The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-03-07


special order was suspended.
Senator Burgess reported favorably, for
committee on public lands, bill validating
| certain surveys and authorizing issuance
of patents for the same.
Petitions by county officers for purchase
and distribution of Sayles Civil and Will
sons Criminal, Statutes by Senator Wood
ward from Calhoun county; by Senator
Davis, from Houston county; by Senator
Scale, from Polk county; by Senator Atlee,
from Hidalgo county.
Petition by Senator Woodward from
Farmers Alliance of Mission Valley favor
ing a commission bill.
Petition against commission bill-By
Senator Urshaw from citizens of Hill
county; by Senator Scale from citizens of
! Hardin county.
Senator Frank called up house bills
Nos. Ala and 478 extending for ten years
the payment of the principal of purchase
money for certain school and University
lands. Passed under a suspension of the
rules,
Senator Alice called up senate bill No.
81 for the relief of VIM. Evans for loss of
schooner Josephine while in quarantine
service in 1887. The bill appropriates
$1,000 for such relief. After much dis
cussion the bill was engrossed.
Senator Burney introduced bill regu-
latinR the time of holding court in the
Thirty-fourth judicial district.
Senate adjourned to 2:30.
AFTERNOON SESSION.
The senate was called TO order at 2:3O
p. III.
Senator Burney called up house bill No.
425, to grant new charter for the city of
Ell Paso. The bill was passed to its third
reading.
Petition by Senator Frank from citizens
of Erath county, against the commission
bill.
Senator Jarvis at 2:4O began his speech
against the railroad commission bill. He
was aware the senate was tired of the dis
cussion on this bill, and all the ground had
been covered. He would not speak at ALL
but he regarded this one OF the most i'm
portant measures that had come before
the legislature, and if it should be made a
law it would be extremely deleterious to
all the interests of the state. AS to its
consttutiOnality, it was clear to his mind
that it was entirely unconstitutional. He
was of that opinion two years ago when a
similar measure was before the Twentieth
legislature, and he was of the same opin
ion still. The Constitution declares the
legislature shall fix the rates. This
was a positive mandate, and the Legislature
should hesitate before delegating that
authority or power to any board or power
other than itself. He read from Cooley
to that effect. AS he unders TODD the bill
it confers legislative, Judicial and execu
tive authority upon the commission, and he
read sections of the bill in support of that
opinion. He commended that il there was
any doubt rs to the constitutionality of
any measure it was the duty of the legls-
lature not to pass that measure-and he
douted authority to that effect. He firmly
believed this Commission bill unoonstitu-
tional and he must oppose it, Public
opinion in such case had no terror for
him; he would do as his oath and his con-
science required him. He commended such
a thing as commission to regulate the
railroads was never in the minds of the
constitutional convention. The members
of that convention were good lawyers, and
if they had meant such a thing they
would have said il. He declared he be-
lieved the railroads ought TO be regulated
and he would go as far as any senator to
pass laws to that effect. They had been
granted extraordinary rights and privi-
leges and they should be governed and
restricted. He was thoroughly unbiased
in this matter.
He never owned any stock in a railroad,
he was not prejudiced in their favor, and
he wanted them regulated. But they had
rights, as had individuals, that should be
respected. The senate has done its duty
in passing laws governing railroads.
Nearly all the laws passed to that end by
the Twentieth legislature had originated
in the senate.
Next as to the expedience of this legis-
lation. He spoke of the grandeur of
Texas and the need of more railroads to
develop the resources of the state. As
to present ownership of railroads in
Texas, he said foreign capital owned them
because Texas is young state, and her
citizens have not accumulated enough
money to build them. We wanted more
railroads. He had been in Texas thirty |
two years, and when he came here there |
were no railroads, and he walked from
Shreveport to the east fork of the Trim
Ivy, as ne Udu no nOuey ~ Ouy morse. |
And when he tried to build house he |
paid 800 thousand feet for some lumber
and $50 thousand feet for other, because |
there were no railroads to haul it. lake |
the Colorado river from Austin to its head, |
and you find only two railroads crossing !
it. We need more railroads, and COM ,
mission bill will stop or at
least postpone their building. Capital is
cautious, and will not plunge into this in
vestment headlong. 1t costs more for coal
and operatives In Texas than east or the
Mississippi river. He declared, in answer
to question from Senator Tyler, that the
Dallas convention did not bind the legis-
lature to pass commission bill. 1t
meant, if it meant anything, that the
legislature should see to it that dis
and extortions in freight
charges are prohibited and stopped.
What did Senator Kiumbrogh
mean by the statement that if such bill
does not pass it will disrupt the demo
cratic party? Does he mean that he and
those thinking with him in such an event
will desert the democratic party? He