The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1892-05-11

there was considerable impotence on
the part of senators at this delay and
Gov. Hogg was so informed. He said
that the delay ould prove benefi-
clal; that the bill ought to be thor
oughly considered and agreed upon
in committee, and then passed speed
lily when reported; that if bill inn
maturely considered were introduced
early and plenty of time given for
that purpose, it would be so amended
and disfigured that its friends would
not recognize it when passed.
Finally rejecting the main pro-
visions urged by Gov. Hogg, the com
mittee agreed upon bill which was
reported Feb. Ia. This bill was on
motion of Col Brown himself set for
consideration Feb. 25 and this caused |
and now accounts for another delay |
of ten days. When the bill came up
Feb. 25 Terrell introduced his substi- |
tute, and again Col. Brown moved to
reset the matter tor March ., another
weeks delay.
The journal shows that on that day
it was unanimously postponed. The
bill was actually considered for three
days-March 3, 4 and 5-and was on
the 9th passed under a suspension of
the constitutional rule requiring bills
to be read on three several days, by
vote of 90 yeas and nays. The bill
was transmitted to the senate March
6 and reported by the committee
March Z, taken up on March 10, sub
stitutes for the commit tee bill and
passed March II by a unanimous vote,
also under suspension of the consti-
tutional rule.
Considering the length, Importance
and lntricacy of the measure, the
time actually consumed in the discus
sion and consideration of the commits
sion act is almost nprecedentedly
short, and its passage was not OBJ
structed one hour by the interference
of any railroad lobby.
There was then a conference com
mittee to adjust the differences be-
tween the two houses, chief of which
was an elective amendment adopted
by the senate. The committee did
work with as much dispatch as was
consistent with the Importance of the
matter before it. 1t was composed of
Terrell, Brown, Cochran, ROgan and
King of Bell of the house, Clark, Ty-
Ter, Crawford, Crane and Simkins of
the senate. Thu advocacy of COM
mission by most, if not all, of these
gentlemen antedates that of Governor
Hogg, and L submit to the people of
Texas If they were controlled by the
attorneys of railroads.
THE TERRELL SUBSTITUTE
is to be found on page 422 of the house
journal. The main point of difference
between it and the joint committee
bill are to be found in section s. and
in subdivision "a, y section and sub
division "a, section % The first OF
these subdivisions expressly denied tc
the railroad the right of the writ OF
mandamus and injunction; and the
latter expressly reserved to the state
and the commission the right to botf
, writs without bond.
This spectacle of a great state
clothed in sovereignty, reservlng tc
/ itself the right to make writs and pro-
cess which it would deny to the citl-
zen was 30 at war with the common
sense of justice that the senate re
l volted and struck out these pro
visions, inserted at the instance o
Gov Hogg. Section 6, which is re
. tanned in the present law, provide
. that in all suits between private par
D.. ties and railroads the rates fixed by
= the commission shall be final and tn,
8 reasonableness shall not be ques
t toned. When railroad is dissatis
= fed with the rates fixed by the com
t mission it may sue at Austin to SO
/ them aside. In the meantime TIN
: rates must stand and the road mus
observe them or else subject itself t.
t "a penalty for every overcharge of no
y exceeding $4,000, and to this penalt.
| there is no defense.
fha,, M I do nnuy . n