Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-06-09

The fathers who founded this form and sub
stance OF free government under which so, 0OO,-
600 of free men in their forty or more state gov
ernDlents have arisen from a scant ,O00, 900
within a century, declared, as a fundamental
principle that it should be divided into three
departments, viz; The legislative. executive
and judicial. And from these three sources have
been drawn every single power necessary to the
maintenance Of free Democratic government
And recognizing the fact that too much power
might be exercised over the people, even under
these three grants, they wisely and as II by IN
spiration added: ''That person OF either
body ofthese magistrates should exercise any
(even the least powers of another department.
And right here in the very teeth Of this great
check and balance 1t is proposed that 3 new
body OF three magistrates shall be established
to create and exercise the powers Of all three
without let or hindrance 1t will not do to say
that the courts can control them, for II they 1911
within the jurisdiction Of the courts TO control
them then it follows, as day follows the night.
that the courts are already empowered 70 90 All
that this Wanted commission can do and more
Herein it refutes itself and displays the truth
that it is shame and fraud invented for the
purpose of afording a hue and cry for designing
politicians and ambitious men TO run into favor
and office under.
It is nonsense to say that it can do more good
for the people than the legislature in the legls-
lative department, than the judiciary in the
judicial department, than the governor and
those under him in the executive department
For IL these things be true then we may ali ex-
claim, eureka, eureka! for we have then indeed
solved the question of government and dlscov-
ered a better form of government than this we
now enjoy. If it be true then that the present
machinery may De dispenser WIN anu tEiuHl-
virate established upon its ruins; if it is good
for controlling corpora tions it must need be TOR
controlling the individual citizen. II 1t Is be-.
ter than the present FORM in Gods name ana
in the name OF liberty and economy let 1t be del
clared and let select our triumvirate. II II
be not true then 1t is au innovation upon the
form and substance of the government we have,
which is the embodiment OF American deTaoc-
racy But it is false. 1t is the Trojan horse. It
is a present from the Greeks and ''Tineo dan
nos ct dona ferentes.'
So much for this view, and now let US look IS
it as question of material interest. What VIII
be its effects and its probable operahonE Is u
new idea? Why bless you, New England mas
had patent right'on it for thirty years or more.
II has been tried and tried, and tried in Its
plenarv form in its modified form, in its sooth-
ing syrup form, each one OF which Is now being
proposed to you. In every instance, as my in
formation goes, it has degenerated into the
mildest kind of bump on log. snau
not go into details but want to ask your alton
ton TO one or two points.
Georgia aud Mississippi. INDUCING in this mild
form of dissipation. Are they or Texas build
ing more railroads now? Are they or Texas
moving forward in improvement and progress
faster? Are the farmers of those states moving
to Texas Texas farmers moving there? Is
rapidly? And now, ask you, are the rates for
freight or passengers lower in those states or
Texas? ask you II, considering tonnage anu
capital invested, the rates OF freight are higher
here or there?
Set us see what the facts are. From Poor's
Manual and the state comptroller's report, both
for i $685. it appears that the average tonnage to
the mile on Eastern roads is 1850, upon which
the charges ere nine mills, and the Texas tom
mage is 9l4, upon which the charges are thirteen
mills. So while the roads of our state haul 9ls
tons per anuum, the Eastern roads haul $3.50, or
more than four times as much, and, notwith-
standing the investment Of material Is the same
conpa' atiyely, the charges are only about 40 per
cent. more.
The passenger rate in Texas is three cents per
mile with very little competition, while IN many
other states the rate is five cents. Passenger
rates were reduced by law from i've to three
NHN1e hsTI
lative control, what more could q commission
do? The state not only has but exercises the
power to regulate charges through the legiSla-
ture, and will continue to do so as the ex-
egencies of the service may require. 1t being
known to all men that the state has and at its
discretion exercises this power through the legis
lature, what good are we to achieve by creating
= commission?
The state has the power of inspecting or, as i
is called in the books, visitation and may NJ al
times inquire into the management and conol-
ton OF these corporations. But TO sum up the
and endowed these institutions and has the
power OF visitation and the absolute control OF
any and every act which they can perform, what
is there to be desired that commission could
accomplish?
As to ther control aud in every respect civilly
they are liable to the same control which the III
diYidual citizen is subject to and amenRble to
the same legislative, judicial and executive
methods. Now let US see in what respect cor
poration differs from citizen, only es to ic-
ability to criminal prosecution, and this differ
ence is imaginary rather than real. corpora
ton is q myth, An idea, has no substantial being
or existence and can only act through Its ser
wants and agents, to whom entrusted the
exercise of its powers and functions.
1t cannot do an set, but in its name its agents
exercise the civil power of the corporation as
that he would be, il acting for himself, civfIy
liable. The corporation is lisble. The corpora
ton has no po. ers conferred on it other than
civil and hence any Grimm al act done by one OK
its servants agents cannot be the act OF the
corp Grafton, but must be tAe act of the person
he ia m
inal law, for no matter what may be the means
employed in the commission Of such an
act, il harm be done to another by af-
frmative intention or culpable omission So CHI
act would be criminal under the law and
the perpetrator responsible. 1t is no
matter how a homicide be committed,
whether it be by poison, knife, pistol or
abroad machinery, il Intentionally or ,negli-
gently done. it is murder. manslaughter or neg
ligent homicide, the facts would class it I'M
der the Law, and whoever shall do it or,negll-
gently perniFto be done is criminally RESPONSE
things, It has no power to do or employ to be
done unlawful things. So it would appear,
then, that the citizen is protected against corpo
rationS by the civil law and against the unlawful
sets OF its servants and agents by the criminal
law, Just he is against the unlawful acts OF
other persons. And IL there were, but there is
not, any want of further legislative action in
this behalf, the established legislative depart
ment is fully empowered to supply it. Then
why the necessity for changer
But there is another side OF the question, and
that is what will be its effects upon the mate
rial interests OF the country W Ill IL SL1mulat0
the building of more lines Of railr DAD sup
press it? WI men having the capital to invest
in railroads investlt here when it is subject TO
the control and ma nagement OF strangers Sc
lected in spirit OF hostility 10 these institu-
lions. or viii they go elsewhere? Will they
throw out the millions it requires to construct,
equip and operate railroads to be handled by
those who. empowered by the constitution and
law to direct its use and expenditure, are Sc
lected by sentiment OF hostility to its owners.
when they can go to countries and states who,
appreciating the advantages and necessity OF
these great arteries OF traffic, exchange and
and protection 20 property?
But again: Here stand the people OF Texas
inviting immigration to their state that their
waste places may be built up and that their fer
tile lands may be cultivated. Thousands Of her
citizens are land poor, owning millions of broad
acres and unable to sell or lease il. Taxes upon
taxes and no revenue from It. 1t is like the man
afoat in mid-ocean: water, water every
where and not drop to drink. - We see rising
in the north, in the cast and in Europe spirit
of enterprise and investment directing ita
course toward Texas. Day after day our citizens
are inviting to our state and escorting through
it visitors whom they hope to induce to settle
their Drawn, their muscle and their
manhood. What is the purposef It is that our
people may be benefited by getting the capital
by sale of a portion to occupy, cultivate and SO
utilize the remainder. Il is that our great state
may develop and grow and prosper: that an
overlooking abundance of the necess4r1es and
Injuries Of life may be produced for the susten-
ance Of our own people, and the distribution Of
tina remainder over the markets OF the world
and so cheapening its living that the poor Of the
earth may be able to enjoy the fruits thereof a.