The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-02-14

argued that the words established" anC
regulate" meant one and the same thing
But if you study and follow the Georgit
case through you will find out the differ
ence. can't find any such meaning o
the words in any law book or dictionary
Under tho bill the commissioners car
make q sliding schedule of rates Is tha
permanent" in the meaning of the wore
Established" as defined by Webster? You
bill says rates not rate. Don't this mean tina
these rates shall be fixed according Il
different clsssifcations? Under the ordi
nary sense of the rules of construction
the legislature shall pass laws to establish
reasonable freight rates. 1t is clearly
then, the duty of the legislature, and mo-
of a commission, to fix rates. He could
not agree with Judge Woods politically a:
to the general welfare" clause in the
Georgia constitution, but commended thai
the true principle is that every power il
reserved, where not expressly conferred
in such instruments.
He argued that the bill gave the COM
mission Legislative power in section
and judicial in section 16. The commits
sioners would have the power to make
rates and fix rules, and no one would have
the right, even by evidence, to
show they have been violated
After judgment against a railroad
the commission could say, as has
been already suggested in the discussion
here, "Wo will grant you pardon if you
won't do so any more" 1t was never in,
tended that such powers should be con-
ferred on any such tribunal.
He argued that a commission was
against public policy for several reasons
Its tendency was to retard railroad build
ing, and drive weaker roads to consolidate
1t would force state traffic into interstate
channels and injure local trade. The in
jury will not be so much in freights as in
Determinations which the bill will in
crease. Besides it was not democratic Go
confer such powers upon three men.
Mr.. Gresham cited acts of the English
government and the authority of Mr..
Gladstone TIC show that the regula-
ton as to public roads did not
apply to railroads as ordinary high
ways. The right to regulate is
inherent in the people, and no Legislature
can deprive them of it. The interest of
the people of Texas is paramount to that
of the railroads. But while eve are here
to regulate them We should do justice to
all. Two years ago 1 told the members on
the floor of the house that it was two
edged sword when they were dealing with
the Traffic association; that it might be
against the spirit of the Constitution, but
it was for the benefit of the people, that
under it the weaker combinations could
protect themselves, but without it, would
go to the wall. When you put your ships
on the sea they 60 where they please, and
if they are prevented from competition in
in one line, they can go somewhere else.
Not 30 with railroads whose tracks are
permanent fixtures.
"Now what is the result of this? 1t is
that war is engaged in by the corpora
tions, one wrecking the other by the mere
force of dollars, so that it is not a question
as to the survival of the fttest, but the
richest. He detailed the facts as to such
struggles, and the strangling and absorp-
ton of the smaller lines by the great in
terestsa and methods of the Goulds, Hunt
kingdoms and VanderbiIts, and even here
in Texas, where, with the exception of one
or two small, struggling enterprises, they
had either been absorbed by consolidation
or gone into the hands of receivers. If you
pass this BILL" he added, Seven these ex-
oeptions will go to the wall" Even, in his
own experience, he had realized how hard
it was for little road in which he felt
an interest to resist the force which will
inevitably exert itself sooner or later,
till If you are not careful all your roads
will be controlled and managed by two or
three companies.
Mr.. Gresham referred to France as q
government having the best conception
of the subject. There the territory was
parceled out in districts to the several
roads, and each road prohibited from en-
croaching on another, and all being re-
quired under proper penalties to furnish
the people with adequate facilities of
transportation. But the country people
became alarmed at what they conceived
to be the inordinate power of the rail
roads and forced measure opening every
avenue of communication to COM
petition. They caught this idea from
their American and English cousins.
Finally little Belgian Jay Gould came
there with his scheme of combining CAPT
tai to build parallel lines. The people
soon saw that their capital in other lines
was about to 60 to the wall and invoked
the strong arm of the imperial govern
ment to stop it.
As to the Texas Traffic association, your
encouragement did what he believed was
his duty, and your supreme court, follow
ing the language of the Constitution, &C
quiesced in his action. Applause. But,
what has been the result? Who has paid
for that! Why, the people of Texas, and,
as the speaker demonstrated by figures, as
to the effects of changed rates and diver
sion from local to interstate and even
foreign channels of trade, it has already
cost the people of Texas millions of
dollars.
Mr.. Gresham further argued that the
bill would not reach large trade result
ing from our not being q manufacturing
people. In Galveston, for instance, the
merchants were shipping car loads
through that never touched any other
point in Texas.
Mr.. Jones-Are you an owner of any
railroad?
Mr.. Gresham-Only a very little, but l
am trying to get up one to prevent dis
elimination. am subscriber to a small
amount to centennial fund for little
bay road at Galveston, but if we're rail
road owner 1 should expect justice at the
hands of the Texas Legislature to protect
me in that interest. Applause.
At the conclusion of Mr.. Gresham's
speech the house adjourned till O'Clock.