The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-02-21

Hudson and King presented petitions
from citizens of their respective counties
Cook, Cherokee, Uvalde, Clay and Hamil
ton, asking for repeal of the occupation
tax.
Bills were presented:
By Mr.. Peebles-House bill $50, amend
ing law as to proceedings in unfinished
trials in certain cases.
By Mr.. Milner-Providing for public
! printing in the several counties.
Resolution of Mr.. Breeding limiting
discussion of the railroad commission
bill was referred.
The speaker signed senate bills Nos. %
60 and 1l2.
! By Mr.. jones' Res olution for final ad.
journment March 10. Laid over under
the rules.
By Mr.. Milner-Bii to establish county
academies.
By Mr.. Hay the law go as
to make the term of superintendent of the
State Lunatic asylum expire with that of
the governor appointing him and making
the Office appointive by the governor in
stead of elective by the board of mana
gers.
By Mr.. cGehee-Amending a number
of sections of the penitentiary law as to
communication of terms of convicts for
good behavior and providing rules for
the management of the penitentiaries.
Mr.. Moses introduced concur ESQ
luton declaring that as the Constitution
provides for uniform taxation, and rail
road right of way, road bed and appur-
tenances are assessed in Texas at an aver
age of $4,000 per mile; and, whereas
President Brown, of the Texas and Pacific
Railway company, stated in his recent
argument before the house committee
that said road could not be rebuilt for
100000 per mile; and, whereas, the report
of the state comptroller shows that the
railroads in Texas are stocked and bonded
at from $4,000 to $4,000 per mile; and
whereas, the commissioners courts of the
state are not fully advised as to the value
OF these properties, and the railroad com
panies have taken advantage of this fact
and returned their property for taxation
greatly below its value. Therefore, re.
solved, that the comptroller issue a circu-
lar letter to assessors and commissioners
directing their attention to the matter,
embracing extracts from Judge Browns
speech and such other information as can
be had from him. Referred.
House bill to encourage irrigation came
up, but was postponed, together with
substitute offered by Mr.. Erskine.
House bill No. 1874, amending the law as
to railroad receivers, passed.
The railroad commission bill was re-
sumed as the special order, the pending
question being the motion of Mr.. Strong
to table the Kincaid substitute.
Mr.. Strong withdrew the motion.
Mr.. Robinson discussed the commission
bill, speaking at length and quite foroibly
against it.
There was, he argued, a principle
underlying the measure which was of vast
Importance to the state.
ut has been announced that the roads
did not earn enough in Texas to pay a
reasonable per cent on investments, yet
the bill virtually proposed to confscate
what might be earned beyond a fixed per
cent. Are you prepared to vote that men
who invest their capital to the advantage
and development of the country shall be
deprived of the fruits of their
ventures? This is question which involves
the good faith of Texas, which 1 am sure
the people would not have marred or
blotted by any act of injustice on our part
am surprised to find men of ability on
this floor, and especially lawyers, adVocat-
ing the passage of'such measure. And
among them men representing the west
where we are in such great need of more
railroads and are using every means in
our power to secure them, and where every
town having railroads is striving for new
lines. Why is this? If railroads are such
a tax as is imagined upon the people, why
DO the people want them? Why should
we discourage such enterprises whether the
investments come from the north or from
Europe? The Arkansas Pass company has
built 472 miles and proposes to come here
to Austin, but If you pass this bill you will
not get the connection, and am surprised
at the gentleman from Travis favoripg
such bill. | am especially astonished at
the position of the gentleman from Cam
eron, who represe nts such fine country
so far from de- ired railroad facilities,
Pass this bill and we announce to the
capitalists of tie north that we have gone
back on them. We say to them if you
succeed here it is all right. If you go
beyond certain measure of success we
will take the profits from you. This was
a communistic idea, pandering to the
spirit of socialism, which prevails in GER
tain classes of Chicago and other cities of
the north. Isay we want men of capital
to come here implicitly relying upon the
good faith of our people"
Referring 10 the constitutional ques-
tions involved in the bill, Mr.. Robinson
said he thought "there was misccnception
of the proper rules of construction. As
suggested by the gentleman from Mont
gomery, the pi oper question is, what did
the trainers of the constitution say, not
what they intended to say. He commended
that the provision in the Constitution as
to establishing rates meant that they we're
to be. permanent, subject only to change
by the legislature. If commission could
pc anything it would be to regulate in the
the rates fixed by the legisla-
ture. As to the relative meaning
of the words may and SHALL he read
from several clauses of the Constitution
to show that they were not used as syn
onomous, but that shall was mandatory
and may op ional, and argued further that
where power is given and the mode for
the execution is explained, no other mode |
is legal.
"rhe legislature, too, could not delegate |
its powers. If it could then the other |
powers of other departments could be |
delegated. If the legislature can delegate |
10 com mission power to control inter
ests involving millions of values, why |