The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-04-05

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cited "a case in point TO illustrate his
argument. Mr.. Jones, as usual with
him. argued his position with logical
precision and effect.
Mr.. Taylor, interrupting Mr.. Jones.
said he differed with him as 20 the
effect of the law, even such case as
the gentleman had cited. The law,
he contended, provided for all such
special, as well as general, damages.
Mr.. Robinson, of Jack, offered an
amendment to strike out 10 cents in
line 10 of the printed bill providing
special damages) and insert one cent,
and adding provisO that the article
shall not apply when the road has not
sufficient rolling stock to transport
the freight.
Mr.. Patton spoke in favor Of the
bill as a good one.
Mr.. Robinson spoke in favor of his
amendment.
Pending further consideration the
house adjourned till 3 p. IN.
AFTERNOON SESSION.
Speaker Gibson and quorum pres
ent.
Mr.. Robinson resumed his argu-
ment from the morning session, IN
support of his amendment to the bill
to make railroads responsible for
special damages. He cited as case
in poiRt the decision of the court In
the case of Mr.. Glendy Burke, for
merly of New Orleans, now of Aus
tin, who shipped "a car load of furnl-
ture and pictures from New Orleans
to Austin as fourth class freight and
obtained judgment against the Texas
Central railroad for about S1S,OOO.
Mr.. Labatt opposed the bill as cal
culated to encourage merely useless
and vexatious litigation, seeking for
excessive damages.
Mr.. Stagner spoke in favor of the
bill AS an illustration, among others,
to show the effects of. railroads being
responsible for merely actual dam
ages, supposed a shipment of ice from
st. Louis to Austin, which might be
very valuable in Austin if delivered
in time, but for which the owner If
confined to mere actual damages
would recover mere tritle.
Mr.. Frank offered amendment to
the amendment to strike out 10 per
cent us the amount fixed for special
damages and insert 10 per cent. If
the railroads, he said, are oppressive,
the should be restricted; if they are
not, they should not object to this
provision.
Mr.. Ethrridge spoke in favor of the
bill. 1t inflicted no hardship. There
was no peh2lty proposed that could
be inflicted unless there was wlllflu
default.
Mr.. Adams spoke at length giving
his experience in calculation of the
matter in shipping lumber, which
was held to give preference to ship
mentS of cotton, and very often to the
prejudice of his interests. He hoped
the original bill would pass.
Mr.. Patton offered Il substitute for
the bill and amendments, as follows:
In case of the willful refusal by such
corporations or the agents so to take
and transport any passenger or prop
erty, or the willtul or negligent fail
ure to deliver the same, or either of
them. at the regular or appointed
time, such corporation shall pay to
the party aggrieved all general and
special damages which shall be sus-
tanned thereby, with costs of suit.
Mr.. Hill said he had some expert
ence rs to the operations of the law.
To illustrate, Il merchant in his town
bought goods in st. Louis, with the
intention of meeting the market
in the fail. lie heard nothing of them,
and after five months employed him
to see if the goods could be found.
They were found to have been side
tracked, and it was six months before
he got them He (HilD conferred with
Mr.. Fisher, an attorney of Harris
county, and it was found that the
measure of damages recoverable was
simply the difference between the
price of the goods at st. Louis and
the price paid when received, which
was simply 50. So in other eases
which he cited. where the differences
happened to be nominal or nothing.
lie referred to Sedgwick, page 81, on
the subject of damages. The railroads
had no right to sidetrack goods or
suffer them &C. be sidetracked, and
then say To the owner, we owe you
nothing, because there happens to be
no difference i'll the prices where
shipped and where destined.
Mr.. Foster, of GraysOn, offered an
amendment To the substitute and
spoke in support of his proposition as
follows: Amend by adding to the |
substitute But such special damage |
shall not be allowed except in cases |
when the facts and circumstances are |
such as to entitle the party aggrieved |
to special damages by and according |
to the rules of the common law"
The Patton substitute was adopted |
by viva voce vote.
Mr.. Etheridge offered resolution |
to the effect that as the house had |
voted to revoke the penitentiary leases, |
and they should be successfully man. |
aged by the state, that the present |
though an honorable |
and patriotic citizen, having in ad- |
vance asserted "that to resume control |
would involve the state in enormous |
expense and create deficiency in the |
state revenues" and that us it was |
but human nature to have predictions |
verified; therefore.
Resolved, That we believe the |
public good would be best subserved |
by the appointment of some one else |
in his stead who is in sympathy with |
the action of this legiS-
lature in resuming control |
of the state convicts; or at least some |
one who has not labored to prove |
such action failure.
The resolution was read, and, on |
motion of Mr.. Frymier. was referred
viva voce to the committee on peni- |
tentiaries.
Pending a vote on the adoption of |
the Foster amendment to the Patton |
there being no quorum,
the house adjourned till 8 Il. NJ,
Monday.
Mr.. McGarity's amendment, which |
was adopted. to the game law, when
acted on by the house few days ago,
exempted his county (Gonzales) from
the provisions of articles 426, 1865, |
427 and 1923 of the penal code.l
Seyentieth DAYS Proceedings.