The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-03-29

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lbe ateas o claims al 800 w 10 feel
Adopted, aud the bill Vas passed.
Nj fylbbs. rom ihe COMMITTEES on COZ
stitntlOnal amendments, reported advefsel
The bill 10 create u railroad commission.
The senate then nd loufned I'll ~ M
AFTERNOON SESSION.
The special order was 10 give each unof
ganized county n survey, was laid befof
the senate; the pending question being Va
ADOPTION of the adverse report OF the com
mittee.
Mr.. Gibbs, In lengthy speech, supported
the bill and urged the senate to adopt IN
committee report, and presented n lengthy
petition from the county judge and certain
citizens OF Wheeler county, showing ina
under the district surveyor System fraud
had been committed, and that the surveyor
OF Wheeler county bad been implicated
aud insisted that the law providing tina
each county should have u surveyor, b'
passed.
Mr.. Matlock said the bill wac frivolous
and would be detrimental to the state. AS
TO the charge of collision between the two
county surveyors OF Wheeler county and
certain land men, he said it was absol utely
false, and stated that the county judge who
signed the petition presented by the senator
from Dallas, had in his own name and In
that of his wife and mother-in-law filed upon
the lands he charged that the surveyor was
about to fraudulently permit files to
be placed on. He earnestly contended that
the report should be adopted.
A rambling debate continued about an
hour, in which many personalities were IN
dulged in.
Al. ..anrIaI nd n a n M Of inn
was ordered read, and the committee re-
port was adopted.
The senate then adjourned.
HOUSE.
On motion of Mcbride the substitute bill
by the committee amending article l24O OF
the statutes was taken up, and passed to
engrossment.
It provides that the acceptance OF service
and waiver of process provided tor in article
1910, and the entry Of appearance in open
court as provided Tor in article 124l, shall
not be authorized by the contract sued, nor
shall such acceptance or waiver of service
be made until after suit is brought, nor
shall it operate to permit the trial OF the
cause at the term at which 1t
is brought, unless such suit
shall have Been filed at least five days be-
fore the beginning of the term of court, ex-
elusive of the day of service and return, nor
shall the power to confess Judgment be
given, nor shall such power be operative
until after service or waiver OF service as
herein provided and after appearance
The final passage of this amendment to
the statutes will destroy the efficacy OF
what is known in commercial circles as the
Iron clad note" =.
The special order was the railway substi-
~ ha the adm
ton of Hills substitute for the Gibson sub
stitute.
Gibson said: N desire to say in justifica-
ton of my intentions that | offered this
substitute in good faith, and l desire to say
to the members of the house that really the
substitute itself does not embrace and does
not 90 as far in the direction of railroad leg
islation as l myself would wish.
offered it believing the measure which
did go further than this oou Ia
preparing this substitute 1T was
my object to so frame it as to receive the
support of the majority OF the members OF
this house. Some time has elapsed since
the vote on the substitute was taken, ana
we all know that considerable feeling was
manifested by members on both sides OF the
question.
i'Members have had time to think and to
study over this matter, and believe II
there was any great number of the mem
beers of this house who entertained the idea
that that substitute WAS injected at the time
it was for the purpose of defeating not only
the bill before the house but also all legisla.
this this session of the legislature,
they have had an opportunity since to in
yestigate for themselves, and am happy to
believe, Mr.. Speaker, that large majority
of this house will accept the statement l
made when that substitute was originally
tiered, that it was offered In good iaitn.
No man WAS consul ted in the matter OF this
substitute, neither the enemies nor the
friends Of Chenoweth's bill, and, since its
adoption, | have not consulted sihgle
member for the purpose Of influencing him
upon this question"
Continuing, Speaker Gibson said that
when he accepted the position of speaker
he did not take it thinking that he would
be required to lose his identity, and that he
thought it his duty to represent mis- people
when the necessities of the case demanded
il, and that he would always be found IA
yoripg railroad legislation. He hoped the
house would take 1t, amend it" to suit
themselves, and engraft upon it their ideas.
Cbenoweth said: my mind is too
opsoue to catch one CLEAN oflisht from the
brilliant explanation which the gentleman
has gwen for the course which he has taken.
am opposed to the Gibson substitute. 1t
is an egg-shell without any meat in 1t, and
a skeleton without any meat on it."
Continuing, Chenoweth said that many
members who voted against the provision,
owing 10 discrimination at points Of inter-
section in the committees bill, had turned
round and voted for the same thing in the
Gibson substitute, "Oh, consistency, thou
arL a Jewell" The substitute is destructive
of the only remedies we have in the stat
utes at ali. If Jay Gould, Vanderbilt and
ali of the railroad msgnstes had assembled
10 committee for the purpose OF framing 0
bill, they could not have secured meassre
more suitable TO their interests and more
damnsble TO the wishes OF the people.
Mckinney said he was not one OF those
VINO assisted ia electlns the honorable
speaker 10 his honorable position; that
friendship led him TO support smother, but
IA distinguished q citizen or Texas. he
was proud of both the chairman of the CON-
mittee of internal improvement and the
honorable speaker. he thought the criti-
ci.ms made In regard 10 the speakers IN
tentions were unjust aud unwarranted.
Foster, OF Limestone, thought that the
speaker should have at least waited
iii the committees bill had
been voted upon before the presentation OF
his substitute, and was Of the opinion that
n the speaker had desired instead of offer.
ing hi. substitute, advocated the merits OF
the committee's as amended by the
house, IL might have passed by large
majority.
Crsvens advocated the substitute and
considered the criticism made by the OPP
position unjust,
Jones criticised the Gibson substitute
and especially that part allowing di.crim-
fustiou st iuter-rrfiuF points and said that
the duties imposed in the substitute were
700 numerous for one man 10 perform, and
coutended that three men could better
represent the interesi. Of the people.
Doufls. spoke against the substitute,
and .sid that n Il vas adopted Il would be
a deception precticcd upon the honest yeo-
nenfy Of our country.
Swsin sroke In opposition 10 Hills sub
situte, and aid II Wa the origlnhl CON-