The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-05-09
a, Recent Speech sf Senator Davis,
!, Cooke County, With Refer.
enee TO Anti.Railway
Legislation,
,,.,,sntly Delivered before the State
'"s senate, in Opposition to Sena'
tor Wynne'S Bill.
p.rulatloa Within Proper Bounds, Bat
V uOt ConiscatiOn of Property
or Profits.
r,,osuerable Showing of the Great
Results of Late Building.
!, ,nueal for Those Who Risk Cap.
ital Here, and
/, Clear. Ringing Argument Generally.


NJ President
majority of the senate committee on
r,srna improvement have reported ad-
y,rsely to the bill in question. The minor
,,v ranorted favorable and motion is now
made to substitute the minority for the
,.;Ority report. agree with the majority
IN The opinion that the bill should not be-
D,no the law of the state. In offering my
,ss,ons for this belief do not propose, as
,ome senator's have done, to enter into
trade against railroads, nor do l believe
that Incorporate abuse OF corporations is
moper in representative body assembled
10 enact laws for a great state. Railroads,
while they are not charitable institutions,
have done much for Texas, A country as
l,rreas ours with no navigable streams, can
not prosper or become densely settled with
Ant them. When | went TO Cooke county
twelve years ago, 1t was 100 miles from
market. Gainesville, the county seat, was
an insignificant village, with less than 200
inhabitants. Sherman, Dallas, Mckinney
Where Denison now stands was a forest UNI
touched by the hand of man. Since then
me population of that section has increased
fen fold. Taxable property he's increased
in greater ratio, and small Insignificant
county seats have become growing and pros
nervous cities, some of which are now regular
rivals to Galveston, Houston and San An
tonic. This uneyampled growth and pros
perity is due in a great measure to the rail
roads that have been constructed in that
section of the state. Millions are invested
in these railroad enterprises, the bulk of
which IS owned by men living in other
states 1t was not invested here for glory
OF Tor charity, but relying upon the good
people of this state to deal fairly and justly
by them they invested their money as we
invest ours in the hope that the investment
would be profitable. As lawmakers we
should seek to deal Justly by corporations,
Swe do by individuals, and | for one do
not propose to bid for the applause of
knayes by incorporate abuse Of corpora
tons | have heard it often said on this
floor that railroads are the servants of the
people and are intended for the use of the
public. Railroads in this country are not
the property Of the state. The state does
not build the bridges, the roadbcd nor fur
nish the iron, the rolling stock, pay the
employees or guarantee dividends, but pri-
yate capital constructs eqnips and conducts
the road, not for the public good, but as a
business venture and for the sake of the
profits. Men engage in railroading like
those In every other pursuit, and should be
entitled to the profits Of their capital, their
labor and their enterprise. Railroads oh.
tain their existence as corporations from
the state, and are engaged in bushes.
which affects the pubic, and the state for
the public good has the right to regulate
them, but the state has no right to coniis-
cate their property, or to deny to them the
right to make u profit on their investments,
This right Of the state to regulate railways
seems to be but imperfectly understood by
some. BY the right to regulate is meant the
night to compel railways to keep their rail
roads, bridges, cars, engines and rolling
stock in good repair, so as to make trave
safe and secure. The right to prescribe
reasonable maximum rates of fare, i'll order
toprevent extortion upon communities who
20 not have the advantages of competition
The right to compel them to have stated
times for the arrival and departure o
trains, and to compel them to accep
and convey freight within reasonable
time, and the like. But the state has n,
right to say that the railways shall
only make 2, 5, or 10 per cent. on its In
yestment. If so, the state could say tina
the railways should make nothing, or tn,
state could confiscate the railroads and turl
them over to the public. 1t has been urge,
Dy the senator from Galveston that W
should, by law, bolster up and protect tn
railroads owned by citizens of this state a
against railroads owned by citizens Of othe
| hanp tah In a.
That this bill was drawn in the interest @
the Santa Fe railway, which is claimed +
DC owned principally by citizens Of Calves
Ton; aud, judging from the argument
made in It's support, conclude that such
the case. cannot assent to the proposition
mat y is our dutysto legislate for the SAINT
ierailway; but think that it is our plai
DUTY to deal out, with an impartial hand
equal Justice to all railroads, without r,
gard to where the stockholders live, and II
'ueviate from this 1t is an error Of the jud(
msnt, not Of intention.
The first section of the bill Is not impol
taht, being an attempted new adoption {
an existing article Of the Revised Statutes
with no improvement on the original. TIL
ame may be Justly said of the second Sc,
non. The substance Of the bill is containe
IN the third section, which reads as follow,
section Sd. Each railroad company |
snis state, owning or operating q railroa
@hnected with, intersecting or crossin
smother railroad shall be Obliged to give
onl Of fading for through freight an
through ticket to passengers over and
W. stations within the state upon such col
negung, intersecting or crossing railroaC
anu to recognize the bills Of lading an
PASSENGER tickets over its own road issue
~ such connecting intersecting or eros
,,H railroad, at the legal rates OF transpor
S a';v therefor on each road in aocordanC
Ntm the laws of this state; which rates
tsnali ee the duty mutually to make know
ench other; and each of said compani,
;iaai collect tor and account to each 9th,
ama ialr and reasonable manner in accorC
ANY Ie win railroad usage, for all such du,
anl hres from freight and passengers ,
%ch may receive for the other ON such hi
laulng and tickets, and the company d
nImerlng ut its final destination shall nj,
Soneet and account for all legal charges :
meight received by IL, to the prior carrier
sarrlers to whom the same is due when sur
Sdarges have followed the freight TO (
r,ace OF final delivery; and such compar
s make nnal delivery shall have a lien {
n such freight for all such prior leg
1870 accompanying the freight rs We
co WI its own legal charges, and no railrot
tupahy In this state shall have tho rig
MAKE discriminat on In favor of
tes. nu any other railroad connecting or |
iosYu,lhR with, or crossing itsown railroa
ihEnhg facilities for transportation ,
hough bills OF lading, or through tickle
sVeyohd its own line, and shall be liable
ny company for injury BY violation of N
oSmrement, and to the enforcement ther