The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-03-15

country that competition Is the only
thing that will regulate these matters
to the satisfaction of the people, and
| am of that opinion far enough at
least to oppose a thing that would
utterly destroy its force and effect
upon such question as the one I'M
der consideration. There is differ
ence between discrimination and an
unjust discrimination. If the legis-
lature fixes reasonable rates on all the
railroads throughout the state, then
no injustice can be done any town
whether they have competition or
not. Then if the people at points
where there are competing lines can
get the roads to cutting at each other
and thereby get lower rates, it is only
advantage to them, and no disadvant-
age to those who have no competition.
| am opposed to killing the goose that
laid the golden egg and then destroy
ing the egg, too.
MIR. Chenoweth, under the call for
the previous question, and as author
of the bill, closed the argument on
the pending question.
Mr.. Upton-As this is an important
matter, want vote of the whole
house, and move the previous ques-
ton.
The roll was called and the absen-
tees were excused.
MIR. Cochran in the chair.
Chair-The question is on the
amendment of the gentleman from
Caldwell to strike out the proYiso
from section II.
The vote resulted ayes 81, nays 3s.
leo -,
Chair-The question now recurs
upon the amendment offered by the
gentleman from Brazos (Mr. Ayres).
Mr.. Ayres being recognized as en-
titled to the floor, said he had no other
reasons to give than those he had
given the day before. We give the
substance of his reasons us follows:
Mr.. AyreS said he did not know the
purpose and desire of members in re-
gard to the several features of the
bill, but that he had no intention to
support any part of the bill fixing a
schedule of rates. He would support
only so much of the bill as creates d
railroad commission with such powers
us the legislature is authorized to con-
| fer. He believed the establishment of
freight rates ought to be left to a
commission. He was profoundly i'm
pressed that the question of railway
regulation could not be settled per-
manently except upon the broad prin-
ciple of justice to all. The legislature
Is charged with the duty of passing
laws to prevent unjust discrimina
ton, while the proviso in section Il
would )egaliZe discrimination to the
fullest extent. He said he was en-
tirely convinced the house would not
adopt that part of the bill which fixes
rates, and if that part of the bill
should be struck out the retention OF
section IL would sweep away all the
protection against discrimination af
fOrded by statutes already in force.
Section IL does not prescribe the
duties or define the power of the com
mission and has no place in bill tC
create a commission. 1t has beer
said further legislation is needed tt
prevent discrimination. He would
say that all the efficacy that section Il
of this bill contains for the prevention
of unjust determinations and in pro.
viding means of redress in the courts
is already provided in article 1857 anC
425S of the revised statutes. Section
II of the bill is almost a literal repro.
duction of article 4257. The bill pro
vides a penalty little more strin
gent against determinations, but
while inten ded to be more stringent
it would, in his opinion, not prove
more effective. 1t was his purpose
and desire to treat this question like
any other question of public concern
and without prejudice. If the provisC
alone to section IL is struck
out it would leave the sec
ton very much as the law now
stands-roads would be authorized t
charge the maximum rates allowed
by law, or so much less as might bt
necessary to obtain the trade. Will
this proViso in the bill there would
be nothing to prevent the Central
railway from hauling cotton from
competing points in north Texas to
Houston for dollar bale, and max
ing up by raising to full statutory
maximum rates at all the non-com
peting points, at many of which
places full maximum rates are not
now charged. To what extent dis
examinations may go without being
unjust, is a question as profound a
any in political economy. The Law
already says roads shall not charg,
more for a short haul than for long
haul. More than this railroads il
Texas were not allowed to charge
but just how much less ought Il
be charged for short than longe
hauls, and the regulation o
rates at competing points
were matters which ought to be lef
| 20 A10 CT Of ice,iO rhAc
duty it should be to study the intri
cacies of the problem and decide ac
cording to justice and necessities o
the case.
The house refused to strike out sec
ton IL. Ayes 10, noes IL.
So the section, as amended by strik
ing out the proviSo, was adopted.
Section 13 was adopted, with Sigh
amendment.
Section IA was amended by strikin,
out all except the first four lines o
the printed bill and adopted.
Pending further consideration, tn
house adjourned till 3 p. IN.
AFTERNOON SESSION.
Speaker Gibson and a quorum.
Il Mr.. Armistead called up house bill
527, to repeal the act of rs providing
for the sale of property under lega
process and deeds of trust in Mariol
county.
i Rules suspended and bill final
passed.
Mr.. Labatt called up substitute
senate bill 1873. recreating the court 0
appeals. The bill finally passed.
: Mr.. White: Senate bill 218, trans
fering court business of Burleson an,
Washington counties from Austin t,
Galveston. Finally passed.
Senate bill 29, for the relief of j. w
, IChowning and others, was signed b,
the speaker.
At the instance of Mr.. Nash hous
bill 176, proposing to create the neN
, special order for 80 Friday evening
THE APPROPRIATION BILL.
The house in committee of tn
whole resumed consideration of thi
bill, Mr.. Wurzbach in the chair.
For purchase of the Alamo -. $40, 0O
Enclosure, etc, graves at Gollad. S,OG
, ." - San Jacinto 800
: Enclosure, etc.. graves of Dawson
! 1883 s.. lSS4.S'
: To pay pensions of vet
Grams, under act OF 18th
legislature. ........... $45,OOl 40 w
) [This item was proposed by Mr. HILL
For purchase of portraits of the
govertors oil Texa, co.,. g., 0(
This item was adopted by reconsiders
! ton, on motion OF Mr.. Upton. Messri
Cravens, Che noweth. Labatt, Tucker an
Upton all spoke in favor OF the appropri,
tion.]
: For completion, etc., of the