The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-10-18
RAILWAY COMMISSION.
Governor Ross Views and Record
on the Question.
He Will Sign a Good Bill If the
Legislature Presents One.

tive acts Is rScOrueu as lOllOW5. hprl
26, 1882, Senator Davenport, for the COM
mittee on internal Improvements, submit.
ted the following report:
"Your committee on internal improve
ments to whom was referred senate bill
No. 50, to be entitled, An act further to
regulate the duties and rights of railroads
i'll this state, connecting with or inter-
secting, or crossing each other, and to
prevent Determinations by them,' have
considered the same, and am instructed
by the majority of the committee to re-
port it back to the senate with the recon-
mendation that it do not pass" This was
the Reagan bill modified 10 state exigen
cies, and the following minority report
was made:
COMMITTEE Rooms,
AUSTIN, April 26, 1882.
"Hon. L. j. Storey
"a minority of your committee on in
ternal Improvements respectfully dissent
from the majority marion Martin was
one of the majority report adverse to
senate bill No. 35, which has for its object
the prevention of determinations by
connecting or intersecting railroads
against each other, and the regulation of
their rights and duties growing out of
such connection. The minority think the
bill ought to pass for the following
reasons:
"First-It requires proper facilities for
the transfer of freight and passengers at
such functions.
"Second-It requires prompt receipt
from and delivery to, and forwarding of
freight and passengers, on the part of
such connecting roads, and gives a right
of action to the injured company in addi-
ton to that which the citizen already has,
thereby transferring in a great measure
the controversies growing out of dissim-
nations, delays, and losses from the peo-
Pile as against railroads to those corpora
tions themselves, and protecting and
encouraging competition in the interest
of the public.
"Third-It to ndsto prevent pooling and
railroad combinations.
"Fourth-It gives legislative effect to
that provision of the constitution which
declares that railroad companies shall re-
ceive and transport eachf others passen-
gers, tonnage and cars, loaded or empty,
without discrimination or delay.
"Fifth-It prevents diversion of freight
and subserves the public interest by re-
curing such companies to issue through
tickets and bills of lading.
"Sixth-It req uires such compani es to
transfer freight without determinations,
in requiring prepayment, and it also
makes them responsible for charges due
the company from whom it receives the
freight.
"Seventh-Itrequires railroad COM
panies to promptly return each others
rolling stock.
Sin protesting we respectfully recon-
mend the passage of the bill.
TSigned Ross,
SHANNON,
STUBBs,
SWAIN,
Protest"
SENATE journals) page so, July 26, 1882.
This bill would have cured about all the
troubles of which the people complain,
but it was killed after the minority
report was adopted by saddling it with
such impracticable amendments as to
compel its own friends to vote against it.
Then these opponents introduced regu-
lar commission bill, which l honestly be-
lieved the supreme court (if not passed)
would declare unconstitutional. But so
anxious was to Ssee these corporations
chained down from mischief by the strong
arm of law, that gave the bill the bene-
fit of the doubt, which l held on the sub
ject, and voted for it, This doubt grew
out of my idea, that in a constitutional
government like ours, where the people
have once delegated their powers to rep
resentatives as their agents, these repre-
sentatives cannot delegate the power in
trusted to them, to others, not selected by
the people for that purpose. If the legis'
lature has the constitutional authority to
delegate to commission any portion of
their legislative functions they have the
authority to remit to them the entire
mass of their legislative power, and the
converse of the proposition must be
eq ually true, that if they have no authority
to delegate their whole power, they are in
like manner powerless to delegate any
portion of it. Unless the authority so to
delegate is expressly conferred by the
| constitution, at the same time 81 have
always believed that in government like
ours, where its institutions rested upon
popular suffrage, as the infallable oracle
and voice of the state, when expressed
through lawful and constitutional forms,
it was the duty of those who governed to
obey its commands, and register
and faithfully execute its DEGREES,
! and hence while have had a
/ policy TO suggest upon nearly all of
the material public interests of our state,
l have had none to enforce against the
will of its people. have deemed it my
duty to tell them fearlessly what 1 thought
best for the promotion of the highest in
terests of the people, and where their rep
resentatives have not agreed with me,
have in every instance acquiesced in their
decision, and you may with authority
say that any measure looking to the con-
troll of corporations which does not plainly
transgress the constitution, which l am
sworn to see faithfully observed, will meet
my hearty recognition and approval.