The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-15

substitute, he thought we could agre
upon something satisfactory.
Mr.. Nash offered an amendment t,
section of the Hill substitute, bu
withdrew it.
Mr.. Acker spoke, making one of hi
usually knightly and polished efforts
He would not again ask the attention
of the house but for the fact tha
there were points in the discussion OF
which he apprehended the minds Of
members were still not properly in
formed, questions on which, by hi:
experience in a profession to which
he had devoted lifetime of study anC
practice, he hoped to afford some in.
formation. As for himself, he did
not propose specially to follow the
banner of any one man as standard
but as for the Hon. Chas. r. Gibson
though his acquaintance with him
was limited, the position which that
gentleman held in the hearts and con-
tidence of the people warranted him
in saying that in presenting
his substitute he sought no
laurels for himself, and aimed
to pluck no feather from the fair pin
ions of the gentleman from Fannin.
AS to the substitute of the gentle
man from Polk, for whose talent and
experience in the same profession as
his own he had the highest admira-
ton. that gentleman in his argument
of last Saturday had stated as an I'M
anSWerable proposition what he
(Acker) considered did not require
answering, so far as this question be-
fore us was concerned. He referred to
the gentleman's remark that there
was no authority in the statutes for a
commission, and in answer cited arti-
cles 1926, 1896 and 4251, of the revised
statutes. In the one case the only
point involved was the appointment
of commission to determine about
the transportation of the United
States mail. The second was only as
to the question of joint compensation
between two railroad companies for
hauling each others cars. There was
no question as to continuing COM
mission involved.
Mr.. Acker spoke at great length,
quoting statistics in support of
his arguments, about the same
as cited by him when he discussed
the original bill. He cited article 4246
and others as intended to prevent
pooling.
(To Mr.. Chenoweth) AS a matter
of course there may be pooling in spite
of the law.
Mr.. Jones, of Henderson, spoke
earnestly, contending that every OBJ
iectionable feature had been elimi-
mated from the original bill (house
bill 225, the Chenoweth bilD by
amendments. They had left out the
feature as to the granting certain
powers to the commission, which was
objected to as unconstitutional The
proviso in section II as to cOmpeti-
tive points, which, it was argued,
legaliZed discrimination and was I'M
constitutional, no longer existed. As
to the rates in the bill, they were the
identical rates which the railroad
magnateS had accepted. How, then,
could they be unjust to the roads
By what subterfuge can gentlemen
avoid the conclusion that they were
Just and reasonable? As to the Glib
son substitute, it does not say that
roads shall not discriminate as to COM
petitive points. This question is left
open for the action of the railroad
and is not controlled
or attempted to be controlled
by the substitute of the gentle
man from Ellis. He combatted
the argument that the engineer pro-
vision was preferable to that of the
commission by stating that one of
the commission itself was to be an
and that an engineer could
81 lNa laIn hnr
and two com miSSiOnerS.
Mr.. Chenoweth said he thought
that further discussion would not
likely lead to a conclusion at this
time, so he would move to postpone
further consideration till next Mon
day, and that the house take up the
general appropriation bill.
The motion prevailing, the house
took up the appropriation bill, the
question being on the engroSSment Of
the bill.
The bill, as previously amended and
adopted in committee of the whole,
was read, after which the house adj
journed till 3 p. m.
AFTERNOON SESSION.
Speaker Gibson in the chair and
quorum present.
A petition was presented from the
citizens of Lavaca against the lease
of the penitentiarieS. Also sundry
petitions on prohibition. Referred.
BY Mr.. Fisher: Bill to amend the
stock laws. Referred.
Mr.. Tilson: Providing for a dis
trict attorney in the first, second,
third, fifth, seventh, ninth, twelfth,
eighteenth, twentieth,
twenty-fourth and
twenty-fifth judicial districts and
Galveston and Harris counties. Re
ferred.
The house resumed consideration of
the general appropriation bill.
In committee of the whole an ap-
of $4,000 was recon-
mended for support of the peniten-
tiary board, or so much thereof as
may be necessary, in the event the
lease system is not confirmed, and the
state resumes control of the peniten-
tiarieS.
The report of the committee was
adopted.
The bill was further amended by
the house as follows:
Salary of chief clerk of
state department $500 each
year, provided, however. that
only $500 shall be drawn, unless the
law fixing the salary is repealed.
The same amendment was applied
to the item of the salary of the chief
clerk of the treasury department.
Additional appropriations were
made:
GENERAL LAND OFFICE.
For corresponding clerk 81, 800
For bookkeeper .......... 100
For assistant bookkeeper ..... 1,2OO
For assistant clerk ........ LOCO
The item for the purchase of the
Southern Historical Society papers
was amended so as to require the
distribution of them among the
counties.
1884,. 1884 5.
For clerk of supreme
court, Austin. 49,. 5000 $500
For clerk of supreme
court, Tyler ...... 200 200
For clerk of supreme
court, Galveston. " 200 200
For salary of district
attorneys. ..... 1900 1900
Mr.. Woods, of Lavacca, moved to
strike out the appropriation of $1,000
for the portraits of the governors of
Texas.
The item was struck out by vote
of 45 to Sc.
Mr.. Tilson offered amendment to
strike out lines IL, etc., making ap-
preparation for the purchase OF the
Alamo, etc.
Mr.. Hazelwood argued, from
information he had gathered