The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-05-22
B. WHEELER.
AUSTIN, Tex, May 10, 1890.

AUSTIN, Tex, May 10, 1890.
To the People of Texas:
Being an aspirant for one of the
most honorable positions which free
people can bestow on one of their fell
low citizens and it being impossible
for me to 60 into an active canvas at
this time / think it is due you as well
as mysel ito give you my views on the
amendment of the constitution for the
regulation of railroads, which now ap.
pears to be the leading issue of this
campaign.
1t seems to me that there can be nc
doubt about the State having the
right TO regulate the railroads. The
only question for us to determine is as
to the mode of regulation. I expect
to vote for the amendment, for as
understand it, it simply gives to the
legislature the right to "provide and
establish all requisite means and agen-
cies invested with such power as may
be deemed adequate and advisable"
can see no great danger in leaving it
to the good judgment of the repre-
sentatives of the people who are
elected every two years to determine
what kind of railroad regulation we
shall have in Texas, but / would not
vote for the amendment if I believed
it forced the legislature to give us a
commission with plenary powers.
Let us examine the article as
amended and see if its language sus-
tains the construction placed upon it
by many distinguished gentlemen. 1t
is as follows
Railroads heretofore constructed
or which may hereafter be constructed
in this State are hereby declared pub
lie highways and railroad companies
common carriers. The legislature
shall pass laws to regulate railroad
freight and passenger tariffs, to cor
rect abuses and prevent unjust dis
ordinations and extortions in the
rates of freight and passenger tariffs
on the different roads in this State
and enforce the same by adequate
penalties; and to the farther accom-
plishment of these objects and pur-
poses may provide and establish all
requisite means and agencies invested
with such powers as may be deemed
adequate and advisable"
1t says that the legislature shall
pass laws to regulate railroad freights,
etc, but when it refers to the legisla-
ture delegating its power it does not
use the word SHALL, but says: "May
provide and establish all requisite
means and agencies invested with
such power as may be deemed ade-
quate and advisable" GAS may be
deemed adequate and advisable" by
whom? OF course, by the legislature.
Then l take it that this whole matter
of commission and the kind of COM
mission we shall have must be deter
mined by the legislature after the
adoption of the amendment.
That you may understand my
position on this question,
I wish to state that if I should be
elected governor and the amendment
is adopted, and the legislature should
pass just, conservative commission
law, / would not oppose or veto it. l
would feel it my imperative duty to do
all in my power to make the law a
success. 1 would select the very best
men for commissioners who would &C
cept the position-men above reproach
who would not administer the law
in favor of any particular class to the
injury of other interests, but who
would protect the interests and rights
Of the people, and at the same time do
Justice to the railroads. l think can
see how a railroad commission of that
Kind would be beneficial. 1t would
give the State settled railroad policy,
10 that those who owned roads in
Texas, and others who might be in
luced to build additional roads, could
know on what they might depend. It
would also do much to allay this I'M
necessary agitation, which has never
the people in any way, and
las checked railroad building. An
,ther duty of the commission should
,e to collect information as to the cost
# building and operating railroads, the
transportation and classification of
reights, and any other information
which might be necessary to fully I'M
Ierstand the railroad question, and to
ollect and condense it in statistical
orm, to be submitted to the legisla-
ure by the governor, with such rec
as he and the commits
toner's may see proper to suggest. /
elieve that every man who has had
he honor of being in the legislature
ill admit that this information lis |
ecessary to secure wise, just and |
Elective legislation. IL should also be |
he duty of the commissioners to see
hat the roads construct good and
omfortable depots, keep the road beds
nd bridges in safe condition, to in
estigate and report the causes of all
ecidents, and to see that they give
he public satisfactory service.
The commission should also have
ne right to investigate any complaints
gainst the roads for overcharges, dis
or other violations of the
wv, and if nee essarv to cause institu-
on of proceedings in the courts to
,mpel them to do their duty under