The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-05-04

ei,a,ee, .or lettnstlfiallon ofpassenget
aud lfe nj on Hll mifosdsand enforce all
suclt lat bv a1e .ulir pen stiles"
TbenufhUIty N crest his commission (
and endlg 10 with extraordinary powers
can be tinlmd nlnff under the section
nuoted. Thai the logitlH - has power TO
bass laws lo correct abuses nd prevent un-
lust Discrimination 10 the r01 Of freight
and passenger tariffs, and ~ lLUsnA
time TO pass laws eslabllshing\
maximum rates and charges Tor
narration of passengers and irsNSn
railroads, Is clearly expressed In the section
referred TO, unless there be some vested
right In the corporation which ante.dates
the adoption of the constitution, discus
sion of which propose to pre-,
we maintain that the Legislature.
has no warrant for deegating any part Of
this constitutional power to another Juris-
dic,on or to another forum.
1t will be conceded that the legislature
has the right to levy taxes but, generally,
| il will not be held by any legal gentleman
| that the legislature can delegate 10 another
the right to fix the rate at which the prep
erty of the country shall be taxed. It, may
fix the rate, provide for the appointments OF
assessors ana collectors, and provide the
general mode and manner in which the tax
| may be levied or collected but cannot give
to any of these officers or agents the right
to fix the rate. or change the rate when
liked, at which the property shall be
! assessed. ~.
1t would have been very easy for the
trainers of the constitution to have authorl-
zed the legislature to vest in aScommlsslof
or in an agent the fixing of the rates or
freight, if that power had been intended TO
have been conferred, but they certainly
never intended by the language they en-
ployed that the legislature should delegate
to any one else the right to fix reasonable
maXiMum rates.
Ifthe legislature shall fix the maximum
rate for passengers at three cents per mile,
and authorize commission to reduce Nv
and they reduce it to two cents per mlie
per capita, then certainly, their action
: would change the maximum ana make IL
two instead OF three cents and mus the
commission, instead of the legislature
would fix the maximum rate until changed.
The maximum rate would be two cents
per mile and not three as the Legislature
made it. 1t will be observed that the
trainers of the constitution were
not content to say that the legis-
ature should fix maximum rates,
but should fix reasonable maximum rates.
Therefore, when the legislature fixes what
it deems reasonable maximum rate its
jurisdiction is exhausted. 1t has deter
mined what is reasonable maximum rate,
and cannot confer upon any one. else the
right or the power to practically reverse
the action of the legislature and fix Il rate
upon which the legislature has never
passed its judgment, whether it was reason
able or not, in view of the first cost of the
properties and in view of the continued
and continuous cost of maintaining. 1t
did not interd that any arbitrary amount
should be assumed as maximum, put
that the owners of the property should be
reimbursed for the cost in deriving. tair
return upon the investment of capital. NO
other measure would be fair to the owner
|, of the property, no other could or Will be
demanded by free, patriotic and lntelll-
gent people.
DISCRIMINATE
During the last two years there has been
expended in your state, in new construc-
ton, an enormous sum OF money brought
from abroad. The money actually paid TO
your own people does not fall dollar be-
low $4,000 900. / can demonstrate TO you
that there has been paid out in cash to your
people, and within the boundaries of your
state, for ties alone, $3OOO,OOO. All this
money has been brought from abroad and
paid to your own people, and this largely
accounts for the era OF prosperity you have
had since the early spring of 1880. Now
that construction has been virtually sus-
pended, your people are feeling the effects,
and very few of them are cognizant OF this
potential factor in the real cause.
Besides this, 10000 men are annually
/, employed in the regular operation OF the
railway lines now in existence, and lncreas-'
!, ing every month. The Sl0000,OO0 which is
paid to them annually is distributed
among your farmers, your merchants,
your mechanics, and goes into every avenue
} of trade and industry.
UNJUST DISCRIMINATION.
OF this branch of the subject II is needless
to say more than refer to the act OF 1873, in
articles 4257 and 1858 of tbs Revised Stat
, utes, which covers, as we believe, the entire
| Of tho constitution thar
subject. 1t provides: The charges for
transportation on each class or kind OF
freight shall be uniform, and no unjust dis
, elimination in the rates of charges for the
| transportation Of any freight shall be made
against any person, or place, on any rail-
road in the state. And it shall be prima ia
Gle evidence of unjust discrimination for
. any railroad company to demand or re-
I ceive from one person, firm or company ?.
+ greater compensation than from any other
for the transportation in this state OF any
freight of the same kind or class in eqJ al or
greater quantities for the same or le IS dis
! tance.'
/ Article 1928 subjects The railrof VIC
lsting the provisions just quoted to pen
/ atty of $500, TO be recovered before any
court having jurisdiction OF the amo"1t 'n
any county through or into which ne PROV
= erty may have been transported. Ihls, Nc
believe, covers the whole question OF upJust
discrimination, and that no further legisla-
ton is needed upon this subject, The fact
that actions TO enforce this provision of ex-
isting laws have not been brought
where the remedy is very plain and easy
. and within the reach of any one goes very
! lar 10 show lhat The railways are not guilty
of unjust discrimination, either as between
, places or persons.
: POOLING.
| There is no term applied to railroading
that is so entirely misunderstood as what is
commonly called "pooling." The most
} eminent and disinterested writer upon this
subject says:
J II have no doubt when this subject is
once intelligently considered by the judi
; cial tribunals Of this country the conclusion
will be reached that the laws of
conspiracy, which some lawyers say APP
ply To the so-called pooling arrangements,
find no application; that. instead OF such
arrangements being considered against
public policy, II will be decidedly tor the
: public good and entitled to the protection
: of the law, afiording, as they do, the only
proper means by which the abuses under
railroad management can be corrected. IL
is a mistaken idea that these arrangements
called pooling" are compacts Tor prevent
ing competition, and IL Is upon these erro-
/. neous views that objections are based.
These agreements 20 divide traffic between
all the roads are changed according TO the
I interest Of the parties 10 the agreement. II,
( when a railroad company improves its IA
: cilities for transport alton anu improves its
connections, and thus is entitled to secure
q larger share Of the traffic than IL has been
allowed under the division, IL calls Tor
revision Of the contract, and q readIast-
, ment must be made according 10 the merits
Of each line. la this way the spirit Of com
peliiiyn il kept alive; each road continues
TO strive To secure the largest patronage,
ani instead Of doing % by paying rebates
/. and Whaling the laws Of common