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

the Gibson bill. Mr.. Hills amend
ment is virtually a substitute for tn
Gibson bill, and is substantially a re
embodiment of the original bill of tn
committee, with the commission fea
ture substituted by the engineer pro
vision of the Gibson bill. For cOnve
nience to distinguish them, we shall
designate them respectively as tn
Chenoweth bill. the Gibson substitute,
and the Hill substitute.
Mr.. Wurzbach in the chair.
Mr.. Stagner withdrew his amend
ment.
Mr.. Camp asked that rule 80, tina
''none but members of the senate, Off
GERS of the state and general govern
ment and heads of departments b,
admitted in the bar of the house" b,
enforced.
The question then required on thu
substitute of Mr.. Hill, who spoke il
its support.
Mr.. Hill, of Polk, said:
Mr.. Speaker, those opposed to rail
road legislation have shown DISPOSE
ton to throttle all amendments tC
the substitute of the gentleman from
Ellis (Mr. Gibson), by attempting to
table my amendment before the clerk
could read the same, and, when read,
then attempting to table my substi-
tute without allowing me to be heard
on this floor. This shows that gentle
men mean when they say are in favor
of reasonable legislation as to rail
roads" l say to them, your action
this day as to my substitute is not the
kind we extended you on last Satur-
day, when the Gibson substitute was
offered. | am proud to say we did
not move to table it.
Sir, the honorable committee on in
ternal Improvements certainly should
be treated decently, at least. L am
not one thereof. That committee la
bored here faithfully for weeks in
gathering testimony from all parts of
the state that we might act advisedly
in voting on this important subject.
That committee presented bill to
this house, which l could not vote for
as reported, and if the Gibson substi-
tute had been presented in limine, |
would have voted to adopt it as a
basis upon which to build, as then
believed the committee would fight
for their bill inch by inch, and never
allow an amendment to be engrafted
thereon that could be in any way pre-
vented. But in this 1 was greatly in
error, for, sir, that committee and
their accomplished chairman (Mr.
Chenoweth) met us on half way
ground, and for six days we pruned
their bill and engrafted new provi-
sions on it until on last Saturday,
when the bill was made perfect by this
house. Then, and not till then, did this
Gibson substitute make its appearance.
Sir, had the substitute been withheld
an hour later this house, by decided
majority, would have engrossed the
house bill. ! call it "houSe bill' be-
cause we eliminated about forty
pages of the committee bill and took
from it as conceive its vices and eX-
tremes. This certainly was the idea
of the house, if we can judge from
votes on amendments to the bill.
l have taken the bill which we
amended for week to perfect, have
transposed it so as to conform to the
idea of those who desire only a site
engineer, as shown in the Gibson sub
Stitute, and now offer it as it came
from house amended, as a substitute
for all of the Gibson substitute after
section 4. The Gibson substitute is
a shell-a sounding brass-nOthing
more. 1t promises grand re-
suits, but has no power
to accomplish anything except
it be to do nothing-Only this. Pool.
ing not forbidden-no penalties to
prevent discrimination and over
charges not now on our statute. By
section 3 the engineer may" report
to the attorney general when the
roads are not kept in order, and then
that officer ''may" proceed to ''inveSti-
gate" land enforce penalty for dere-
LECTION according to existing stat
uteS." Section re-enactS article 1858
revised statutes as to $500 penalty for
overcharge and discrimina-
ton without giving the power to en-
force 1T except by individual suits.
We know from experience individuals
only in exceptional cases can cope with
railroads. The substitute offer gives
right of action both to aggrieved
party and the state-both against the
company, and against its agents and
and without extreme pen
atty of original bill,
By the Gibson substitute the attOr-
ney general must bring suits for all
parties damaged in the state, ito re-
cover the penalties prescribed by
law" when none are prescribed, eX-
cept the article to which l have re-
ferred. The substitute / offer gives
a remedy where we live and not
all at this city; provides penalty of
ten per cent per month for detention
of freight beyond a reasonable time
in transitu. IL provides against pool
ing and discrimination; requires
roads to be kept in safe condition
without placing them in the hands of
an engineer; requires freight shipped
as received. The engineer has no ex-
treme powers. He cannot issue at
for witnesses, but the
court must do this. We are told wit
nesses should not be paid when sub
penaed. Yes, these railroad men
would have the state bring witnesses
hundreds of miles from home on state
writs and spend their cash for state
benefit. This is maudlin philosophy,
good for the state, but the devil on
Sir, no one has attempted to answer
the arguments presented against this
sham" There is no way to defend it
if we mean to give the people what
they demand of US. When members
tell me they want no railroad legisla-
ton can understand them; but when
they say they are in favor of treason
able legislation" and then vote
against every bill and amendment
that has enough animation to rise to
the dignity of a law and not "sham, !"
l confess l cannot comprehend how
their expressions and votes can be
harmonized.
Sometimes in life, in an unguarded
moment, we act in such manner as
to cause much regret and heart burn.
ings. Sir, it seems to me that this
substitute was presented at the wrong
time, and coming from so high and
honorable a source it has blasted all
hopes in many who believed the will
of the people would be respected by
this body. We are told of "good in
tentions." Sir, no man respects its
author more than /. He is pure and
above reproach, and would not if
could cast blot on the fair name OF
any member of this house; but, sir
the road to hell is paved with good
intentions.
The people must control the rail
roads or be controlled by them
There is no middle ground. New
York state could not get &
law to govern her railways
until Peter Cooper published the rec
ord of members fully showing with
whom they associated at the capitol
and how they voted or "dodged." Let
the same be done here and the people