Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-07-26
ROBERTSON ON CLARK.
Railway Regulation Discussed aAg9in.
The Right of State Control. :,
-
1.-THE Situation Evolves the Suggestion of a
Commission and the Necessity of the
Authority for It's Creation"
Dallas News.

issue of very great Importance. That
section as it now stands enjoins upon the
legislature the duty of railroad legisla-
ton, but the power of the legislature to
obey this command is supposed to be linn
tied by the succeeding part Of the sec
ton, which requires maximum rates to
be fixed and enforced by "adequate
penalties. - The proposed amendment
removes this limitation and expressly au-
thoriZes regulation through the agency
of a commission. Whether the means Of
Obeying the constitution as it is shall be
thus enlarged is logically the issue pre-
scented by the amendment.
But the issue practically viii take
much wider scope; those who favor rail-
road regulation viii vote for the amend
Inent, and they viii vote against it who
oppose regulation. The issue thus pre-
scented is of vast Importance TO the pres
ent and future Of Texas.
The sensational desDecadOism of Judge
George Clark IS interview of the 18th
inst does not concern or obscure his
5Sfnain object TO strengthen the opposition
TO railroad regulation.
The cattle and sheep men viii remem-
Der that in what Judge Clark now con-
siders was their vital struggle the War
wick was not in the field but to win them
he now makes a post-bellum fight for
free grass.
He seeks also to rally about his new
standard his old prohibition follow
ing, but he cannot so fold his present
flag as to make it show the colors of his
former banner. The main basis of our
opposition to prohibition was the Demo-
cratic principle that the law shall re-
strain no man in his liberty or the pUT-
suit of happiness further than is neces-
sary TO protect one man against the
invasion, usuTpatiOn or interference of
another. Judge Clark commits himself
in his essay thoroughly to the PROPOSE
ton that railroad companies and their
business are within the protection Of
this principle. He warns us that if the
business of Il railroad may be supervised
by 8 commission the business of lawyers,
doctors and merchants may be regula ted
II the same way, and goes even to the
length of announcing the fIagrant heTesy
that "railroads are private property. y
If they are not private property his
whole argument on anti-prohibition
principles must fail.
1t is difficult, to believe that a man who
once served with distinction in the office
Of attOrney-generaI- ot Texas, especially
since we are accustomed to a high order
of ability and efficiency in that office,
could in discussing an amendment which
declares railroads TO be ''puDlic high
ways sincerely contend and base
an argument upon the proposition that
''TaiIrOads are private property -
The Hon. J . ). Black, who was pre-
eminent among lawyers and oracuIar
r
ton in a speech TO the senate committee
OF the Pennsylvania legislature: 90
il will, think, be admitted by all i'm
partial persons of average intelligence,
that the companies are not the
owners of the railroads. The notion
that they are is as silly as it is
pernicious. - The very section of the
constitution to be amended. declares
railroads to be "pubIic highways:"' The
state is prohibited by both the Federal
and state constitutions from taking the
private property OF one man and giving
it to another. When private property is
taken for q public highway it is not
taken to become private property but
for public use. The supreme court of
the United States, which declared that
the legislature could no more authorize a
tax for a private purpose than it could
\
be his wife and shall become thereafter
the wife of 3 - has yet held in numeT-
Gus decisions that the constTu elton of
railroad is a public work, for which
counties, cities and towns, if author
lied by the legislature, may levy and
collect taxes.
Mr.. Black, after proving the states
title to its highways, proceeds thus: cit
being settled that the railroads and canals
belong of right TO the state for the use of
the people, and that the corporations
who have them in charge are mere
agents TO run them for the owners, it
viii surely not be denied that the proper
regulations should be made to pre-
vent those agents from betTaying their
trust. -
Judge Clark, in arguing against a
commission, says that railways are
private property and should be regulated
by law and not by a commission; but
when he comes to a part of the dis
course defining the laws needed, he
brought us ''aImost to the verge
of public ruin'' and he asks:
''Why not take the legislative bride
off and give the courts 4 fair chance
10 correct what evils there may be in the
system in the good, old-faShiOued way?''
He seems to have overlooked the cOusti-
tuition entirely. 1t requires the legisla-
ture TO "pasS laws to correct abuses and
prevent IN Just discrimination and extor-
ton in the rates of freight ana passenger
tariffs on the different railroads in this
state, - and not TO leave il to the courts
''to correct what evils there may be in
the system il the good, old-fOshiOned
way The constitution also requires
the establishment OF maximum rates,
which Judge Clark thinks should be en-
tirely removed. OF the 'good, old
fashioned way'' preferred by Judge
Clark, MI. Black says that when the
legislature learns and performs its duty,
''oUr common sense VIII not be insuIted
by the offer Of civil remedy to each in
dividual for public offenses, which affect
the whole body of the people and dImin-
ish the security of all men 5 rights ut
once. -
Stin treating the operation of rail-
roads rs n private business, Judge
Clark says, and from his point of view
very justly: ''Even the same rates
between the same points may often
prove reasonable as TO one shipper and
unreasonable as 10 another. The