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

stop the very wheels Of goyernment then,
siri I assert that the proposition IS start
iing one 10 republican institutions. y
Mr. Speaker, the gentleman from Harris
has assumed by The passage Of the art Of
April, 1874, by this Legislature, that TIE
state Of Texas has become released from
any liability on account OF sid original act.
That his position Is not sonnd, ] take IL,
Mr.. Speaker, that there is not lawyer
upon this floor no wonid hesitate 70 pro
nounce judgment against his position. The
bill passed by this body at It's last session
provided that If the Supreme Cou t, ron
the merits Of the case, would not decide in
favor OF the road, then the company would
take nothing by It's suit. The court sim; Y
refused to take Jurisdiction. The conGi-
ton precedent not having been complied
with, there can be no doubt upon the mind
OF any legal gentleman. who will calmly
consider this question. hat the act OF ApfiG
1874, is null and void. The company &C
cePted only upon the condition that the
court would decide upon Its merits, and
the issue must now be met fairly and
squareiy upon the charter Of A. d. 1870.
The question raised by the gentlemen
from Limestone and Grimes a. 10 the
amendment and change made in the original
charter in regard to the manner OF assessing
the tax is one of form rather thanof merit,
and so technical in its nature as to destroy
its force IS an objection with Constitution
which Is silent upon the great question
which IS to-day presented for our consider
alton. We must, in order TO determine
this question correctly, ascertain what the
rule OF construction is as established by the
highest tribunals of our land. 40 4
And now, Mr.. Speaker, without referring
to the particular cases, as they have hereto.
fore been referred to so frequently, Iunhes-
itatlngly state, without fear of successful
contradiction, that the current of decisions
and weight OF authority support the doc
trine OF the right of the Legislature to levy
tax to aid in the eonstFuetionof railroads.
And if, Mr.. Speaker, the reverse of this
proposition be true, this act does not
cure the constitutional defects of the
original charter, but the humblest citizen
within the limits of this broad domain nav
test the constitutionality of the law in the
courts of his country. BY the passage of
this bill we proposed to limit the risk of
the citizen to- three instead of six million.
And, Mr.. Speaker, call the attention of
the gentlemen from the frontier counties of
our State to the fact that we of the East. of
the South and of the West have bowed the
industry of our sections and paid tribute to
the projections of your property, the lives
of yourselves, your women, and your chill
dren. We have not murmured. But YOU,
to-day, in one solid phalanx oppose the
passage of this measure, because you say it
takes your property, and gives to another,
without compensation to you. In the same
language, ask of you what compensation
we have received from the enormous appro-
prIations We have been taxed to pay to pro-
tect you and yours. s1 4
Admitting the railroad company to be
a private corporation, the principle of law
that would make my property responsible
for your protection would render yours re-
sponsible for purposes Of internal improve
ment. And l say, to you of the frontier,
that the surest bulwark behind which to
place your women and children is te build
railroad through your country and FIJI it
with immigrants to settle up your waste
lands. Nothing but railroad will give US
population. You must see that II the
State of Texas attempts to furnish ade-
quste protection to her frontier, that she
would be q hopeless bankrupt within five
years. Gentlemen should consider this
question seriously and calmly.
Mr.. Speaker, the interests of our great
State are diversified the legislation which
applies to one section is not applicable to
another. We pass measures for the benefit
of the Moth and South, and we of the
East and West ask you that liberality which
we have have extended you. Meet US fairly
upon this floor and pass this measure, and
Texas will be forever indissolubly bound,
not only by bands of iron, but by bands of
eternal love.
The future and prosperity Of Texas is as
dear to me as any sou who lives within her
borders. want to see our fair State grow
rich In commercial and agricultural wealth.
l want 10 see her with her honor unstained
and unsullied; want to see her rocked in
the cradle of civil and religious liberty; /
want to sec our Lone Star State the bright
est in the galaxy of the nation.
Mr.. Speaker, / regret exceedingly that /
differ upon this question with many of my
distinguished Neutrality-suspicious. for whose
integrity and ability I have the highest APP
probation. Which of US have been right
the future and prosperity of Texas must
tell
Mr. Speaker, believing it to be promotive
of the best interests of Texas, shall re-
cord my vote in favor Of this measure.
He was followed by BIr. Goodwin, of
Brazos, who advocated the passage Of the
compromise bill now pending, and in reply
to the statement made by its opponents,
said that they had appealed to the
House in behalf of the hard and brawny
handed yeomanry of the county, who
earned their scanty mite by incessant toll !;
and that he too joined them in lasting APP
peal in behalf Of these men and the OPP
pressed taxpayers of the State, and urged
that the Legislature do not by its vote i'm
pose on them debt of Sc, 900, 600, when
the same could now be amicably settled for
So, 900, 900; that he was bitterly opposed to
all money subsidies; that under no circum-
stances would he vote one dollar of the
peoples money away to benefit any soulless
corporation that existed on earth, but that
he and the best lawyers in the State re-
garded the law of 1870 donating Sc, 600, 900
in bonds to the company as constitutional,
and, believing such to be the case, Justice
to the people, and not friendship to the
road, demanded of him that they should
pay the least possible amount, If any.
That if the first act was unconstitutional,
the pending bill viii also be unconstitu-
tional, and can be tested through the
courts, If necessary, and when so tested, If
decided to be within the puryieR Of the
Constitution, $4,000, 900 will be saved to
the people of Texas by the release filed by
the International Railroad Company. 2
He referred to the remarks of gentlemen
who said that oil Austin we're out lobbying,
and that the ladies tried to lobby the mat
ter through the Legislature, and said no
one had lobbied with him, that no would
suffer his arm to fall paralyzed by his side
bofora ha yVOi1ld cast n rpdacfiou on the
fair and generous ladies Of his State capital
he appealed to the House in behalf Of the
taxpayers, in behalf OF law, Of justice and
of progress and State pride and develop
ments TO compromise and settle this matter
now and take It out Of the politics Of the
country.
He closed by calling the attention of the
House to his bill setting apart 4, 73C, 900
Of the best public domain and authorizing
the Governor to sell the same to pay the
DrinciDai and interest due on the honda