The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-06-12
you have mind to make an immediate ap-

our revolutionary fathers by the exercise OF
their natural right, overthrew the govern
ment of force which existed over the Amer
ican colonies, and thereupon, after several
mutations, the people constructed form
of government of their own free will and
accord established it for their protection in
the exercise of all their natural rights. 1t
does not take us long to discover that by
their rule, free governments as we call tits in
fact nothing less than method of prevent
ing and restricting the doing of wrong. 1t
follows that the true function of govern
ment then is to protect the citizens in the
exercise of his natural rights, but not to
compel him to exercise them nor to exer-
else them for him. 1t is the province of
government, our government, to prevent
the individual citizen from doing wrong,
butit is tyranny, usurpation and puritanisn
to try tc compel him to do right.
The powers of government should be con-
fined to the prevention of wrong. This is
clear when we consider the evils OF what
are known as "sumptuary laws"
Whatever may be the accurate meaning
of this phrase, it is commonly used to refer
to laws by which government interference
with the citizens natural rights, about what
he shall eat or drink, or wherewithal he
shall be clothed, or at what hours
he shall eat, sleep, fast, go to church, kiss
his wife Tor somebody's else), In short, laws
cording to the no ion of those in power,
The great issue before the people of the
State Of Texas is the proposed amendment
to the constitution which is intended to
confer the power upon and compel the leg
islature to enact what is known as the rail-
road commission.
1t is as follows:
ARTICLE q Railroads heretofore con-
structed or which may be hereafter con-
structed in this State are hereby declared
public highways and railroad companies
ommon carriers. The legislature shall
pass laws to regulate railroad freight and
passenger traffic to correct abuses and pre-
vent unjust discrimination and extortion
in the rates of freight and passenger traffic
on the different railroads in the State and
enforce the same by adequate penalties,
and to the further Accomplishment ofthese
objects and purposes may provide and es-
tablish all requisite means and agencies in
vested with such powers as may be deemed
adequate and advisable
The enumeration of what all the legisla-
ture shall do is nothing more than the
powers which all pro-commission men
claim the State has now the right or au-
thority to exercise. Is this trueP Let us
admit it and then ask if it is necessary to
insert them again in the constitution.
The present attorney general declares
that these powers all do exist and he has
described in glowing colors how vigorously
and effectually he has applied them to the
erring railroad corporations since he has
been in office and with only two office as
sistants and one clerk to help him.
Now, permit me to ask: If this is true,
and we know it is, does it not utterly re-
fute the assertions which he makes the
necessity for this amendment which he so
clamorously demands and with which he
proposes, when elected governor, Ito hold
the wretch in order,
Can it be true that this amendment is
needed when he so verbosely demonstrates
that the railroad corporations are but the
creatures of the State, which it has the
rightful power to control and regulate from
the greatest to the least of its rights, pow
ers and franchises? And if it be true that
they can only exercise the powers conferred
on them, let US ask if it is not true that
these very legislatures and people volunta-
ri y inferred them upon the corporations
in the acts creating them. If they did not
why does not the attorney general epjoin
and restrain them from exercising thereun-
der, and ifitdoes then, who is to blame but
the people, who of their own free will, gave
them as consideration for the building of
these great factors in the progress of the
nineteenth century.
the necessity tor this formidable hydra
headed monster which is to be endowed
with all the powers of government and
bounded on to the destruction of every
material interest, industry and develop
ment of the State by the clamor of COM
munistic and agrarian rapaclty.
The fathers who founded this form and
substance Of free government under which
60, 900, 900 of free men in their forty or more
State governments have arisen from scant
100000 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 tact that too much
power might be exercised over the peop e
even under these three grants they wisely
and as if by inspiration added, THAT no
person of either body of these magistrates
should exercise any, even the least, of the
powers of another department.
And right here in the very teeth of this
great check and balance, it is proposed
that new body of three magistrates shall
be established to create and exercise the
powers of all three without let or him
drance. 1t will not do to say that the
courts can control them for if they fall
within the jurisdiction of the courts to con-
troll them then it follows as the day follows
the night that the courts are already en-
powered TO DO all tnat tnlS wanted cOmmlS-
sion can do and more.
Herein it refutes itself and displays the
truth, that it is a shame and fraud in
vented for the purpose of offering a hue
and cry for designing politicians and am
bitious men to run into favor and office
uLder.
1t is nonsense to say that it can do more
good for the people than the legislature in
the legislative department; than the judic
iary in the judicial department; than the
governor and those under him III the exec
utive department. For if these things be
true, then we may well exclaim: Eureka!
Eurekap' for we have then indeed solved
the question of government and discovered
a better form of government than this we
now enjoy. If it be true then the present
machinery may be dispensed with, and
triumvirate established upon the ruins. If
it be good for controlling corporations it
must needs be for controlling the individual
citizen. If it is better than the present
form, in Gods name and in the name of
liberty and economy, let it be declared and
let us select our trlumvirate. If it be not
true then it is an innovation upon the form
and substance of the government we have,
which is the embodiment of American
Democracy. But it is false. 1t is the
trojan horse. 1t is present form, the
Greeks and T1ano Dannos ct dona ferentes.
So much for this view, and now let us
look at it as equestion of national interest.
What will be Its effect and its probable