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

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owing to the absence of a number of
members it is impossible to secure II
fair expression of the house on any
question; therefore,
Resolved, That all leaves of alb
sence extended beyond Thursday,
April 5, are revoked, and that the
sergeant-arms be instructed to tele-
graph absent members and request
their attendance after that date.
Adopted.
Mr.. Cochran in the chair.
THE RAILROAD BILL.
The house resumed consideration of
the regular order-the Gibson substi-
tute railroad bill, previously ordered
engrOSSed.
Mr.. Foster of Limestone, offered
proviSO to section Z, That nothing
herein shall be construed to repeal
article 1857 revised statutes, prescrib-
ing maximum rates and prohibiting
discrimination. Adopted.
By Mr.. ArmiStead: Tat said en-
gineer shall prepare and transmit to
the next legislature complete sched-
ule of passenger rates and claSsifica-
ton of freight charges of each rail-
road operating in this state, ETC.
Adopted.
Mr.. Upton, thinking the bill about
as good as it could he made, moved
the previous question. Lost by vote
of 81 to 43.
BY Mr.. PendletOn: ProviSO to sec
ton 10, That nothing in the section
shall be construed to deprive any citi-
zen of any remedy allowed by exist
ing law.
by Mr.. Foster of Limestone: Sub
stitute for the amendment, which Mr.
Pendleton accepted: Provided, that
nothing herein shall prevent any citi-
zen from bringing suit in his own
name against any railroad or trans
porUatiOn company, for discriminate
ing in passenger rates or freight
charges.
The amendment was adopted.
BY Mr.. Frank: Amend section 10,
line of the bill by adding, after
Encouragement" the words cor dis
trict or county attorney in the county
where such violation may be COM
mitted;" and making some verbal
changes in the section of minor i'm
pOrtance.
After some discussion the Frank
amendment, as t. the district or
county attorney; was lost.
BY Mr.. PendletOn: Add to section
10, provided further, that the penalty
prescribed by law for any Overcharge
shall not be recoverable unless the
party aggrieved shall within twenty
days give notice thereof in writing to
the railroad company or to the agent
demanding or receiving same, and
said company shall fail within thirty
days thereafter tOrefund to said party
aggrieved the amount of such over
charge"
The amendments, one or the other,
were more or less discussed by MesSrs.
Foster of Limestone, Frank, Armi-
stead, Upton, Pendleton, Mckinney,
Frymier, Nash, Patterson, Swan,
Patton, Stringer, Dennis, Hill, Durant
and Cravens.
By Mr.. Stringer: Amendment
striking out the words within twen-
ty days" from the amendment, which
Mr.. Pendleton accepted.
By Mr.. Townsend: Add to the
amendment, provided, it shall not be
necessary to give such notice when
such overcharges are wilfully made"
BY Mr.. Patton: Substitute for both
which he subsequently
withdrew.
The subject was further ably dis
cuSSed by Mr.. Foster. of GraySon.
Mr.. Townsend withdrew his amend
ment.
The Pendleton amendment was
adopted.
Speaker Gibson in the chair.
BY Mr.. Caven: Amend section o
by adding after ''25c" the words: Pro-
vided further, that in no case shall
children under ten years of age be
charged higher fare than &c per
mile. Adopted.
BY Mr.. Merriwether: Amend sec
tion 8: Provided further, that rail-
roads shall be required to keep their
ticket offices open half an hour prior
to the departure of trains, and in case
of failure shall not charge more than
&c per mile. Adopted.
Some minor verbal amendments by
Mr.. Frank were adopted.
Amendment by Mr.. Cotton to strike
out of section 2 the provision for free
transportation of the engineer was
lost.
Mr.. Camp moved the previous ques-
ton. Ordered.
Mr.. Frymier said he wanted to re-
consider to add amendment to prevent
free passes, but the question being on
the final passage of the bill he did not
make the motion.
The bill, which includes the emer-
nauQu oTonoo xuao finally r,aooad VI vo
vOce unanimously.
Mr.. Frymier moved as a settler of
the matter to reconsider the vote by
which the bill passed and to lay that
motion on the table. Carried
BILLS AND RESOLUTIONS.
BY Mr.. Randall: Bill with accom-
panying memoriaD to amend article
3I6. so as 10 prevent the carrying of
concealed weapons Referred
By Mr.. Nash: Resolution that the