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

|
ness exceeding a certain amount agains
counties.
Senator Mcdonald called up the hous
substitute bill providing for printing o
Supreme Court ard Court of Appeals Re
ports. The bill, with an emergency clause
was passed, and as the law now stand
there shall be reporter for each of thes
courts, appointed by the judges of tn,
respective courts, who shall receive $4,000
a year for their work. All future volumes
of each court shall be sold at So volume
and past reports to the Fifty-sixth of thC
supreme and Twelfth of court of appeals
shall also be sold at 50 volume.
Seaator Harrison called up senate bill
| 15l, regulating the method of recording
and proving chattel mortgages and Other
such liens. The bill was passed under 6
suspension of the rules.
The special order, the commission bill
was then taken up, and Senator Tyler be.
gan his argument in favor of the bill. He
declared he was not an enemy of rail
roads; he was inspired with no hostility to
them. He conceded they had done very
much for Texas, but at the same time the
legislature still had a right, and it was its
duty to regulate and control them. He
was not welded to either the senate or
the house bill; he was willing to have
their features improved upon. The object
of the commission bill was to substitute
for the Traffic association or its successors
three able, honest and faithful citizens of
Texas who shall regulate the railroads and
be responsible to the state for their work.
He regarded it the strongest argu-
ment in favor of commission and against
arbitrary and absolutely fixed and for
two years Interchangeable rates established
by the legislature, that changing circum-
stances and conditions made such fixed
rates harsh and unequal. He wanted a
commission always in session that could
change rates as circumstances and equity
demanded. The legislature is constantly
delegating powers and authority to boards
and other tribunals than itself and this
railway commission was only in line with
such custom. 1t was impossible for leg
islature to do all its work; it must dele
gate certain duties to other powers and it
is constantly doing so. The more he had
studied the Constitutional objections to
the bill the less he had found in them.
The word "freights" in the Constitution
means passenger and freight rates
"a maximum for each-and not
for all grades under each. If it shall
be claimed that the legislature must fix
more than one maximum rate of freight,
must fix complete scale of rates, then,
from the Fourteenth legislature down, all
the Legislatures have disregarded the i'm
mortal "shall" of the Constitution and
violated their oaths. He belonged to the
school of politics that allows every citizen
the utmost liberty under the law, and
from all unequal interference.
But he made broad distinction between
an individual citizen and corporation.
He quoted Cooley on Vested Rights and
declared state can reclaim the privileges
granted corporation. The people do
not ask harsh exactions of the railroads,
but they do demand fair and just treat
nent by the railroads of all people and all
interests. Texas has done more for the
railroads than has any other state in the
Union; and if any state has the right to
regulate railroads, then Texss has that
light to much greater degree. He
thought the greatest mistake made in all
he arguments was in the failure to dis
anguish between the inalienable rights of
he individual and the granted rights
Yielded by legislatures to corporate exist
,roes.
AS to the petitions which have been
looding the senate, he said the railroads
lad unequal means of collecting such pc
itlons IN their interest. He represented |
! district of 10000 voters and he had re- |
'eived petitions but from forty eight men |
skiing him to vote against the bill. The |
people of his district were exceedingly |
'nxious for this legislation. Senator |
Mcdonald might be right, there might be
nough laws on the statute books regulat- |
ng railroads, but they we're lifeless things |
there was no special tribunal charged |
With their enforcement. Here was the |
rouble, here the defect the commission |
ill sought to remedy. The south is |
italy interested in such legislation as
his, for she is starving to death for man
factories, which she cannot have with |
'rofit while the railroads have such indus |
ries by the throat, and cater to the vast
of the east and discrimi-
late IN their interest and against the
outh. The giant efforts being made by
be railroads to defeat this bill furnish
he best of proof that these railroads know
ometnlng Is wrong, that they are guilty
f the charges of discrimination
lade and fear investigation and
equation. If they were guiltless,
ould they interpose the opposition they
re making? He mentioned a number of
Instances of determinations aud read let
srs to the same effect. He challenged
NJ senator to say if this bill were sub
lifted to the people that it would not be
iopted by an overwhelming vote-then
by should the senate hesitate to adopt il?
10 had been informed that both Senators
oke and Reagan favor a commission bill
Texas. His peroration was closely
ated and most ably presented. bespoke
'r two hours favoring the bill. Senator
urges gave notice at the close of the
orning session Tuesday he would move
10 previous question on the bill.
Senator Pope, for committee on in
rnal improvements, reported favorably !