The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-02-28
AFTERNOON SESSION

senate adlourneu uulii -'00
AFTERNOON SESSION.
Senats was called to order at $3.50 p m
Quorum present. Petition oy Senasor
Claiborne from farmers of Galveston
county favoriug a railroad commission
bill. Az
Senator Mcdonald took the floor on the
commission bill. He opened his argu-
ment by stating the most marvellous thing
in this part of the nineteenth century was
the growth of corporate enterprises. how
much good was due to suoh corporaee
existence could never be definitely esti-
mated. Such vast and powerful agencies
were always shining mark for tnose'
who, like the poor We have al
WAYS with US, the demagogues. A re-
mark Of ex Governor Browns had struck
him most forcibly-that every other IN
terest had representation in the legis-
lature except the railroads. And yet the
railroads of this state represented NIL
lions of capital. They should have tnelr
interests protected, together with all other
interests of the state. why DID NOV
Judge Terrell, if he had, as he claimed, the
power to dictate to the Dallas convention
what plank it should adopt why did he
not say what he meant and speak out
boldly for commission. That
plank was written by an ex-
senator from the Panhandle. The
platform committee refused to adopt
Judge Terrelrs resolution. He declared
he was in the Dallas 20 lvention and had
heard nothing about commission. mat
plank does not mean a commission. IL
means only and absolutely this: Fair
play" Fair play for the railroads and
the people. On that declaration the people
and the railroads can safely lean. He
read at great length from the statutes
showing ample legislation forbidding dis
elimination and extortion in freight
charges. He claimed there was sufficient
law on these subjects if properly en-
forced. We had better try the laws now
on the books rather than branch out in
new directions. As to all Glasses of de-
tests in railroad construction, the keeping
of tracks and rolling stock in repair, as
TO all delays and obstruction in handling
freight, there was full and complete legis-
lation. Any citizen, however humble,
could appeal to the ttorney-general,
whose duty it then was to see such defects
and wrongs complained of were at once
corrected.
He went very fully into the history of
the railroad legislation of the state, show
ing how fully the whole subject had been
covered. He believed we needed no new
laws. If present penalties were not large
enough, increase them: bat we want no
experimental legislation in this subjec
He read at length from Judge Terrells
answer to Ex-Governor Brown, and as he
read, answered points in their order as he
had shown there was no need of the extra
legislation demanded by Judge Terrell.
He referred to the Office of the attorney
general and his duties, declaring such an
Office was worth more to the state than a
thousand commissioners. AS at present
constituted, the attorney general and his
corps of helpers were not men who ha
shrunk from before the brlstling front Of
corporate power. They would push the
railroad as far as it was necessary. He
read fromthe report of the attorney-gen-
eral showing what had been done by that
department to correct railroad abuses.
With such examples of efficient service, he
asked what need OF some other agency to do
the same work-what necessity for COM
missionH He read from Spoffords a.
manac showing the average cost of rail-
roads of the United States was
$4,000 a mile, and the average
bonded debt $4,000 mile. As
to payment of dividends, the conditions
here in Texas are not such as to warrant
them. Too sparsely settled, too little ton
mage and too vast area, failure to pay div.
idends means that and nothing more,
Upon the constitutional question he de-
clared the phraseology, the legislature
"shell from time to time," cuts out all DOS.
sibilitY of establishing commission
Once create commission and it would
then make it impossible for the legisla
ture "from time to time" to fix the maxi.
mum of freight charges. 1t would then
be the work of the commission and not OF
the legislature. The words reasonable
rates" meant reasonable" to the leeisla.
ture, not to some commission; and the
legislature could not grant that right tc
decide the reasonableness of rates to any
other tribunal than itself. railroad as q
common carrier is not dependent alone
upon its charter for the right to collsc
fares-it has such right as an inaliena
BILE right from the very nature and charac
ter of its work. Such a right has beer
recognized for five centuries, unaffected b,
constitutions and laws.
He paid an eloquent and most polished
tribute to the name Of Hon. A. NJ. Roberts
and quoted his opinion as being directl,
opposed to the constitutional power OF
the legislature to establish railway com
mission. He read other authorities tc
the same purpose. He characterized the
house commission bill as a remarkable
document, and he hoped when ever,
vestige of our civilization is swept away
that that bill would remain as evidence
to those new races of what manner OF
people we were. He handled the bill
without gloves, piling upon it all this
idlcule possible to be imagined by the
most versatile genius. His arraignmen,
of it was most scathing. He pointed out
the sparse population of Texas and our
need for more people and more railroads
The people are aroused, and petitions are
rolling in from all quarters protesting
against the commission bill. The peopIe
wanted an era of peace. He wanted the
| DeODle and the railroads 70 ,boL. =,