The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-04-01
{ freight beyond reasonable time was re-

Of freight beyond reasonable time was re-
sumed.
Lahatt opposed the bill, believing that its
passage would encourage litigation, and
contended that the damages for delay as
provided in the bill were excessive and IN.
Just.
Stagner reviewed the progress and defeat
OF the Chenoweth railroad bill, and insisted
as the provlso preventing unjust discrimi.
nation IN that bill had been killed, he
thought that this little crnmb Of what had
oeen originally asked by the advocates Of
railroad legislation should be conceded by
the opposition.
Frank offered an amendment 10 Robert
sons amendment, making the penalty 10
per cent, per month ON the market value OF
freight wrongtully detained.
Etheridge said that there was but one
question involved in the bill, and that was,
shall or shall not these railroads be held
answerable TO the laws Of the state of Texas
Tor neglect OF duty; in other words, shall
any penalties be enforced. The roilroads
were, under the law, common carriers, and
they should be held responsible for neglect
OF duty, Just as any officer of the govern
ment ofthe United States.
Adems, of Trinity, said that this wa. u
bill which was OF especial interest to his
people that there We're a great many saw
mills IN his COUNT, and that during the
cotton season preference was given to that
staple instead of lumber, thus working a
great hardship TO the lumber men.
Patton's substitute tor the bill and the
amendments was adopted.
Foster, OF Grayscu, offered an amend
ment TO the substitute, providing that such
special damages shall not be allowed ex.
cept IN cases where the facts and circum-
s,ances are such as 70 entitle the party az,
grieved to special damages by and accord.
ing TO the rules of the common law.
Patton moved to lay the amendment on
the table.
The ayes and nays were called when il
was found that there was no quorum pres.
ent
Patton offered the following substitute
for the bill and peus,ing amendments: In
case OF the wiltul refusal by such corpora.
ton or their agents 80 to take and transpor,
any passenger or pipuerty, or the wiliul OF
Negligent failure u deliver the same OF
either OF them at tue regular time, such
corporation shall pay TO the party aggrieyed
all general and special damages which shall
be sustained thereby, with costs of suit
Hill said he had had some experience AS
to the workings of the law. To illustrate
a merchant in his town bought goods In
st. Louis with the intention OF meeting the
market in the fall. He heard nothing o
them, and, after moaths employed him tC
see II the goods coulo be found. They were
found TO have been side,tracked, and It wa.
six months before he got them. He con
ierred with Mr.. Fisher, attorney of Harris
and IL was found that tho measure of DANA
ges recoverable was simply the diilerenc,
between the price OF the goods at st. Loui
and the price which he received, which wal
simply nothing.
Etheridge offered resolution to III,
effect that, as the house had voted to revok,
the penltentiary leases and they should b,
successfully managed by the state, that th,
| present superintendent, though an honor
able man, having IN advance asserted til a
TO resume control would involve the stat
IN an enormous expense and create def
cheney in ner revouhes.
Resolved, Thas we believe the publ
good would be best subseryed by the ap
| polnment OF aole one else In hi,
stead who. is in sympathy will
the action OF the legislature I,
resuming control Of the state con
! victs, or at least some one who has not la
bored To prove such action failure,
The house adjourned until 9o'clock Mon
day morning.
cAPtrAL. gHR RlslCLNGs.
The Clay Count band and Stock com
pany, capital stock $4,000, filed charte
| to-day.
! The San Marcos Water company, capita
stock $4,000, filed fcharter this evening.
The suggestion thrown out by Senate
| Terrell this morqilg that all public land
be withdrawn tr'sll the market for tw
years has created Nrsensation among lan
men. There is strong disposition in th
Legislature TO adop, II, but II will hnrdl
prevail, as popular sentiment demands
| Just land law OF some kind.
The city polio are instructed b
see that all saloons and place
OF business ar closed Tomorrow
after . o'clock till O'Clock in the evening
in pursuance Of AN ordinance passed seyera
years aga. 1t is rumored that the mayo
and certain couuci taen will try and hay
the law repealed g. the very first meetln
OF the council. A fgood citizens earnestl
hope, II they expI - their true sentiments
that the law will b rigidly enforced
Knox Il Sweet, r:oprietors of the Siftings
were before the house committee appointe,
to investigate the lleged irregularities Ii
securing votes for the penltenuary lease
this evening, apd+asked further time Il
which, 1t is supposd, TO get the facts to
gether. II they Know anything about 10
purchase of votes they should, by al
means, let IL out An anxious publ
awaits developments.