The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-02-14


establishing agricultural Experiment sta
tions.
Mr.. Pickett offered resolution tender
ing the State Farmers institute the use of
the hall of Representatives at night.
Adopted.
Senate bill %, amending by adding
article 4676a to the law providing for
assessment of livestock in pastures, was
passed.
At the instance of Mr.. Handy the house
took up house bill 243 relative to the con-
troll of public free schools, whose manage
ment is vested in the board of trustees in
cities and towns.
Mr.. Handy spoke explaining that the
main object of the bill was to apply to
the Arsenal lot case in Austin.
Pending amendments proposed by
Messrs. Rentfro and Strong, consideration
of the bill was checked by the hour for the
special order.
Mr.. OwesIy under question of prIvi-
lege said he had not authorized state
ment 10 the Fort Worth Gazette that he
was opposed to a railway commission.
The railway commission bill being the
special order, was discussed.
particular charge of the measure in open
ing the discussion in opposition to the
| bill. He would allude to what he con-
| ceived TO be constitutional objections,
and, in a beautiful exordium of the most
polished rhetoric, he reviewed the general
character and effects of railroad legisla
| tion.
Like the gentleman from Grsyson, he
| fslt that what affected single great in
terest affected every other important in
terest of the state. 1t was like the ESQ
phian fable of the war of the members of
the body which conspired against the
stomach because the stomach did nothing
but consume everything, only to realize
that the stomach was necessary for their
own action.
He raised four special objections to the
bill-that 1t was not constitutional; that it
was inexpedient; that it was against prU-
lie policy; and that it was fraGs ut with
danger to the public welfs.o, 1t was OBJ
noxious no contendee to several sections
of the OOnst tuition and the bill of rights.
There was no great public necessity
for such measure and ii was contrary to
the 2Irit OF the Constitution. 1t invades
;he rights of men in private business.
II eucroaches upon the prerogative of the
| judicial and executive powers of the gov
eminent. 1t makes a commission and
court with power to arrest contumacious
witnesses without right of bail, and su5-
ponds the right of habeas corpus. 1t
gives the commission power to make rules
and regulations which have all the power
and sanction of legislative enactment for
their enforcement II was begging the
question TO call them rules and regula-
tlons.
Mr.. MoOomb further argued thaG the
commission would not only trench upon
the in iioial lovers Ct the courts,
but what was worse, was inquisi-
torial, and could sit anywhere In
the state and drag witnesses be-
fore it from the Sabine to the Panhandle.
Why, he asked, should any three men be
clothed with powers superior to the 140
members of the legislatureP You may find
three men who might be trusted with such
powers, but it would be contrary to all
history.
The third section of the bill, Mr.. Nc
Comb continued, was in conflict with the
provisions of the Constitution Us to COM
peting lines, and virtually gave the COM
mission power to annul Constitutional
provision. He opposed the bill, too, on
general principles of opposition to the
spirit of paternalism which seeks to put
private affairs under governmental IN
| fuence.
Mr.. McComb reviewed the recent de-
cisions sof Judge Brewer, and former
decisions of Judge Wood in cases referred
to by the advocates of a commission. He
was reading from Judge Cooley as to in
depreciation of constitutions, when Mr..
Hayes asked: Is not Judge Cooley serving
as a member of the interstate commerce
| commissionY
BY Mr.. McComb-"Yes, but not under
any constitution of Texas"
The speaker, to meet the question of
sxpediency, read from some printed doc
ument to show that commissions IN
other states had fixed greater rates than
those complained of in Texas, and con-
tended that if a commission should fix the
rate as high as 500 cents instead of so
cents we would have no relief. He was
several times Rpplauded in the course of
his argument.
At the conclusion of Mr.. McOomb's
speech the house adjourned till 2 p. m.
AFTERNOON SESSION.
Mr.. Hamblen spoke at length, making
a strong speech against the commission
bill. 1t was largely made mp of facts and
statistics as to what the railroads had
done for the development of the state.
Great areas of wild sections had been
opened till towns and railroad stations
dotted the vast prRiries. He alluded to
facts in his own knowledge showing the
wonderful contrast in the expenses of
transportation now as compared with the
old times when we were lacking such facil-
tiles. With all the railroads could do and
had done in their efforts to serve the peo-
pie, some of them could not avoid falling
into the hands of receivers. This, he ar
gued, did not show that they were reaping
such marvellous harvest from the people
as the advocates of a railway commission
seemed to imagine.
He alluded TO what he called the mystic.
rious influence of Judge Terrell's mule"
in the matter of wo liking up opposition TO
the railroads, but he was not surprised at
this, for the Judge was tower of strength
in any cause be advocated.
Mr.. Hamblen argued that We should do
the same justice to the railroads as we
would to any other private business. In
answer TO the argument of Mr.. Brown,
thaS the power given in the Constitution