The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-29
HOUSE OF REPRESENTATIVES,.

HOUSE OF REPRESENTATIVES,.
House met at 8 a. M, Speaker
Gibson and quorum present.
Prayer by the chaplain.
Mr.. Mcbride, under suspension OF
the pending business, called up house
bill No. 400, to amend the law relative
to waiver of process, by adding arti
Gle 1241 (a.) revised statutes, so as tC
provide as follows:
Acceptance of service and waiver
of process, provided for in article 1910
and entry of appearance in open court
us provided in article 1241, shall not
be authorized by the contract sued on
nor shall such acceptance or waiver
of SerN ice be made until after suit bt
brought, nor shall it operate to per
nit the trial of the cause at the tern
to which it is brought, unless Sucf
suit shall have been filed at least five
days before the beginning OF the tern
of court, exclusive of the day Of ser
vice and return, nor shall the power
to confess judgment be given, mol
shall such power be operative unit
after servicNr waiver of ,Seryics, a.
herein prOESTded; ind after appearance
entered.
The bill passed to engroSsment.
Mr.. Tucker of Anderson, excused
on account of sickness, was again in
his seat.
Mr.. Thompson of Bexar, having
sufficiently recovered from his severe
injuries to get about, visited the
house, but being still unable to re-
sumo his legislative duties, left in
company with his brother
Capt. Jefferson Thompson, on
a trip for the benefit OF
his health. He had already been eX-
cuSed indefinitely on account of his
injuries, caused by being thrown
from his buggy.
| THE RAILROAD BILL.
! The house resumed consideration of
the special order, known as the Glib
son substitute of the Chenoweth rail
road bill, the question being on the
substitute offered by Mr.. Hill on the
18th inst. for the. pending amend
ment of Mr.. Stagner, which last is as
| follows:
Amend section : in line % by strik-
ing out the word injured" and insert
in lieu thereof the words thus I'M
lawfully Disseminated against"
And for sections 3, 8, Z, 8, 8 and 10
of the Gibson substitute.
Speaker Gibson (Mr. Cochran being
in the chair spoke as follows:
| Mr.. Gibson said: l desire to address
myself for short time, not as much
to the pending substitute offered by
the gentleman from Polk, as to a re-
view of the circumstances which
brought about the substitute offered
by myself, and the motives which ac-
tuated me in the course which l have
seen proper to take.
Believing measure which did go
further than this could not be passed
by this house; believing that the fight
which had been made over the bill
which came from the committee had
disclosed the fact that a stronger
measure could not be passed at this
session; in preparing this substitute
it was my object to frame it so as to re-
ceiVe the support of the majority of
the members of this house, and thus
make a start at this session of the
direction of railroad legislation.
Some time has elapsed since the
vote on that subject was taken
and. we all know that considerable
feeling was manifested at that time
by members of the house upon both
sides of this question. Members have
had time to think and study over this
matter, and l believe that if there was
any great number of members of this
house who entertained the idea that
this substitute was injected at the
time it was, for the purpose of defeat.
ing not only the bill before the house
but legislation upon this subject at this
session, they have had thorough OPP
portunity since to investigate fol-
| themselves, and L am happy to be-
lieve that large majority of this
house to-day believe and accept the
statement that make, that the sub
stitute was offered in good faith, and
that twas not offered for the purpose
of killing the bill before the house
but because l had become satisfied
that vote upon engroSSment was
bound to result in the defeat of that
bill, withc ut anylsubstitute pending
l desire to say to the members OF
this house to day, that no man in
the broad limits of the state of Texas
was consulted in the preparation OF
| that substitute; and i desire especial
ly to say in all candor to the members
who labored earnestly for the bill re-
ported by the committee, that the
opposition to that bill were not
consulted by me in the prepare
ton of this substitute. / desire
to say to them further. and | ask
them to 90 to these opponents of theil
bill and ask for themselves and tind
out for themselves, that have never
since the bill came from the commit
tee, either before adoption of the sub
stiJute or since that time, canvassed
with the opposition in regard to the
course which should he taken upon
this measure.
l did not, after the introduction OF
the substitute, endeavor to make
friends for it before this house, and
since it was adopted. L have not ap-
preached a single member of this
house for the purpose of trying to in
fiuence him one way or the other upon
this question.
1t was placed before this house, be
lieving it was a fair compromise be.
tween the two elements in the house
and believed at the time that it was
introduced that it would be adopted
as there were quite large number OF
1 uPOA OAllO AlOO1 nAAO al Z IL
favor of railroad legislation but oppos-
ed to commission, who would unite
with the friends of the bill before the
house at that time in passing the sub
stitute. This was my object, and IdeSire
to state that it was introduced for this
purpose; this purpose alone.
wish here to refer to the fact that
quite number of gentlemen of the
house professed to believe at the time
this substitute was introduced-and
l give them credit with honestly
believing-that l had changed front
somewhat on this railroad question
1t seemed to be taken as matter fol
granted that Twas in favor OF
\ and would support the bill as
it came from the committee
Who thought that | was in favor Of
that commission bill? i desire tC
say upon this subject that at the spe-
cial session of the seventeen b legis
lature / stood upon the floor of the
house and opposed with all the power
and might / had the passage OF
the commission bill at that time
Members who were. with me in the
body will recollect it and the
speech / made against its passage
But although 1 labored earnestly
and faithfully at that time in favor OF