The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-02-16

sIltutlonol grounds ana Tor the furt hel
reason that it undertook to regulate
that over which congress has exclus
i've contrOl-inter.s state commerce. He
argued iurther that railroad com
J pany cannot be compelled to take
! freight beyond it's own lines and il
cannot be compelled to give through
oils of laden. The passage of such 8
bill might operate to do away with
through bills of laden, though the
speaker merely suggested the idea as
! it would be a serious matter to make
| the Texas railroads respon sible for the
neglect of the other railroads of the
country.
Judge Perkins argued that it was tc
be assumed that the committee did
not intend to legislate against the
out of the state. The Texans can't &C.
quire control over outside roads. If
they could protect themselves.
Senator McComb asked the speaker
between whom was the contract as
evidenced by the bill OF laden?
Judge Perkins replied that it was a
contract between the shipper and
each of the connecting liLes, and was
controlled by its terms OF the bill of
laden. The road Issuing the bill of
laden was merely their special agent
of the other roads Ind his authority
was controlled by the bill of laden.
Speaking for the st. Louis and
Southwestern, rs per cent. of the
freight handled originates outside OF
the state, and it was manifestIy un-
just to make this road responsible for
damage or loss which occurred before
it took the freight, but from the ma
ture Of the commodity The damage
could not have been ascertained before
it was delivered to the consignee.
Some member of the committee
asked the speaker if in case this bill
became law whether or not the rail-
roads would stop issuing through hills
of laden.
Judge Perkins replied: II cannot
answer for any Texas railroad, but L
can only say that if l managed rail-
road / would not take so many risks as
to issue through bills of laden under
this bill"
The bill will be discussed by the
committee at it's next meeting.
The subcommittee of the senate
judiciary No. l, composed of Presler,
Yoakum, smith, Louis and Shelburne
to whom were referred the various
bills creating additional supreme ju-
dicial Districts, have, after three
weeks work, completed their work
aud will submit substitute bill for
all the bills introduced. The bill
leaves the present locations of the
Nf nIe . hi,t
makes no recommendation as TO the
location of the new courts. They rec
ommopd the creation of three new
courts. One of the districts embraces
the city of San Antonio and another
district excludes within its boundaries
Abiline and Brentwood and the
other Dallas, Greenville and Tyler,
The report will probably be adopted
by the senate.
Senate committee on internal i'm
provements met last night and decid-
ed to report favorably the following
senate bills:
Bill to require the filing OF profiles
by railroad companies and bill for the
organization of public grain ware
houses and giving the railroad com"
supervision thereof.
THE HOUSE.
The house met at 10 o'clock with
Speaker Cochran and u quorum pres
ent.
After roll call and prayer by the
Rev. d. Pennington, the
reading of the journal was dispensed
with and a batch OF petitions as usual
was presented ed, mainly on the subjects
Of the same nature as many others
presented.
Bills and resolutions were presented
and referred as follows:
By Mr.. Brown, by request-Bill
article $40 OF the Penal Code
as to permissible homicide to prevent
other felonies. 1t provides that the
homicide must take place before the
offense committed by the party killed
is actually com pleted, except, that in
case of rape the ravished may be
killed at any time within sixty day 8
from the date of the commission OF
the ofense; provided that it may be
permissible to prove that the person
killed had been guilty of rape within
sixty days Immediately preceding the
killing, and that defendant knew or
mad reason to believe that. the person
killed had been guilty OF rape within
sixty days of the killing; and pro-
viding for charges to jury and verdict
accordingly as prescribed in the bill.
By Mr. Kennedy of Harris-Amend-
ing the private Incorporation law so
as to provide for rhartering OF associa-
tiohs for preserving wild game from
being killed out of season and enforc'
ing the law on the subject.
BY Mr.. Misunderstanding the
provisions of guardianship of orphans
to orphan homes having them in
charge where the legal guardian sur
renders their guardianship to such in.
situations.
By Mr.. Misunderstanding civil
Jurisdiction in Hamilton county.
BY Mr.. Dever Amending the char
ter of tina city of Brennan as to the
provisions for city elections.
By Mr.. Peck-Amending the law 80
that the punishment for burglary
by entering any dwelling or room
where any person sleeps shall oe by
death or imprisonment in the peniten-
tiary not less than twenty years, and
in all other cases of burglary the pun
shall be Imprisonment from
five to twenty wears.