Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-08-03

| ing the large Interstate traffic to and
from Atlanta would compensate the car
riers for very considerable reductions on
the comparatively light Interstate traf-
| fic which Is now carried TO local points on
the Atlanta combination.
These extracts are in full harmony with
the various other rulings and opinions of
the commission, and show clearly that
while that tribunal in exercise of the dis
erection with which it is invested by law,
is intent on leveling down and equal
izing freight rates and giving to
smaller towns and stations interme-
| date points 1.-THE benefit of reduced
rates, that at the same time it is avoid
ing any injustice, as far as it is practicable
| to do SO, to the interests of & trade CEN
tiers, - inland cities and distributing
points. 1.-the excessive freight rates and
unjust discrimination by railways OPP
Grating in Texas to which you refer,
are grossly violative both of the terms of
the act to regulate commerce and the
rulings of the interstate commerce COM
mission and your remedy is clearly de-
fined III the law itself.
BY reference to section of the act,
which have quoted, it will be seen that
persons who are damaged by violation
of any Of the provisions OF the act on the
part of those who operate the railroads,
have their remedies in the circuit and
district courts of the United States, or
that they may make their complaints to
the commission for adjustment, the
choice of tribunals being left to the in
jured party. The establishment of the
commission impairs no right of the citI-
zen, takes away from him no remedy,
and is only the creation of another tri-
bunal to which he may appeal for redress
of wrongs against himself personally, or
against the community in which he lives.
In addition to this, section 10, quoted
above, provides stringent money penal
ties for violations of the act, and If the
offense shall be an unlawful dlscrimlna-
ton IN rates, fares, or charges, impris-
onment in the penitentiary as well. Both
on the civil and criminal sides, before
the district and circuit courts of the
! United States, violations of the law may
be prosecuted by persons aggrieved. The
machinery for the enforcement of the law
is dOuble-geared, and awaits only the ac-
ton of those who have been unlaWfully
or Oppressiyely dealt with to put in mo-
ton.
You ask me as to the expediency of a
state commission for the regulation of
state commerce, that is, Of commerce
have to say in reply that favor such
commission, and for the purpose of clear
ing the subject of all constitutional diff
Guilty, strongly favor the adoption of the
amendment TO the constitution proposed
for this purpose by the last legislature,
which, as l understand, is to be voted on
at the next general election. All the ar
guments in favor of the Interstate COM
mission apply with greater or less force
in favor of state commission. State
regulation of commerce is a necessary
supplement of Interstate regulation in
order to an even and symmetrical
control of the whole subject. If we stop
at Interstate regulation, the work is but
half done, and by far the most important
part to Texas is left undOne. Inter-
county regulation is as necessary in
Texas as Interstate regulation in the
United States, and the former is cor
ollary from the latter. Excessive freight
rates and unjust determinations in our
state commerce are as oppressive, as
obnoxious to public policy, and call as
loudly for a remedy as the same wrongs
do III Interstate commerce. The state
legislature of Texas, like the United
States congress, is too numerous and un-
wieIdly a body to do more than pass gen.
eraI laws on this subject, and, as con-
gress has done, should create a commits
sion with proper machinery under the
instructions of its general laws, and with
such discretionary powers as may be
needed, to regulate our state commerce.
The ever changing and varying condi-
lions of commercial traffic, and the diff
fering needs Of the different sections Of
the state, demand the constant presence
and supervision of an intelligent, well
informed regulating power, which, while
protecting the interests Of the people,
will deal justly and literally with the rail-
roads. The interval between the bien-
NAL sessions of the legislature, alone and
of itself, without inquiring further, dis
qualities that body for the work. 1t is
simply impossible and impracticable for
the legislature TO do it without the aid of
a commission, as it was found impossible
for congress to regulate interstate COM
merce without the aid of a commission.
We have q great mass of legislation on
our statute books designed for protec-
ton of our people against exorbitant
and oppressive freight rates, unjust dis
elimination, etc. but it is virtually dead
in the books. 1t is true that we have on
our dockets great numbers of damage
suits of killing stock, for injuries to per-
son and property III operating the rail-
roads, and other cases of like character;
but 1 am informed that suits for viola
ton of the class of laws mentioned are
rarely, if ever brought. The reason is
obvious, our business people, feeling
that they are in the power of the railway
operators, who can, by high charges and
determinations against them in a
hundred ways, ruin their business, sub
nit to unlawful exactions rather than
antagOnize them. Others, whose deal
ings with the railroads are only oc-
casionaI and in a small way, will pay
what is charged sooner than have the eX-
pense of q lawsuit. A commission
would vitalize this class of legislation,
would hear complaints of citizens, and,
with the aid of the attorney-genera and
the district and county attorneys, if
necessary, compel obedience to it.
Three-fourths of the states in the Union
have commissions to regulate their home
commerce, and the reports OF these state
commissions give great aid to the inter
state commerce commission in regulating
Interstate commerce. Texas, with her
vast interest in proper administration
of the interstate commerce law, should
have the benefit of this aid and assistance
to the same extent that the other states
are now receiving it