, for maintaining an opposite
view of the case. r ~
Dir. Simpson said he bad signed protest
at the last session of the Legislature against
referring the settlement Of the Interna-
tional Railroad question to the courts. He
had been opposed to the reference of this
matter to the courts; hewas still opposed
to such measure. He believed the court
would dismiss the case, as it had; aud he
had to say that the opinion of Jadge Ferris
could not be sustained, since the Supreme
Court of this State, with it's regular
bench. few days after his decision, over.
ruled it. There was evidence now upon the
floor of the House that he was at the time
\ he signed the protest in favor of s., 00o,-
600 compromise, and wanted such q bill
passed. And even IL he had changed bis
4 views, be was not one Of those who acOnsid.
cred themselves too wise to ever change
Mr.. German said he wanted tho question
of compromise referred to the people. The
Twelfth Legislature had imposed upon the
people of Texas, under q Constitution not
representing the genius of the people OF
this State. and regarding its expressions as
not rejecting their sentiments, he desired
to sec the people consulted. Therefore he
offered an amendment that the matter be
Y referred to them az the next general cleo,
ton. His amendment was tabled by a vote
i of TO 50. ~
Mr. Smith, of Grimes, thought il proper
to state the reasons for his position Tht
object of government is to protect the lifs
and property of its people. If q tax slew,
led for the International Railway it viii
virtually be destruction of private prop
erty. He believed that the amount the
State proposed to pay for the building oi
5 the road might be regarded rs good in.
yestment, but he did claim that the taking
of property for such q purpose is uncoBsti-
tutionRl. He read authorities in support
Of his views. He referred to the delega-
ton of power to the Comptroller 60 levy
the tax, but the bin now before the Legis-
lature proposes 60 cure tins error. He dis
liked to appeal 70 feeling. but he must
! say that the passage Of this bin would Gre
ate IT, ~
= Mr.. Stuart, OF Falls, proposed to amend
By inserting in the bin aclause requiring
tax collectors TO give receipts for the Inter.
national Railway tax, and that the Pr6si-
dent of the company be required 10 issue
\ upon delivery of chose receipts certificates
f OF stock in the company.
y Mr. Epperson moved TO lay on the table.
Carried byvotc Of ~ 70 s.. 1854
ItA%NNAAAtNA NAAANAANNAA@a ~
original bin to authorize the State to en-.
dorse the bonds Of the company, bearing
net more than six per cent. interest, 20 the
amounf OF 81, 600, and granting twenty
sections Of land per mile 70 the company.
This bin provides for the cnmpletion Of The
road from Jefferson 30 San Antonio within
two years. Il further provides for the CON.
Dany to give the State first MORTGAGE lien
I On allats road and franchises 10 secHFe the
State against any money which il might be
called upon to pay by reason of the In
dorsement.
Mv. Goodwin asked the gentleman from
Houston 60 state Il he had any assurance
that the road would accept such bill IS q
compromise He also desired the gentle
Rnn to state in what manner be proposed
the state 70 get q first mortgage lien,
when il is already well known thst first
and second mortgage lieas have hcen given
/ for about So, 600 per, mile on every mile 81