The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-08
legislature shall pass Ia

legislature shall pass Ia
unjust determinations, " !.
OF the words unjust" /
tnere might be such as VIII
the minds of the trainers Of
stltution. The Illinois
zion had the same
del cited a decision in SO
ports In case where road
90 cents to one point and onl
TO bloomington, a point furt
over the same road. The cla
the constitution of Illinois was
ical with this clause of the ~
constitution, and the supreme cou
of Illinois decided that the charge
the further point was discriminate
notwithstanding that il was a cor
peting point and therefore it was nj
essary charge less to compete W,
anothe ! Oint. He thought Il stran
that we should frame bill intendl
to prevent discrimination and vet al f.
hitting proviso in it that favors
Mr.. Foster, of Limestone, took III
position that the proviso legaliza
discrimination. Like other provisional
of the bill, it was put there to give its
advocates chance before the horse.
The gentleman from Dallas (Mr.
Cochran) should remember that IL Ia
two-edged sword that cuts both
ways. 1t specially exempts compet- |
ing points from the section fixina{
freight rates and, If adopted, the rail-
roads could, by agreement, not only
charge less rates at competing pointsy
but they could charge as high rates,a
they chose. If this provision b.
stricken out the law will remain as III
is, which Is fair enough to competitive
points. and against which there is no
complaint. Let it remain and the
small towns will be forced to pay for
the advantages enjoyed by competi-
tive points.
Mr.. Nash said that no man w
naturally disposed to vote against theI
interests of his section. Dallas hadI
paid about $4,000 to secure these.
lines at that city, and il would not bel
fair now TO take away the benefits
which had resulted to that city from
her liberality in securing them. y
would he like taking the capital frol
Austin. He contended that the d
elimination in the bill was not u
just, and that the constitution only
prohibited unjust determinations.
Mr.: Stagner argued that the section
us 1t Is in the bill legalized discrimina-
tons. lie could see no Just reason
why Luling, Seguin and San Marcos
should not have the benefit of pro-
lection under the spirit and operation
of the law as San Antonio has, where
by the latter city absorbs all the
wholesale trade of Importance to the
prejudice of the former places.
Mr.. Wurzbach argued that the pro-
viso was contradictory in terms. SO
far as he was concerned, the proviso
was beneficial to San Antonio, and he
wanted it to control all the trade she
could. But would it be just or fair
under the provisions of this section.
The principle of the whole section as
it is was wrong.
Mr.. Lakewood said this argument
had force in the committee, and
that the arguments on both sides
seemed tenable. He would oppose
the bill with this proviso struck out.
1t was the key mote to the whole bill.
1t might be discrimination and yet
not an unjust one. The remedy Is.
competition.
Mr.. Hill said that unless this provi-I
so is struck out the whole bill Isl
worthless. If you adopt that provisol
you must change the caption so as to
allow discrimination and extortion.
We are not here to legislate especial
ly for the interests of Dallas or any
other city.
Mr.. Durant agreed with Mr.. Halle
wood that the proviso was the keyf
note of the bill. 1t was the turning
point in the whole matter.
Pending consideration the house
adjourned till 3p. IN.
AFTERNOON SESSION.
Speaker Gibson and quorum pre-
sent.
Mr.. Fisher. chairman'of committees
reported house bill 20 and 49--the
first to amend article APO revised stat
utes, and the latter to ORGANIZED r 4
dicial districts. Duly enrolled
Mr.. Duff, acting chairman of COM
mittee on engroSsed bills, reported
Mr.. Kings bill to emancipate w. e.
Harper from minor disabilities. En-
crossed.
Mr.. Hill introduced bill to vail
date surveys of county school lands.
Referred.
BY Mr.. Camp: Remonstrance OF
citizens of Limestone county against
the creation of the county of Richsj
land. Referred.
Mr.. Frank: Petition of citizens of
Hood county against change of Judi
cial district. Referred.
Mr.. Frymier: Claim of Burnett q
Fitzpatrick for balance due them as
lessees of the state penitentiary. Re
ferred.
BY several members: Petitions on
prohibition. Referred.
BY Mr.. Odom: Petition for a new
judicial district Of Jones. TAYLOR.
Runnels, Tom Green, Nolan and
Howard counties. Referred.
Mr.. Wurzbach moved ms IL was 9th
of March, anniversary of the Alamo,
to take up the report of the commit
tee as to the purchase of the Alamo.
The house not suspending the rules.
the motion was withdrawn. The APP
preparation may be made in the gen
eral appropriation bill.
The house went into committee of
the whole MIR. WurZbach in the chair
to consider the general appropriation
bill. After discussion and various
amendments proposed for the Agri-
cultural and Mechanical college, most
OF which Il committee recommended
as proposed in Mr.. Ayers substitute.
the committee rose and asked to sits
again at 3 o'clock this evening. The
report Of the committee has yet TO be
adopted.
Gen. Por6ero Diaz and suite, hay
ing been conducted to the capitol,
were formally introduced to the house
by Speaker Gibson.
On motion, the house adjourned till
$3.50 a. IN. Wednesday morning.