The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-08


probondi for habeas corpus on the
state.
Favorably on senate bill giving the
power to county commissioners court
to grant judges leave of absence for
30 days.
Favorably house bill to make it pc
nal, not exceeding $25, to catch fish
out of any private pond or enclosure.
Favorably on bill granting right Of
appeal by paupers.
Mr.. Parsons. for committee on
health, said he had no report to make,
but called attention to the fact that
the bill of Mr.. Benavides. making vac
cination compulsory. had been printed
without request of the committee.
The speaker ruled that this would
be so much less to be printed.
Mr.. Chenoweth asked reference 10
judiciary committee No. | of house
bill No. 293. requiring all railroads
having their final termini in Texas TO
build and MAINTAIN passenger and
freight depots and other necessary
buildings for transportation purposes.
Granted.
PENDING BUSINESS.
House concurrent resolution for sub
committee to visit the state schools
WAS read. and, on motion of Mr.. Nc
Kinney, the committee of conference
was appointed-Messrs. Mckinney,
Cochran and Elliott.
House bill No. 9with senate amend
ment, to protect the wool growing
interests in Texas, was read and the
amendments were COnCurred in.
House bill No. II, To repeal the act
granting certificates for 1880 acres OF
land TO soldiers permanently disabled
in the state and Confederate states
service, was passed.
THE RAILROAD BILL.
House bill No. 1856. rs passed 10 en-
grossment. the day before. came up on
its third reading and final passage; and
after discussion participated in by va
riOus members, was finally passed.
The vote on the final passage was
ayes 80. noes 81; absent or not voting,
10.
Mr.. Scott, in the course of the dis
cUssion on the bill, said he had no OPP
pOrtunity TO speak on the question
before and claimed it now. He argued
that the bill was discrimination in
the wrong direction in the face of
the constitution, which says taxation
shall be uniform. Referring to the
figures presented by Mr.. ChenOw eth,
as TO wagons and carriages: The comp
troller had made the mistake of giving
the assessment on wagons and Carri-
age, at $50, 0o6000 when it was only
So. 056,000.
Mr.. Chenoweth-The gentleman
SPOKE against the bill when he DelieY-
ed the figures by the cOmptrOller'S re-
port. He would have done so if the
returns had been S250,000,OOO.
Mr.. SCott-The western part of the
state is in need of railroads. He was
disposed to encourage their interests,
but not to legislate in the way the bill
proposed. 1t was not matter of
figures, but of right and justice to the
people as well as the railroads.
Mr.. Cravens said:
Mr.. Speaker-While 1 am satisfied
sir, that the members of this house
are now ready for vote upon the
pendirg bill, / beg your indulgen &c
| for a few moments, in order that !
| may present my views upon its lner-
| its, and record my reasons for voting
against its final passage.
In the first place, sir, 1 consider the
bill clearly unconstitutional, ana for
that reason alone would oppose its
becoming a law, were there not such
| other valid objections, as. | claim
against it.
l have the honor to represent in
| this body as honest and intelligent
a constituency as the gentleman
from Fannin, or any other member
of this house, and stand here, by my
vote, to give expression to their
wishes upon all legislation proposed
by this body; but, sir, do not propose
to register my vote in favor of a single
measure, nor do my constituents de-
sire it, that is clearly in the face OF
the organic law of our land. If we
would legislate safely and wisely let
US keep clearly within constitutional
bounds. Our constitution provides
that the rolling stock of railroads may
be assessed in the county in which the
principal Office of the railroad com
pany is situated, in contradistinction
to the general proposition that all
property shall be rendered for taxa
ton in the county in which it
is situated. / refer to section of ar
ticle of the state constitution.
Here a permissive declaration oc-
ours, which the railroad companies
have right to avail themselves of in
all rendition of property by them for
taxation, just so long as your con-
stitution remains unchanged; and all
the legislation against such right
which this house may pass is multi
ty, and our courts will so declare. II
is claimed by the friends of this bill
that if there is doubt as to its consti-
tutlonality, it should nevertheless
pass, and let the proper tribunal pass
upon its merits as law. | claim,
sir, that if the trainers OF
our organic law contemplated
any such assessment board or COM
mission of equalization as is
proposed by this bill, they would not
so forcibly have negatiYed any such
proposition by their specific declara-
tions as to whom, where and in what
manner the rendition of their rolling
stock for taxation by railroad compa-
ri Is should be made. Neither, sir,
would they SO clearly have declared
that the apportionment of the value
of the rolling stock throughout the
several counties of this state should
be made by the comptroller.
Again. sir, it is contended that the
use of the indefinite article a, in sec
ton Is. article 8, of our constitution,
in designating the county commits
Sioners court as "a" board of equaliza-
ton, carried with it the
implied power to establish other
boards of equalization, should their
want he felt Now IL IL oIaarlv
stated in our organizing law that
there shall be elected by the voters of
this state agovernor who shall be the
chief magistrate of our state. Do you
consider that the use of "a" here i'm
plies that you may by legislative en-
actment alone provide for the election
of two or more governors, whose du-
ties of Office shall be jointly dis
charged? No. sir. Just so long as
your constitution remains unchanged
you may elect governor and no
more, and by parity of reason you have
a constitutional board of equalization
in your county commissioners courts,
of your several counties, and cannot
create another board for similar du-
ties and with similar powers, without
first amending your constitution.
BY reference, gentlemen. to article
1857 of our revised statutes, where
provision is made for the assessment
of the rolling stock of railroads in the
several counties where their principal
offices are established, you will find a
marginal reference to section s, arti-
Gle of our constitution, which clear
ly sustains the proposition of the gen.
tlenen who DreDared Such law and