The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-08

ment, the senate adjourned till $3.50
a. IN. Wednesday, Mr.. Martin having
the floor.
HOUSE OF REPRESENTATIVES,.
House met at appointed hour,
Speaker Gibson and a quorum present.
Prayer by the chaplain.
Reading of the journal was dis
pensed with.
Messrs. Browning and Hurst and Mr.
Smith, of Travis, were excused from
indefinitely on account of
sickness in their families. Mr.. Town
send was excused till this morning on
account of important business, and
Mr.. Etheridge, for like reason, till
Thursday.
Mr.. Kendall asked for a suspension
of the rules to take up the report of
the special committee under his reso-
luton of inquiry as to whether
the spirit and letter of the
law limiting purchases of school
lands has been violated. The
report Of the committee was received
and Mr.. Kendall presented bill in
point to make void all sales of such
lands made in conformation of the
law of 1879, amended by act of April
=, 1881. The bill was made the special
order for Wednesday at 10 a. m.
Mr.. Burns, under suspension of the
rules, called up substitute for house
bill No. 22S, to amend article 2403 of
the revised statutes, relative to COM
missions allowed county treasurers.
The bill provides that where the
commissions amount to less than $500
county commissioners may increase
the per cent to such extent as will
secure this amount per annum.
The bill under further suspension
of the rules finally passed with slight
amendment.
THE RAILROAD BILL.
The house resumed consideration of
house bill %. the railroad bill, as the
pending business from adjournment.
The bill has been published.
The first section having been
adopted the day previous, the ques-
ton before the house was section 2,
which was adopted without amend
ment.
Section 3. similarly adopted.
Section 4, amended by Mr.. Foster,
of Limestone, so as to require the
clerk of the commission ito subscribe
to prescribed oath that he is not in
terested in railroads in any way, and
to give bond of 5000, and, as thus
amended, adopted.
Sec. 5. Substitute offered by Mr..
Frank adopted, as follows: THAT
said commissioners shall carefully ex-
anime and inspect all lines of railroad,
freight and transportation COM
panieS in this state, and shall keep
themselves fully informed as to the
condition of such companies, their
railways, bridges, culverts. embank-
ments, tracks or other structures. and
the manner in which such railroad,
freight or other transportation COM
panies or lines are operated with ref
erence to the security, convenience
and rights of the public, and shall in
form themselN es as to the compliance
ON the part of such railroad, freight
or transportation companies with all
the provisions of the several charters
of the said companies, and with the
laws Of this state; provided, that
nothing herein provided for shall in
any way exempt or excuse such rail-
road, freight or transportation compa-
mics from any of the liabilities or pen
alties of the laws of this state for neg
lect Of any of their said duties, by
virtue of the action of sucR commits
sioners."
Sec. 6. Adopted with slight amend
ment proposed by Mr.. Ayres.
Sec. Z. As amended by the commit
tee and further amended by Mr.. Frank
was adopted. Mr.. Franks amend
ment reduces the penalty prescribed
in the section from $1,000 to $500. A
large portion of the section is struck
out by the committee.
Sec. s. Amended by Mr.. Tay-
Tor by striking out the
words provided, that in no case
suits brought under this section
shall be brought within twelve
after the commission of the
alleged offense or wrong" This is one
of the features to which Mr.. Acker
had objected.
Mr.. Upton proposed to strike out
section 10.
Mr.. Hill offered a substitute for the
section, which he said was the same
as the Georgia law.
Mr.. Chenoweth said the section of
the bill was the same as the Missouri
law. He was willing to accept the
Mr.. Frank, referring to first section
of article of the constitution rela-
tive to the judiciary department,
argued that the constitutional objec-
tions raised to this section as to Judi
cial powers in the commission were
not well taken. He had no objec-
tons to Mr.. Hills.
Sec. 10. Substitute offered by Mr..
Hill was adopted as follows: That
said railroad commission in making
any examination for the purpose OF
information pursuant to
this act shall have power to issue
subpenas for the attendance of wit
nesses by such rules as they may pre-
scribe. And said witnesses shall re-
ceive for such attendance 81 per day
and three cents per mile travelled by
the nearest practicable route in going
to and returning from the place Of
meeting of said commissioners, to be
paid by the governor upon
present ltion of subpenas sworn to by
the witnesses as to the number Of
days served and miles travelled, before
the clerk of said commissions, who
is hereby authorized to administer
Oaths. In case any one shall willfully
fail or refuse to obey such subpoena,
Or subpoena duceS tecum, it shall be
the duty Of the county or district
Judge OF any county upon application
Of said commissioners to issue, or cause
to be issued. an attachment for such
witness and compel him to attend
with books or papers if necessary, be-
Tore the commissioners and give his
testimony upon such matters as shall
be lawfully required by such commits
and said court shall have
power to punish for contempt as in
other cases of refusal to obey the
process and order of such court.
: SectionIl1 was stricken out entirely.
n conformity with the previous
changes in the bill.
Section IL gave rise to same discus
zion on the proviso, affecting COMPETE
i've points-that "at railroad stations
n this state, where two or more rail-
.oads under different and district or
intersect, either road may
tx its charges to and from said sta
ion without reference 10 their sched-
lie of charges on the balance of their
oad."
The discussion arose on the prop
,sition Of Mr.. Stagner to strike out
his proviso.
Mr.. Cochran argued that TO strike it
'ut would destroy competition so that
ne road would be enabled TO destroy