Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-06-07
AN AMENDMENT.
The Legislature has Full Authority
Now to Regulate Railroads.
The Conflict that Would Inevitably Follow
the Adoption OF the Proposed Amend
ment-The Injury to the State.
BAIRD, TEX, June 4, 1890.

BAIRD, TEX, June 4, 1890.
Editor Gazette.
The one and all absorbing theme now, before
the people is the proposed amendment to our
constitution, by which it is held, the legisia-
ture viii then be empowered to create COM
mission to regulate railroads. 1t is held by
some of no little experience and ability, that
this can be done, that there exists an inlpera-
tive necessity for such, and that the commission
should have plenary powers. Does such rea-
soning present itself to the mind OF the I'M
biassed and free thinking citizens of Texas?
Is there any necessity for such an announce
ment. If, as said, the object of this proposed
amendment is to empower the legislature to
create commission to do that for which there
exists constitutional authority, TO dis
pei such an idea it is only necessary to refer to
Art. 10 Sec. of our constitutions: The legls-
lature shall pass laws to regulate railro freight
and passenger tariffs, to correct abuses and pre-
vent unjust determinations and e1tortions in
the rates of freight and passenger tariffs on the
different roads in this state, and shall from time
10 time pass laws establishing reasonable max
imum rates of charges for the transportation of
passengers and freights on said railroads and
enforce all such laws by adequate penalties. -
This proposed amendment is verbatim the pres
emit constitution down to 9nd including the
words, different railroads in this
state and in lieu of all thereafter
it reads as follows; And to enforce
the same by adequate penalties; and to the fur
Their accomplishment 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
is obvious from mere glance at the present
constitution that our legislature have the right
to do any and all things necessary to regulate
passenger and freight tariffs and to do all things
which could be done under the proposed amend
ment. except to create a commission. A few
of said section of her constitution, limit
ing the passenger fare to three cent
Rng un Rif discrimination ePG I prescribing
penalty OF $500 for the benefit Of the person in
jured by such act. The validity of that law is
not now questioned. By parity of reasoning,
cannot the legislature enact laws placing the
freight charges at so much per 100 pounds for
such and such distance, correct abuses, etc,
and enforce all such laws by adequate penalties?
the complaint is of the great abuse by the rail-
roads. Now, il it is an abuse that is sought TO
be remedied, it is clear that the constitutional
authority to correct such is given to the legisla-
ture, The legislature has the constit utional
right to create other judicial tribunals, but to
empower ''non-judicIal tribunal to exercise the
powers of the three great governmental depart
ments is to create a sub legislature subscribing
of the fundamental principles of our government
and such should receive the rebuke of the coun-
try. The attorney general, by legislative enact
ment, brought suits to and did forfeit the char
tiers of railroads, place them in the hands OF re-
ceiyers, cause them to put the roadDeds and
rolling stock in good condition, to keep their
principal offices in this state, and destroyed by
legal decree the traffic combine and unauthor-
lied insurance;agenoies, on the ground that such
were abuses. Corporations as individuals must
be controlled, and when, we have legislature.
troll them why the necessity of this
popular fallacy, a commission, no less
glor ious to the politician than ruinous to
the country. There IS a rule in grammar, that
the ''fewer words used the better, provided the
sense be clearly expressed and a like rule of
government that the sbest government is that
which governs least A multiplicity of laws is
as much abhorred by the people a vacuum is |
abhorred by nature, and the result of an unnec-
lessen the reverence Of our people for that which
is the safeguard of their liberties.
1t is a step towards Capitalization. A COM |
mission of three men is proposed, and also with |
power to enact rules which is tan
tamount to power to legisiate. Such power |
then is taken from the legislature and vested in
this commission. 1t is said the legislature,
of 300 men, chosen for their fitness to
cannot enact laws to be enforced but |
the future should these three men fail it would !
then be natural to suppose that one man could |
accomplish the proposed ends. and hence one |
man commission, The blair bill'' was de- |
feated, as having bad tendencies. by way of |
open ing avenue for the encroachment upon |
States rights One step in the wrong direc- |
ton once caused great government to crumble |
and fall, and this proposed step, If carried, will
dampen the spirit. of enterprise of our state, |
drive capital from her borders and leave still |
resources placed here by the great |
God Of nature for the use of his creatures. |
Should this amendment be adopted there would |
be then grave conflict.
This proposed amendment would empower |
this commission to regulate freights, tolls. |
shell to sections 3, article II of the constitu-
ton, which is that the power to so reg ulate |
freights, etc., ''shall always be under legisla-
tive control and depend upon legislative aut hor-
ity.'' A conflict in the statutory law is no less
EN- barrassing to the Judiciary than a conflict in
the organic law is dangerous and ruinous to the |
people, and should the advocates of this nefar-
ious measure be successful, it would be but
. short time that the people would awaken to
the true sense of this dangerous position, and
those now whom they follow in their parties
leading but TO disaster will be like the Inisera-
BILE jailer who, when the doors of his prison
were thrust open and the walls began to totter,
fell down before Paul and Silas and said: Good
sirs, what shall do to be saved" Texas now
is without equal in her great and rapid strides
10 political mechanical and agricultural SUI
premacy, and it is the duty of her patriotic
citizens to guard jealousy and zealously her
great and growing interests, her fair
name both at home and abroad, and
give to the poor and the rich, the
and the corporation, the native and
the foreigner, such encouragement to ''labor |
and to watt - and such protection to person !
and property as characterize courageous, pa
.riotic and Just people. Then East and West |
Texas will Join hands and be lone the ocean
and many as the waves, - free, Hberty-lovlng |
and fair-dealing people, rejoicing in their union
Of lakes, their union of lands and their union
hat none can sever. F. S. BELL.