The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-03-07
THE ooMM1ss1oN--BY o. M. ROBERTS.


AS lecture of mine has been published,
it is proper that should explain how it
happened.
About the time the legislature met an
old student of mine asked me to lend him
the lecture that had delivered in public
at the University two years ago on the
subject of "The Violation of the Right of
Private Property by American Govern
ment, and the Consequences Thereof"
and, upon receiving it from me, asked if l
had any objection to its being shown to
others or copied or published, to which 1
answered that had not any objection.
I supposed at the time that the obi ect
of getting it was to learn my views upon
some subject that had been or might be
introduced into the legislature, relating
to commission to regulate railroads.
The lecture was delivered by me under the
rule that each member of the faculty shall
deliver a public lecture at the University
during each session.
Though not designed to influence action,
1 had no objection to the use of the views
therein presented by any one who might
think them worthy of adoption.
Anyone who has done me the honor to
read my lecture must have noticed that q
commission was only
INCIDENTALLY REFERRED
to in the discourse, without any extended
argument upon the subject. At that time
was not aware that such measure was
likely to be advocated by leading states
men in this state. Still there was enough
said to show my opinion that the legisla-
= ture had no power under the Constitution
to create commission and delegate to it
the power to prescribe rates and fare for
the control of railroads.
1t having been published, / cordially
recognize the right of any gentleman to
oppose or criticise the views therein ad
vanced, if either his interest or inclination
should prompt him to do it.
Being otherwise engaged, 1 had
never read the commission bill
now pending before the legislature, until
after received The AUSTIN DAILY STATES
MAN containing Judge A. W. Ter
rell's argument in opposition to my
views as expressed in the lecture.
furnished with new theme for
another lecture to my law students-who
may be legislators in the future-when l
nave Glm6 10 WTlue III. IL 10, VI VIII uoJ Iuo
Commission Bill" which substantially
takes the management of the railroads out
of the hands of the chartered companies,
to whom they belong, and places them
under the control of three men who have
no interest in them. 1t presents too broad
a subject for such an investigation as 1
could give it at present. agree with
Judge Terrell that the mere "ipse dixit"
of any man, however distinguished, should
have no more weight than to excite in
quiry into the reasons for it. His com
ments upon my published lecture, con-
tanned in his published letter, induce me
to desire to give some reasons for what is
stated about commission in my lecture.
To make this article Ineligible within
itself, it is necessary to quote what / said
and tie principles set forth by him upon
which he sought to controvert it. In the
lecture it is said: "Fortunately, the rela-
ton between the state of Texas and its
railroad companies, and the power of con-
troll which the state has over them, are not
left to
UoTIvE CONSTRUCTION,
but ar med by laws under which
they cited, and by the Constitu-
ito 0ted in 1876.
L