Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-04-21

ofSoers are bound by their oaths TO obey it.
1t is the peoples will promu gated as sovereign
law. / therefore in the outset felt that before
the nominating convention was held, II was
but reasonable aud Just TO the puhlic anu 70
candidates that they should discuss only snch
questions and policies Efe within the con-
stitutional powers of the legislature Ihere is
amendment, however, proposed oy the last
legislature that will have TO be voted on at the
next general election, which, if adopted, Will
remove the existing obstruction 10 the power
Of the legislature to pass a law creating com
railways OF this state. II that amendment Is
adopted, all admit that it is equivalent to
sion shall be created. The governor or the leg
islator who takes the oath TO sup.
port the constitution win be bound
to respect all the obligations OF con-
sciencious official and to obey that mandate.
Whether, therefore, he is now in favor OF a
stftution that imperatively requires the creation
Of one, as ours would on the adoption OF that
amendment which, under the peculiar clrcu4n-
stances Of its submission, presents the issue SO
sharply and pointedly, he could not IN SELF
respect and only in defiance of the will OF the
people and the oath he takes, oppose one: us
convictions would have TO be surrendered 10 ths
obligations imposed upon HIM ty the cohSIi'"-
ton
So, nv fellow citizens, the question OF the
creation of a commission after al necessarily de-
ponds upon the adoption OF that amendment.
If il is not adopted, then lawwill not be passed
creating one. If II is adopted one should be
created. 1t might be conftended with much
force and propriety that this issue should be re-
Notwithstanding this, the opponents OF inst
amendment; have opened the discussion, thrown
down the gauntlet and have made us aqopIlon
the issue to be settled so far at least as the can
didates are concerned. in the state convention
the 18th Of next August. They have pressed
II into the preliminary campaign ana are testing
the fitness Of candidates by the convictions they
entertain with reference TO it. They pretend 10
object TO me, not for the convictions have IN
der the constitution it is written, but Tor the
yC0e l shall cast at the election and the ooeui,,
ence ] shah render to our fundamental law II
that amendment is successful. have no dlspo-
sition to eyade the issue, and shall meet II, al
here 70 my principles. participate IN every con.
test they may provoke, and accept the result
when il is declared.
RAILWAY REGULATION.
j am IN favor of the state regulating and con-
trolling the rates OF railway traffic having origin
and destination within her limits, to the end
that Justice may be done the public AS an IN
strument tor this purpose, II am eIectea gov
eTpor and the constitutional amendment IL
adopted, shall do my part IN having an ehect-
i've railway commission created and clothed ~s92
all the powers necessary to make, esIabIlsh anu
maintain, under rules prescribed by law, rea-
sonable rates of charges for the transportation
Of passengers and freight, We.
the formidable corporate and political influence
that shall have to ccmbati but have faith that
the power of plain truth VIII carry conVic-
tion against the turbulent stream of preiu,,
dice, over artful soPhistries and
establish. sound doctrines IN the nIpds aHd
hearts OF an independent, Just ana palrl0tLSs
people. Let facts be stated, truths told, the law
explained, a decent campaign made, and cor
rect verdict will he rendered.
Railroads are public highways. They are ex-
pTessly so declared by our constitution and the
common law. The principles which control ana
ment itself, and were In effective operation long
before the great author OF the declaration OF
independence WIS born; nor did he ever ritter a
wopd to change them or question their sound
ness. Public highways used to be nothing
more nor less than wagon roads, open 70 an VINO
wished to travel over them on horseoackl 1901,
in wagons, in any other mode suitable 10
their own convenience and tastes. They were
then, as some of them are now, Kept In repair
bv the labor and at the expense of
the people. TO perfect and keep these
highways in good seTvieeable conallon
for the convenience and advantage of the public
contracts were made by the goyernmentW)tR
private parties associated together on stIpula lated
conditions, privileges and rights to be per-
formed and enjoyed by themselves. Such con-
tracts were called charters, amp the associations
of people who entered INTO them were known as 4
private corporations. These corporations got
their pay for building and keeping up the pubic
highways by charging people toll, rate,
tax, who hauled load or travelled over them
The right to collect tolls rates for the use of,
the roads was called a franchise conferred by
the government on the corporation through the
charter contract. Without the government
consent the corporation could not collect the
toll; nor could it collect higher rate than
such the government agreed. Many OF you
well remember the Old turnpike roads kept up
bv corporations in Virginia, Tennessee and other
states aud the tolls you had to pay II you Travelled
over them. You also recOllect that the rates
were posted up in plain letters at conspicuous
places SO every one had notice IN advance OF
what he had to pay for the use OF the road.
These items of charges were simple and few, but
were fixed by law. This was the REGULATE on OF
rates of private corporation that owned or
controlled a public highway; simply that and
nothing more. In the first instance the govern
ment had the power, which # exercised, OF tax
ing the people to keep mp the highways Tor pub
lie use. Instead Of taxing the whole people to
keep up road through particular section, the
adopted of making those pay only Who used il.
Subservient to that end and to relieve the gov
eminent Of such expense and trouble,
endowed with power TO exercise that
sovereign authority, As creatures OF the
govern ment in enjoyment OF delegated
prerogatives upoa expressed and implied limita-
tons such corporations became and have ever
been subject TO reasonable public control and
Beginning with common earth roads graded
and leyeied, public highways changed not in
principle but in condition and methods OF use
and enjoyment. Passing through many trans
mutations, from the plain DIRT road to the gravel
way, from the latter to the horse-car lane, and
from that TO the steam railway, the public nigh
way developed, as it is now, into the greatest
civilizer known to civilization, indispensable to
the wants of commerce and to the wants of the
public has never escaped the control OF the
power that gave it life. So long as they were
simply earth turnpike roads but little or nps4
question was raised as to the right of the gQf-
eminent TO control or regulate them; but since
they have become laid with post oak sleepers
and steel rails, ballasted with seR-sheils,
equipped with fine coaches, propelled by steam
engines and controlled by magnates, pools and
combines. they are defiant OF law and revolt at
public control in all respects. They now
called private enterprises. -
Those who write editorials, prepare inter
views MAKE speeches and whisper into the ears
of eager listeners against state regulation OF
tn cir trafac rates, say it is ''undemoeFatio -
and sound the alarm of ''paternaisn'' and
personal liberty All OF a sudden they be
come patriotic and soleitous and pretend to fear
the fundamental principles SO necessary to
the perpetuity of our form of government viii be
destroyed. Some of them question the right of
the state to pass such laws. Others more in
formed are too considerate and cautious to
venture vet awhile quite so far, but content
in their efforts to alarm the business classes.
In discussing the question they assume the
railway company to have the same legal status
as a citizen OF a business firm. They try to
make it appear that the principle which would
permit or justify the regulation of railway
charges would authorize and lead to the regula-
tion of the price of goods, of wages or the
charges Of hauling by individuals ia their We
hicles for private purposes. They know better,
but make such arguments to confuse and emhit-
ter the people against the amendment. To draw
q distinction furnishing an answer TO all such
decisive sophistTy; The government is the
creature of the people. II is by, of and for
based upon the fundamental law called the con-
stitution. That instrument expresses their will
which, in theory at least, is supreme.
Railroad companies are the creatures of
the government and have no voice in