The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-03-09
adopted and the senate adjourned.

Socnran IN the cnalf ana u quorum.
Prayer by the chaplain, Rev. DIR.
Pennington, as fol ows:
We beseech Thee, o Heavenly
Father, to look down upon us ia
mercy and loving kindness. Forgive
our sins, guide our steps, direct our
hands, purify cur hearts and elevate
ourthough hts, so that our labors may
he fit fo- Thy pure eyes to look upon.
Aid 10 Thee shall be the glory and
praise forever. Amen.
The consideration of the mechanics
and laborers' lien bill was resumed as
the pending business, the question be.
ing on the adoption of the substitute
proposed by minority of the COM
mittee, as prepared by Mr.. Anderson
OF Milan, who made strong speech
in support o the minority bill. He
contended that it was radically wrong
to undertake, as the majority bill pro.
posed, to make the owner of a build.
ing responsible beyond his agreement.
He quoted from d decision of the state
supreme court by Judge Henry that a
lien Is alway subordinate to the con-
tract, so as not to exceed its pro-
visions.
Attending to the political effects of
the bill, or any bill, be contended that
the Legislature should rise above mere
partisan considerations of such meas
ures as should be framed to suit the
general business interests of the peo-
pie. No man could constitute himself
the keeper of the conscience of the par
ty in such matters.
Mr.. Gossett said he could not sup
port the majority bill, and in case the
minority report was adopted would
offer an amendment adding to Sec. ii
Of the bill, that when contract for
the erection of any house or improve.
ment is made it shall be- the duuy OF
both the person letting the contract
and the contractor to keep subject to
the inspection of material men and
aborers three copies of such building
contract, shown g description of the
proposed building or Improvement,
the material to be used in its con-
struction and the price to be paid
therefor. If copy of such contract is
kept then the tract price shall be
the measure of liability so far as the
person letting the contract is concern
ed, but il material men end laborers
are denied inspection of such contract,
the person letting any contract shall
be liable for tt @ full amount of value
of labor and material furnished with
out reference to the contract price.
Mr.. Golden contended that the bill
of the gentleman from Milan, Mr.
Henderson, did not represent the la
boring interests. AS to putting things
in party platforms to catch the labor
ers' votes, they were getting tired of
it and demanded something more
than mere specious propOsiiionsof re-
lief. What they wanted was such
protection as was afforded in the rail-
road law.
Mr.. Breeding claimed that he had
the honor to represent large constit-
uency of the laboring and material
men, and agreed with Mr.. Golden.
The great object was to guard against
irresponsible contractors going about
the country and not honest and re-
sponsible builders. The lien should
be made to protect all parties. We
canuot provide for one without pro
viding for the other. He favored the
majority hill which conld be best
amended for this purpose.
Mr.. Mills favored the minority bill
and Mr.. Feagan of Polk favored
amending the majority bill as more
practical.
Mr.. Dashiell argued that all civili-
cation was the result of contract, civil
or social, and yet the majority Till
proposed to violate this great right.
Mr.. Finlay argued that it was the
owner and not the contractor who
was liable under the constitution to
the laborer and material men. AS to
homestead rights, the majority bill
proposed the same construction that
he constitution makers did as to the
honest cad limitation. A mans house
is his homes cad whether there is a
lien on 1t or whether he owns it or not.
He can have a homestead even on
land that he has leased. The million
aires thrived under the contract sys-
tenn and the policy of the government
should be to throttle it with an iron
hand and stifle whi-ky trusts, sugar
trusts, pork combines and lumber
combinations. He did not pose as
the special representative of any class
tor he was elected by the vote of all
classes and would do his duty under
the constitution. The majority report
was adopted by vote Of h5 to 40, thus
bringing up the substitute of Mr. Hen
derson for the action of the house
Mr.. Cough offered an amendment
that where the property is other than
homestead then it shall be liable for
all labor done and material furnished
to the extent of the reasonable value
If the same wit! out regard to the
contract price; provided that should
the owner be required to pay an
amount in excess OF the contract price
then he shall be entitled to recover
the same from the original contractor.
By MIR. White-Amendment to the
amendment-Strike out all after the
word material
By Mr.. James-Substitute provid-
ing for tixinA the liability OF the own
er, but requiring that after certain
notice given by the contractor as to
claims over and above the contract
price the owner should pay the origi.
nal contractor withou, first paying the
claims he shall be liable for said
claims for labor and material. If the
contractor is paid without notice OF
the claims to the owner of the pr per.
ty then the owner shall not he liable