The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-08
HOUSE OF REPRESENTATIVES,

AdjOurnedtill Thursday.
HOUSE OF REPRESENTATIVES.
House met at 10 a. M, Speaker Glib
son and quorum present.
Prayer by chaplain,
Reading of journal dispensed with.
On motion of Mr.. Labatt the read
ing of reports of committees was sus-
pended, and reports from various COM
mittees were presented accordingly
without being read.
The report of committee on contin-
gent expenses, Mr.. Frymier chairman,
was read. 1t reported auditing of
claims of various newspapers amount
ing to $6l4.80.
On motion of Mr.. Labatt the report
of the committee on privileges and
elections was adopted. The commit
tee reported that there was nothing
before them but notice of protest and
answer in the case of Hickey VS.. Duff,
and recommended that the case be dis
missed.
For various reasons stated, princi-
pally business and sickness, MeSsrs.
Patton, Robinson of Bastrop, Cham
berS of Collin, and Steel and Wilson
were excused from attendance.
Speaker Gibson stated he had tele-
gram from Senators Coke and MaXey
at Washington. that they had laid the
complaint of the house about the nom
distribution of papers of members
from the Austin pOstoflice before AS
sistant Postmaster General Hatton,
and that that officer had promised to
comply with the request.
Also, Il communication from the
citizens of Lee county in reference to
county boundaries. Referred.
THE RAILROAD BILL.
House bill No. l56, introduced by
Alr. Chenoweth, chairman of the COM
mittee on internal improvements, be
ing the pending business from the
previous day, was taken up. The title
of the bill is: An act to create a
board for the assessment and equali-
Zation of railroad rolling stock and
other movable property of railroad
companies in this state"
The immediate question being upon
the amendments proposed by Mr.. Tay-
lOr, of Red River, Mr.. Taylor with
| drew his amendments and offered
others.
Mr.. Taylor said these amendments
were intended to more fully cover
the constitutional objections made
to the bill, which he would
endeavor to explain. The two
sections of the constitution which
were assumed to be in conflict
with the provisions of the bill were
sections and Is of article 8-all de
pended on the application of well
known rules of Interpretation as to
these two sections, as to whether they
prohibited the legislature from acting
in the manner which the bill proposed.
1t was simple question as to how
the rolling stock and other movable
| property of railroads should be assess
ed, whether where the principal offices
of the railroads are or ut some other
! place and in some other manner than
as prescribed by the existing law. The
terms of the constitution in referring
to the creation of board of equaliZa-
ton were, he argued, not preclusive
of other boards for such purposes as
the bill contemplated. If otherwise
the law would have provided for a
board rs the board for such purposes,
and would be conclusive. 1t would
then imply the only way by which the
equalization could be effected. The
bill provides that the board shall
equaliZe the property, while under the
law the comptroller apportions the
property to the counties. Under the
constitution it may be made in the
county where the principal Office is
located.
| One Of the amendments is to strike
| out the word comptroller in line B.
section 3, of the bill and insert the
assessor of the county where the
principal Office is. Under that amend
ment the assessment is to be made by
the board salready provided for, in
stead of making it the duty of the
board rs it is now in the bill. The
board, however, shall make the in
quiry required. This he argued met
the objection to the cOnstitutionality
of the measure. But his amendment
went further, and he contended cures
other defects in the bill. As to sec
ton 18, it was not intended, he said
to preclude other boards of equaliza
tiOn. 1t says board, and is there
fore indefinite. The very use of the
indefinite words "a board" implied
that other boards might be created
That is the end and force as to Sec
tiOn 18, which was clearly not intend
ed to apply to rolling stock, that sub
ject being covered by section 8.
Mr.. Foster-The law says the ex-
ecutive department shall consist of q
governor. Would you construe that
to mean more than one governor?
Mr.. Taylor-That means that the
executive chair shall be filled by a
governor. One governor may die oI
be deposed and another take his place
If the constitution had said the gov.
ernOr, it would have applied to the
governor then existing and no Other
could have succeeded him or been
substituted for him. The constitu.
tionality or unconstitutionality of the
matter don't depend on what you cal
the board. This must he determined
by inquiry as to what are the duties
of the board. Hence / withdraw my
first amendment on this subject. II
might be well. though leave it to the
friends of the bill to strike out the
word assessment and leave the bill
simply providing for a board of equal
iZation, as better calculated to meet
constitutional objections.
Mr.. Chenoweth-As chairman OF
the committee l desire to say that
agree with the gentlman from Rec
River and accept the amendments.
Mr.. Hill said: / set out with the
intention of supporting the report OF
the committee and the bill presented
if possible; but upon thorough inves
tigation l am of opinion that the bill
even as amended, is in conflict with
the constitution of the state. The
national constitution is a grant OF
power; that of this state is limita
ton on the legislative will. Where
no doubt arises as to the intention oi
the trainers there is no construction
We only resort to srules laid down by
Cooley, Sedgewick and other element
airy writers, in case of doubt as Il
what was intended. Now, when W,
examine section 8, article 8. we find ;
. clear enunciation that all property Of
railroads shall be assessed and take
collected in the several counties il
which said property is situated
! In the same section It IS further pro