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

,ns rous petitions which have been pre-
sented TO ma asking for commission ~
was no invasion upon the preroga'lSes "
Government. and, as to creating cour''
we have the right under the CONSTITUTIONS
ssnecially when required to save the peo-
pie from oppression. applause =. +bo
MIR. Levy spoke at length against u rt
bill. He commended while 1t was Iu1 uuvs
of the legislature to enact reasonable iaSo
the bill virtually proposed no real reneuy
beyoud what was already provided Tor un-
6sr the provisions of the Constitution Ior
regulating railroads, to say nothing OF tne
animal expense of not less than S2O,UOU'
He recognized that the legislature had the
RIGHT to correct abuses and prevent ais
elimination by the railroads, but ne was
opposed to the race horse methods pro-
nosed by the creation of a commission for
the purpose. The railroads were too large
and important an interest to the state 20
be made the subject of political machinery
The duties of commission should De az
ministrative, but the bill is unconstitu-
tional because it delegates to the oommls-
sion the duty of the Legislature to Tx rates
Mr.. Levy further contended that the
bill invaded private rights, and that the
railroads were persons in law and are
legally entitled to protection from suon
invasion. The powers which the bill pro-
poses involved the irony of desPotlsm'
Applause. A.,
Pending further consideration, the
house adjourned till O'Clock.
AFTERNOON SESSION.
The house resumed consideration of the
railway commission bill.
Mr.. Handy said: 81 am in favor of this
bill, because l believe it ia constitutional,
and that the interests of the state demand
it, and further because find that evidence
which has been produced sustsins me IN
the assertion that commissions have
been beneficial to other states and not in
furious to the railroads. 1t is a pressing
question npOn public attention and Will
not down at the bidding of any man or
class of men: What shall Texas do to
control railroads and other Corporate in
terests?"
$50 far that question has been but little
discussed on the side of the people, while
on the other hand the railroads, by able
attorneys and the shrewdest devices and
most plausible arguments, have sought to
confuse and confound the people, and
prevent discussion except from railroad
standpoint.
"No man places higher value upon the
railroads than | do. We remember well
that before railroads began to be con-
5tructed in this state the halls of legisla-
ton were thronged by their lawyers ask
ing for the rights which the legislature
conferred. There was combination in
their interests which it was as futile for
any one man to contend against as against
an army. They control the value of the
lands and products of the state, because
they control the avenues of trade. They
con parcel out the lands as if they owned
them. Damages to life, limb and prop
erty are regulated largely by their inter
ests.
"This bill proposes legal and direct
manner for controlling and regulating the
railroads. 1t is alike fair and just to
them and to the people. 1t don't take a
single right from them which they now
enjoy'as right, but restores to the people
some of the rights which the roads have
enjoyed. But it il said they have vested
rights upon which this legislature cannot
lay hands. 1t is the same old cry
wherever commissions exist. That com
missions are beneficial will not, believe,
be questioned, and the best evidence of
this is found in the fact that not single law
creating a commission, except in Tennes-
see, has been repealed, and this was done
in that state because of certain provision
of the law violative of the Constitution of
the United States. Judge Baxter's decision
did not declare that the whole act was
unconstitutional or that the legislature did
not have the right to regulate the rail-
roads. 1t was made a political question,
the democrats favoring, and the republi-
cans opposing, the law which made
the commissioners elective by the people,
and on account of the result of that cleo
ton the legislature soon after repealed
the law 1t is no logger aquestion as to
whether railroads shall be regulated by
law but how this may be done wisely and
fairly to the people and to the railroads.
A commission is the only practicable way
yet devised, and it may be fairly assumed
that competition is not practicable where
combination is possible.
"The more 1 study the matter the more
am convinced that the legislature has
the power TO create a commission. The
bill of rights to which all laws must con-
form says the people have the right to
reform or abolish their system of govern
ment as they deem expedient. As to the
question of specific powers. the Consti-
tuition of Texas authorizes the state to do
any act not specially prohibited. Then,
too, our Constitution prohibits monopo-
lies, and if railroads are not
l do not understand them.
As to the question of equal and uniform
taxation under article of the Constitu-
lion, this bill provides that the commits
slOn shall ascertain the value of the prom
erty OF the roads, and when ascertained il
will be the duty of the Legislature to pro-
vide for their proper taxation for the
general support of the government.
Under article 10 of the Constitution II ia
lear how railroads shall be operated
hat is, under such regulations as may be
by law. IL don't say that the
legislature alone shall do this, but the
legislature shall prescribe the manner of
making and enforcing such regulations as
nay be necessary. 1t makes them nublic
highways and common carriers. No ono
Will deny they are such and as SUCH thew
Ire as much under the control of this bod1
Is country roads, which are declared IN he |
public highways. And yet the lepislatnre
Ices not make these roads or repulate
mem by specific laws, that duty being
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