Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-04-18
HON. GEO. C. PENDLETON.
He FayOrS Railway Commission and
Gives His Reasons Therefor.
Opposes Bonds for Road Improvement-"Our
People Should Leave No Stone Unturned
to Secure Deep Water"
Bolton journal.

this fact representative of the Journal called
on him at his residence, when after the usual
SITUATIONS, the following conversation &C.
CURED:
Reporter-Mr PendIeton, in view of the fact
that you aspire to. a high state position, would
you object TO, giving yOur opinion on the issues
likely to be the most prominent in the coming
campaign?
Mr.. Pendleton--I am not only willing, but
think it the duty of every public man who asks
the endorsement or the people to have positive
opinions and to express them when called upon.
Reporter-The question OF railroad regulation
seems to be the most important, at least to
occupy saost of the public attention, suppose
thatwaSegin on that?
S1fE Pendleton-Railroad corporations being
3efeatures of the state, the right to control and
regulate them is not denied. The duty to do so
IS apparent. The method and extent of this
control is open to discussion. Some very good
men have doubted the power of the legislature
to create a commission and give il authority to
fix rates for freight and passage.
At the next election the people will vote on an
amendment which, if adopted, viii make legis-
lative authority perfectly clear.
l favor the adoption of the amendment and
shall favor a commission law, giving to the COM
mission such power as after thorough discussion
IN the legislature may seem necessary to protect
and TO do justice 10 both the people and the
railroads.
OF course the legislature ought to do all that it
car better do, and leave to this commission no
more discretion than seems absolutely neces-
SSrY, though the power to fix rates, at least
to revise them, could be more satisfactorily and
inuelIigently performed by the commission. By
revision l mean, that if the rates adopted by
any company seem to be unjust, the commission
might call their attention to the fact, then if the
company refuse to make the necessary changes,
they could be made by the commission, giving
the company at all times the right of appeal to
the courts. hope ana believe that our courts
Will always protect liberty and execute
justice.
If the time ever arises in cur history when the
people lose confidence in the integrity, impair
TALLY and wisdom OF the Judiciary department
of our government, then indeed Will patriots
tremble-
The rights of the states on this question of
railroad regulation have been before the United
States supreme court, and although am not
lawyer, 1 understand that these points have
been established, to-wit: That the legislature
may create a commission and authorize 1t to III
rates. That these rates must be reasonable
That the acts Of the commission are subject to
judicial examination.
These decisions seem to be emInently proper
and Just, and any bill passed by the legislature
should be in line with them.
/ think that there are very few advocates of a
commission who desire any more than this. |
certainly do not, and when the opponents of
commission assert that desire TO subject all
the railroad interests of the state to the capri
ciOuS whims of an arbitrary and irresponsible
body OF three men, they do us injustice.
one OF the principal purposes OF a COMMISSION
should be to execute the laws passed by the leg
islature. 1t should only do what the legisla-
tuTe in its limited session cannot have the time
0 knowledge to 90.
Report er--Ha7e the railroads of this state
given sufficient cause for complaint to justify
and require such supervision?
Mr.. PendletOn- We have probably been rs
wei treated by the railroads any other West
eTn or Southern state. Still we know that they
discriminate in favor of the long haul to
greater extent than is just, and the suspicion is
abroad that as most of the owners live in large
cities on the Northern sea board, that the freight
rates so framed as to discriminate in favor of
board towns, and in favor of the middlemen,
producers and consumers of other states against
the same classes here. I can illustrate my
meaning by an example. l am informed, l
think reliably, that the rate on a certain sort of
freight from Fort Worth to San Angelo is 81. 20
per 100 pounds; from Cincinnati to the same
point the rate is 81. IS. The rate per carload
on lumber from Texas mills to Kansas is $50.
20 Bolton 1t is S2l. or dollar more for
less than one-fOurth the distance. OF
course they can haul cheaper in proportion for
a longer than for a shorter distance and per-
haps should be allowed to do so to a reasonable
extent but to say that the actual cost of hauling
1000 miles is less than to haul 200 miles is non
sensicai. So that it seems rates are based not
the cost of service, but on what the traffic will
bear, and we think that much of the local traffic
is made to bear more than its proportion, though
we have still more cause for complaint from dis
elimination than from high freight rates.
Reporter-NoE, Mr.. PendletoD, that you have
hold of the subject and pass law to remedy it,
and prevent injustice in the future?
Mr.. Pendleton-The legislature might pass a
portions Of the state are so different that it could
not fail 70 be unjust either to the people or to
the railroads.
Some such bill as presented TO the Twen-
tieth or Twenty-hrst legislature allowing the
rail roads TO charge no more per mile for local
than for interstate traffic could be adopted, but
il would IN many instances be both hardship
and an injustice to them.
Whatever bill we frame should be moderate.
conservative and reasonable, remembering that
the railroads have been one of the most potent
factors in the development of the country.
Legislation of this character being largely eX-
peTimental, should De pursued with caution.
Reporter see, Mr.. PendletOn, that the anti
commission papers of the state derive good
deal OF satisfaction from recent decision OF the
supreme court of the United States taken up
from Minnesota. What do you understand to
DE the scope of that decision?
: Mr.. Pendleton-I have not seen the full text
but understand that the legislature of Mime
sofa passed an act authorizing the commission
to fix rates Of freight and passage, and denying
the right Of the companies to appeal from the
decision OF the commission to the courts of the
state. The railroads appealed to the Federal
courts with the result reported in the papers. L
do not think the anti-commission men have any
more occasion for rejoicing than the advocates
of lust commission. It will be a sorry day for
freedom when the highest and lowest, best and
worst of our people and interests including the
railroads denied access to the courts
ture ought to be subject to judi
cial examination and decision, then why
should its creature the commission be higher
than its creator? suppose that the farmers OF
Minnesota like ours have suffered from high l
freight rates, but 1 regret to see the action Of
the Farmers Alliance of that state in oeaSuT-
ing the supreme court for its decision There
are other causes for financial distress besideSs
railroad exactiOns, and we should all remembeFsf
that the only security for our liberty and pros
perity is a strict adherence to the Letters and |
spirit OF the constitution, which give eveHtp the
meaneSt citizen the right to enter the poFsAls of
Justice and have his grievances redressed.
ReDorter-Another claim made is that the |
courts have decided that the rates of freight !
must be reasonable, and that the commission |
cannot finally determine the question, but that |
the courts may do it appeal from the decision |
OF the commission.
Mr.. Pendeton-Yes, this think was decided |
in some case that went up from Florida, but |
reasonable is a very indefinite word, and the q
query is: Would the courts decide that rate |
based fair interest actual cost of the rail-
road is reasonable, or would they require US to |
pay interest on all the watered stock and bonds |
before we could reduce rates? This would be so |
absurd and unjust that it is my firm opinion that
the courts will decide If the commission leave /
the railroads a fair interest actual cost or /
present value it will be reasonable. The COM
panes have right, legal or moral, to claim Il
more than this, because nearly every road in this
state has been built and issued its stock since the
adoption of the present constitution, which con-
tainS the following provisions: ARTICLE 10, /
section S, No railroad corporation in existence i
at the time of the adopIi on of the constitution
shall have the benefit of any future legisla- /
ton except condition of complete ac- /
ceptance of all the provisions of this constitu- l
ton applicable to railroads. - art. II. Sec.