AFTERNOON SESSION.
A call of the House having determined a quorum, on motion of Mr. Mellett the bill ]H. R. 259] to restrain the running at large of stock was restored to the files.
Mr. Cauthorn obtained leave to introduce a bill [H. R. 522] to amend section seventeen of the general city corporations act of March. 14, 1867, (relative to the duties of the mayor. Amongst other things it gives him special jurisdiction in all civil cases to the exten of five hundred dollars, and jurisdiction in all criminal cases the same as now, throughout the county.] It was referred to the Committee on Cities and Towns.
Also, a bill [H. R. 523] to amend section 8 of the act concerning real property and the alienation thereof approved May 6, 1852. ["The proceeding section shall not apply to mortgages and conveyances in trust, and every estate vested in executors or trustees as such, shall be held by them in joint tenancy.") Judiciary.
On the motion of Mr. Cowgill, the vote of yesterday was reconsidered by which the bill [S. 16] for legal action by one member of the firm against another in the partnership name was indefinitely postponed.
RAILROAD LAWS.
The Speaker now announced the special order, viz.: The consideration of the bill [S. 6] concerning the transportation of freight and passengers over railroads within this State, and repealing, etc.; and the bill [S. 115] to prevent extortionate charges for, and in just discriminations in,the transportation of freight by railroad companies and other common carriers, and to provide remedy when such extortions are practiced; and Mr. Offutt's bill [H. R. 158], declaring all railroad companies common carriers, regulating passenger fare and the tariff of freight, and requiring them to discharge freight and passengers at every station, and prescribing penalties; and the same, with the pending amendments, were severally read by the clerk.
Mr. Branham moved, ineffectually, for the consideration of the amendments to the bill S. No. 115.
On motion of Mr. Peed the bill [S. 6] was taken up first.
Mr. Offutt moved to amend section 9 by inserting in the tenth line these words: "or any of its agents," and striking out lines seventeen to twenty-two - that is the individual penalty of $5 a day for neglecting to use cars furnished.
Mr. Hollingsworth considered that this 9th section makes an unreasonable requirement of the railroad, and after the reply, and some conversation across the House, Mr. Offutt's first amendment was adopted.
Mr. Cobb proposed as a substitute for Mr. Offutt's second amendment, to strike out ''five" and insert "three," in lieu; and strike out the words: "in the sum of $10 a day." He thought $3 a day was enough for an idle car; and in the other case he thought the penalty might be left to trial of the case, and then all the amendments were laid on the table.
Mr. Shirley proposed to amend the first section in three several lines by inserting the words "within, the State," so as to confine the average charge for the distance of carriage to the length of the company's line within this State, which was rejected.
Mr. Miller proposed to amend section four by inserting after the word "provided," in the second line, these words: "assignee or receiver,"which was adopted:
Mr. Troutman proposed to insert the words "per mile" in several places in the first section, which was rejected.
Mr. Miller proposed to amend the bill by striking out and inserting sections three to five of the Senate bill No. 115.
The Speaker called the gentleman's attention to Rule 64the chair can not entertain the motion because the Senate bill No. 115 is before the House.
Mr. Branham could not so understand the rule 64, and, more for the purpose of making a speech than for testing the soundness of the ruling, he moved to amend the pending bill No. 6 by striking out all after the enacting clause and inserting the matter of the bill, S. No. 115. His speech which followed supporting the bill No. 115, and deprecating the provisions of the bill S. No. 6, as tending inevitably to bankrupt the weaker and newer railroad companies, and to repress the construction of new lines, and thereby postpone and repress also the highest prosperity of the State, which lies in the development of her mines of iron and coal, shall it not be found with the rest of this debate in the appendix to volume 14 of the Brevier Reports? When he had concluded.
The Speaker. The motion of the gentleman to strike out and insert the pending bill cannot be entertained.
Mr. Branham. Then I move to lay the bill before the House - the Senate bill No. 6,on the table, for the purpose of taking up Senate bill No. 115.The motion was agreed to - yeas 51, nays 21.
Mr. Woodard submitted a motion to reconsider the vote just taken, and thereupon
Mr. Offutt continued the debate supporting the provisions of the bill, S. No. 6, and delaring that the bill, S. No. 115, would be absolutely worthless as a substitute for the protection of the interests of the State.
page: 192[View Page 192]Mr. Walker followed, taking similar views, and replying to Mr. Branham.
Mr. Cowgill opposed the motion, to reconsider and preferred the passage of the Senate bill No. 115. Mr. Thayer took the floor, but gave way for a motion to adjourn.
Mr. Eward obtained leave of absence till Monday, and thenThe House adjourned.
