Brenham weekly banner. [volume] (Brenham, Tex.) 1877-1907, 1890-08-14
: THE COMMISSION AMENDMENT.

state constitution, commonly known
as the commission amendment, are
commended to the annual address OF
Mr.. W. 7. Lightfoot, President Of
the State Bar Association, read be-
fore that association at Galveston
on last Wednesday. Mr.. Lightfoot
considers first the right of the legis-
lature to enact a law creating com
mission and concludes that it has
the right to do SO without an amend
ment of the constitution. He re-
views the decisions of the supreme
courts of Florida and Georgia hold
ing the laws creating commissions
in those states to be constitutional
under the constitutions similar to
ours, as we'll as the decisions of the
supreme court of the United States
which confirm in the right of the
states to regulate the railroads and
fix rates between points within the
state. In strictly non-partisan and
judicial manner the people are in
formed of the history of railroad
regulation by commission as made
by the courts, and the principles of
law involved therein are fairly
discussed and the whole question is
summed up with suggestions as
what the powers of a state commits
sion would be in view of the recent
decision of the supreme court of the
United States in the Minnesota milk
case. So much of Mr.. Lightfoot's
address as is pertinent to the dis
cusslon ought to be printed for gen.
eral distribution.
Scruples as to the constitutlonality
OF a law creating a commission,
should one be passed under the con-
stitution as it is, caused the Twenty
first Legislature to submit to the
people the amendment about to
be voted upon. The argument
that it is unnecessary should not
weigh feather. 1t is necessary if |
it was so deemed by a sufficient |
number of the members of the legis-
lature and caused the defeat of bill
for that purpose and the submission
Of the amendment. Tie principal !
comes from the railroads
themselves, while some comes from
persons who are honestly opposed to
that in early times would
have been regarded as of doubtful
character. All concedc the right of
the Legislature to regulate and con-
jrol, but the method is denied. A
law regulation of carriers
when commerce was young can
hardly apply to the immense traffic
II the present time. Although our
ederal and state constitutions are
written there are constitutional prin-
,iples always growing to meet the
sxigencies of government. They
ire to be found in the decisions of
earned judges of the courts of last
'esort and the customs of the peo-
pie. Too nice discrimination will
lot always be made whether a law
necessary for the protection of So
'iety will exactly square with premi-
i've ideas or early principles of gov
tits true that we should
leep. to the old landmarks, but this ,
loes not prevent the setting of new
mes. The amendment ought to be
.dopted. 1t and commission are
Let no one be deluded
nto the belief that commission 6
vii be created although the amend
nay be defeated. Do not vote
gainst the amendment simply be-
ause it may authorize the creation
# commission with mixed powers.
he powers of any commission that
nay be created will be limited by
he law as announced by the SUI
IRENE court of the United States.
Under its decisions a law may be
ramed so that the decisions of our
tate courts in the rates fixed by a +,
established by it will be \
Inal. There can be no federal inter- !
erence if there is due process of Q
aw observed in establishing the /
ates either by giving notice and l
earring before the commission, or a
onferriug the right of testing the !