The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-31
A RAILROAD COMMISSION.

Ex-Governor John @. Brown, president
of the Texas and Pacific railroad, ap-
peared before the house committee on in
ternsl improvements yesterday and de-
livered powerful argument against fur
Their railroad regulation by legislation.
Governor Brown is a gentleman of dis
tinguished ability, and handled his bject
in mastery manner. He made all that
it is possible for anyone to make out of
his side Of the question. But, notwith-
standing all the law he quoted; all the
facts and figures he presented, the fact
yet remains that a railroad commission Is
the only practicable method that can be
suggested for the effective regula-
ton and control of the railroads
of Texas. The commission is as
necessary as statutes for that
purpose; in fact, general railroad laws
without commission to look after their
enforcement would be virtual failures.
Railroad commissions have been created
and successfully maintained with great
benefit to the people, and without oppros-
sion to the railroad interests in nearly
every state in the American union. Prob
ably no state has more stringent laws
regarding the regulation and control of
railways than Nebraska, and yet we are
informed the building of new lines and
the extension of old ones was as ex-
tensivsly carried on in that state last
year as in states where no commission
exists. The interstate commerce COM
mission created by congress has been q
conspicuous success, which will not be
questioned except by possibly a few of
the leading railroad officials of the coun
try. Even in Europe, where railroads had
their origin, the necessity and benefits OF
com missions have been demonstrated be-
yond question. Some of the most dis
,tinguished railroad authorities in the
country have said the main prin-
ciple in view in fixing rates is
based upon what it is thought
the goods will stand" The mis-
sion of commission will not have that
end in view, but to see that rates are fixed
upon a basis that will be fair and just
alike to the shipper and to the railroad.
The railroads of Texas have certain rights,
privileges and franchises, but they have
no rights in derogatiOn Of the common
rights of the people. Whatever rights
railroads possess in this state were given
them by the people, and are absolutely
subject to their will. There is no prin-
ciple of law better established than that
the creature is at all times sub ject to the
creator. Whenever an exclusive privilege
is given to railroad it is at the expense
of the public. 1t was never intended that
a charter should give to railroad any
royal prerogative or to protect it as a mo-
nopoly. A commission is only precau-
ton to prevent the creature from extor-
ton and unjust discrimination against
the creator. A railway is only high
way, and in America all highways
are subject to regulation by law.
A railroad is as much public property as
a public office, and every citizen of the
state has vested right and interest in it.
The boosted vested right of the railroad
is upon lower plane than the vested
right of the citizen. If the vested right
of the railroads would allow them to fix
all rates of transportation it would be
within their power to make them so ex-
orbitant that they would destroy every
right of the citizen to transportation.
The vested right of railroad is found
only in its charter, which allows it just
and reasonable charges for the service it
performs and no more, and it is within
the province of the Legislature and the
courts to determine what are reasonable
and just charges.