Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-22


coed to determine whether the matters
complained of are
VIOLATIONS OF THE LAW,
and shall give notice to said company of his
decision respecting'the same, and If any
such violations of the law is continued.
after the railroad company is so notified
or if the actual damage is not paid to the
party aggrieved within ten days after
such notification, he shall cause pro-
ceedings to be instituted against said
railroad company or companies to recover
the penalties provided by law. Pro-
vided, that nothing herein contained
shall be construed to prevent any citizen
of this state from bringing suit in his
own name against any railroad or trans
portatiou company for discrimination in
freights or passenger charges. Provided
further, that the penalties prescribed by
law for any charge shall not be recover
able unless the party aggrieved shall
give notice thereof in writing to the rail-
way company or to the agent demanding
or receiving same, and said company
shall fail within twenty days thereafter
to refund to such party aggrieved the
amount of such overcharge.
Article 1899, b. section Z, Sayles Civil
Statutes, provides for the imposition of
fine of $500, to be recovered in any
court having jurisdiction of the
amount for extortion and discrimina-
ton in freight rates. quote portion of
said article: elf any railroad company
shall wilfully charge, collect, or receive
from any person or persons for the trans
portstion of any freight upon its rail-
road, higher or greater rate of toll or
compensation than it shall charge, COL
lect or receive from any other person or
persons, for the transportation of the
like quantity of freight of the same class,
being transported from the same point,
in the same direction, over equal
distances of the same railroad, or if it
shall charge, collect or receive from any
person or persons for the use and trans
portation of any railroad car or cars upon
its railroad, q higher or greater sum than
it shall charge collect or receive from any
other person or persons for the use or
or transportation of a car or cars of the
same class for q like purpose, from the
same point IN the same direction and an
equal dist ance; or if any railroad COM
pauY shall charge one person more for
transporting freight of the same class,
in equal or less quantities, over Its road,
for the same or less distance, than it
charges another for the same or greater
distance, all such discriminating rates,
charges or collections, whether made d.
reotly or by means of any rebate or other
shift or evasion, shall be considered and
taken as prima facie evidence of extor-
ton and unjust discrimination, which is
hereby prohibited and declared unlaw-
full, and any railroad company or COM
panies, for such violation of law shall
forfeit and pay to the person or persons
injured thereby the sum of $780,.
Is 1t not remarkable fellow citizens,
that with all these laws on the subject,
with all these penalties against extor-
ton and discrimination that this country
should now from border to border be de-
a change? Demanding with
ruch emphasis that it amounts almost to
a commanding cry that the people must
be further protected. This demand of
the people of the state for protection and
for stricter laws for the punishment of
offending corporations indicates either
that the officers charged with the execu-
ton and enforcement of these laws have
failed and neglected to do their duty or
that this cry is baseless and without
cause. AS far as am aware no attor-
ney general or district attorney has ever
brought suit against railroad alleging
purely
DISCRIMINATION IN FREIGHT RATES.
No attorney general as far as 1 know
has ever brought and sue eessfully pros
souted an independent suit to cancel So
called watered bonds and stocks. or
ponds and stocks Illegally issued. With
The present excessive maximum fixed by
aw, to-wit: Fifty cents per 100 pounds
Der hundred miles, it is not likely that
my railroad will lay itself liable to a
suit for extortion. To me, fellow citi- |
zens, it is clearly indicated that the |
present government machinery is in |
adequate, at least it can not be |
'elied upon. What should be done |
low, is the question. insist that it is |
he duty of the Democratic party to say |
What shall be done. In determining |
What means are best to secure the reali- |
.ation of this demand of the people, the |
conditions peculiar to Texas as well as |
conditions common to other states must |
,e considered. 1t must not be forgotten /
hat Texas is but a part of this great |
lnion of states and has no power to con-
rol rates except such as are purely local, |
hat is within her own borders, from the |
Joint of shipment to the point of destina-
ion. 1t is necessary to avoid conflict |
With the Federal laws regulating COM
neroe. It is essential perhaps |
o steer clear of a collision with the |
United States judicial authority, the en-
roachments of which are now the sub
ect of grief and dread to the Democratic |
'atriot. The proper regulation of rail-
Dads is command from the people. In
considering this subject and devising |
'lans for its accomplishment it should be
constantly insisted upon that the rail-
Dads of Texas, railroads which she has
encouraged and protected,
nd proposes still to protect, must be
un in the interest of Texas rather than
n that of communities, cities and mar
tets outside. 1 hope and believe this
an be secured, secured without
my violation of justice, good |
aith or without shocking the
ensibilities of the most fastidious
Democrat. In my judgment this can be
ecured by establishing by legislative en-
ctment such q relation between local
ates (by local rates mean rates within
he stRte) and Interstate rates as will be
quitable and fair. 1t will not be dis
uted that the railroads of Texas hereto
ore have been run rather in the interest
f industries north and east of US than in
he interest of similar enterprises in