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

assessed in the county where the
principal office of the companyis is loca
ted. Here clearly is limitation us tC
two places where this species of prop.
erty must be assessed. Now, by sec
tlon IL same article, the county com.
mlSSlonerS court of each county j.
constituted board of equalization
Here Is another limitation plain and
simple. If we can make one more
board for such purpose, we can make
any number, and thus defeat the or.
ganlc limitation. This bill creates
such other boards here at Austin, and
takes the power out of the counties
as limited by section virtually an
nulllng that section. i admit that
there Is cause for complaint and we
must remedy it but not in a way
whereby oIlr legislation will result
In the railroads defeating
the enactment us would be
done If we pass this bill. The gen
tleman from Fannin SAYS opposition
, to this bill is in the interest of rail
roads. Sir, l am opposed to extreme
legislation in any form, and don't
propose to ask any man how | will
vote in any case. l will not support
Il bill because the committee on in
ternal improvements endorses it. or
lns1nuateS as to intention of those op-
posing their bill. There are two WAYS
To laVor these corporations one by
extreme measures and the other bV
no law at all. | want to find the
mean of these, which the substitute
now offer does. BY this, railroads
will render their rolling stock in each
county and all difficulties of the com
mlttee bill will be avoided, and we
will have law that will work upon
Il common sense basis, which is not
the committee bill
| A bill to be entitled "an act to carry
| into effect section s, of article s, of
the constitution of this state, con-
cernlng taxation on rolling stock of
| railroads."
| Section l. Be it enacted by the legis-
lature of the state of Texas, That the
! rolling stock of railroads within this
state shall be assessed for taxes as in
this act provided.
| Sec. 2. Each railroad shall render
as other property, for taxes in each
county through which it passes, or is
constructed i'll whole or in part, the
pro rata portion of the value of its
rolling stock, taking into considera-
| tlon the whole number of miles OF
main track, side-tracks and switches
constructed by such road in this state
and the number of miles of main
track, Side-track and switches con-
structed In the county where the rem
dltlon for taxation of rolling stock
provided by this section is made, and
then the entire value of the rolling
stock of such company.
Sec. 3. In case any such company
as provided by this act shall fail, neg
lect Or refuse to render the rolling
stock of such company for taxation
as herein provided then it shall be the
duty of the proper assessor of taxes,
herein provided, to assess said pro
rata portion of the rolling stock of
such railroad at its fair value as near
;Is he can, and report his action to the
board of equalization of his county.
Sec. Upon the report cOntem-
plated by section 3 being made, the
board of equalization having jurisdic-
tiOn shall give ten days notice to the
railroad company whose property has
been assessed, by service had upon the
| president or any agent thereof, that
such assessment will be considered by
such board on some day to he stated
in the notice.
Sec. .. The board of equalization
will, at the time stated in the notice
provided for in the last preceding Sec
ton, raise or lower the assessment
made by the assessor as justice may
require, and may, for that pur-
pose, compel the attendance
of witnesses. as in civil cases in the
district court.
Sec. u. In case a railroad company
renders their rolling stock as herein
provided, then it will take the course
of other assessments of property fol
taxation under thelaws of this state
Sec. !. That, whereas. there is nc
law in this state for the proper assess
ment and equalization of railroad roll.
ing stock and other movable property
thereby entailing great loss to the
revenue OF the state, public and i'm.
perative necessity exists that this bill
take effect from and after its passage
Sec. 3. All laws and parts of laws in
conflict with this he and the same are
hereby repealed.
Speaker-The question is upon the
substitute offered by the gentleman
from Polk, Mr.. Hill.
Mr.. Thompson, of BeXar-I might
but don't, make point of order; but
move that the bill be postponed till
IL 90 a. M. Friday, and that the sub
stitute of Mr. Hill and Mr.. Taylor's
amendments be printed. Lost.
Mr.. Brown opposed postponement
He thought to create board of equal
iZation would be carrying out the con
stitution. The present board would
not be disturbed by creating an aux
iliary board. He was no constitu
tional lawyer, but some good lawyer:
say this bill will be constitutional.
Mr.. Foster, of Limestone, made the
point of order that Hills substitute
was a bill on the same subject as the
amendments.
Speaker-The point of order is not
in order at this time.
Mr.. ParSons-I am inclined to favol
the last substitute.
Mr.. Graves-Even if the bill is un
constitutional it is step in the right
direction. 1t will open the eyes of tht
people, SO they may call for a cOnsti
tutional convention.
Mr.. Foster, of Limestone There
are two ways to kill the bill; one wa:
by square vote, and the other by
pOStpOnement. There were other mat
ters that demanded the attention Of
the house.
Mr.. NASH am in favor of post
pOnement. If we have time to con
slider it the bill may pass. L agre,
with Mr.. Brown, that the bill is a steI
in the right direction, but if / am sat
isfied in my mind that it is unconstit
utional, can't support it. We should
have time to investigate it. Th,
friends of the bill should not press il
hastily, as there was lingering doub
in the minds of members, and expires
siOns in the papers, as to the merits O.
the bill. He hoped the motion Il
postpone would not prevail.
Mr.. Chenoweth-Th committe,
have had the bill under consideration
two or three weeks. All of them
perhaps with one or two exceptions
thought the bill constitutional. II
postpone it was to kill it.
Mr.. Thompson, of Bexar-I max,
the point that my motion was not Il
postpone, but to print
Mr.. Chenoweth-I am opposed Il
postponement. All have made III
their minds. As to the friends of thu
bill i desire to say that l am tn,
keeper only of my own conscience. L
the bill is postponed it will be defeat
ed. He believed Mr.. Taylor's amend
ments cured reasonable objections
and accepted them in a spirit of com
promise. Vote or kill it, and let III
know where we stand to-day