Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-09-29
That is What the Anti-Commis-
sion Men are After.
A LYING NEW YORK CIRCULAR.
The Sharp Practice on the Cotton Rate Fixed
Up in St. Louis.
The Roads Say the Rate is Ruinous and
They VIII Take Means Legal or 9th
erwise to Get Around It
Complaint Filed.
Ring the Chestnut Bell.
Special to the Gazette.

Special to the Gazette.
AUSTIN, TEX, Sept 2S-The railroad
commission OF Texas is having the common
experience of commissions In other states,
which at the outset were denounced as the
enemies of progress. arresterS of railroad
building and the instruments of confisca-
ton and oppression. The story is an old
one, hoary with years and rank with the
odor of the chestnut. There Is, of course,
the usual accompaniment OF gross misrep-
resentation of its action, false statements
and deliberate lying about its rules and
rates. These lies and misrepresentation
ere spread purpOsely where they are ex-
pected 10 do the most good. or evil-that is,
in the money centerS of the East, New
York especially. The object of this is not
so much to intimidate capital, for it rarely
or never succeeds in that, capital knowing
very well that il is the same old lie newly
upholstered, but by reflex action
who, less sophisticated, may imagine,
as many of them sometimes do,
that the commission is terrorizing
the roads and pursuing course that will
drive away money and investors, and play
the demnition generally. The lies retailed
in New York are meant to do service IN
Texas among people of timid natures who
may be expected to protest, demonstrate
and raise such howl as will weaken the
commissions backbone. This policy is, of
course, a mark of cowardice, and a virtual
confession of the weakness and rottenness
of the cause sought to be so vindicated. No
just cause defends itself by wholesale lying
and wilful misrepresentation. If u railroad
commission adopts 4 rate that is unfair and
unremunerative, the roads have an instant
remedy at law TO have it set aside. The
Texas commission law contains an express
provision of that nature III their favor, and
we all know that there is not railroad in
the state that, if it had the shadow of a
chance to overthrow a rate or ruling by
the commission, but would go into the
courts III once. If there is anything in this
world that railroad does enjoy, it is liti-
cation. For that reason it employs the
ableSt legal talent in every city on its line,
and pays wei. for it. And if there is one
antagonist whom it would like more than
any other to encounter in a legal battle it
Is railroad commission. There is not
road in Texas, nor perhaps railroad attor-
ney. that is not fairly aching for an oppor-
tunity TO get whack at the commission in
the courts. They all talk about the com
missions rates being Injurious, and unre-
munerative. not to say contiScatory, and all
that, but not one of them dares go into any
state or Federal court with that sort of
plea. If they tell the truth about damag-
ing and unremunerative rates, they have a
certain remedy at law, and they are imbe-
Giles if they do not avail themselves of the
rights guaranteed them. The commission is
not mighty and imperiouS council whose
rulings are final and conclusive. Its ac-
ton is fully Us amenable to the law, as are
the actions of individuals, or of the roads
themselves. If it makes a rate that does
not permit fair profit on the money in
vested in road, the road has
only to 90 into court and
show that fact, 10 have the rate set aside
How excessively stale and fatiguing. then,
are the winnings and wailings and lying
complaints heard on all sides against the
action of the commission. Do the insti-
gators and blathering propagatorS of such
falsehoods imagine that the people are
numbskullSl That they can't see through
and easily discover the motives that prompt
the lies! \ corporation that will descend to
such course of vain and futile deception
and dishonordble buShwhacking. is not
above suspicion in its daily dealings with
patrons and shippers. No one understands
this better than the commission, which has
heard too many tales of woe not to under
stand thoroughly the manner in which the
roads too often treat those unfortunate
suough 10 incur their diSpleaSure or to rest
Al their mercy.
There is one thing that railroad mana
gers and their friends should understand.
and that is, they will never accomplish any
thing of value by the questionable policy
treated by the commission let them go at
once TO the tribunals of law and show that
fact. The courts have never been accused
of unfairneSs to them. If they have no
cause of complaint that they dare allege in
court. then let them for the sake of common
decency and their own good name, if they
bank much on that, stop the braWling COM
plants of themselves and friends, and hold
their peace until they are hurt.
The above observations were induced by
lying circular received by the commission
Saturday from a New York tinancier
formerly a Texan. who sent it here as 4
sample of the stories circulated in Gotham
by railroad ma2nates about the ruinous
action of the commission in Texas. The
circular, which is anonymous and therefore
I cowardly document. stated that the COM
mission having in commodity tariff No. 9
authorized the roads to add 10 cents per 100
pounds for COMPRISING to the rate fixed on
cotton. now recalled that authority and
compelled the roads TO pay the charge for
COMPRISING.
The result it was stated would be 4 fur
Their loss TO the roads of two to three mil
lions of dollars, and so forth. The circular,
il is needless 10 say, was Il tissue of lies
from first TO last. The commission never
authorized the roads to exact the price of
COMPRISING from the shippers and never
rescinded a ruling it had not made. What
it did do was to fix the rate on fiat and COM
pressed cotton at the same figure This was
done for the express accommodation of the
roads, which. through the general freight
agents, had informed the commission of the
practice common among them of having
cotton compressed at their own cost, 4
privilege that they did not wish to have
taken from them. The commission could
make no ruling about COMPRISING, for that
is a business clearly beyond its province, as
much so as the saving of logs or the grind
was TO fix the rates on cotton so that the
roads, if they choose to do so, may have
the cotton delivered TO them. compressed at
their own charge, or else haul it fiat, the
rate TO the shipper being the same in each
case. They claimed that COMPRISING
afforded such an economy of car space.
they could well afford to stand the cost of
1t, and with that clear understanding the
rate was fixed and promulgated. Suisse |
quently the general freight agents sub
mitted several interrogatories August 20,
to the commission relative to the proper
construction of some portions of tariffs No. |
J and q Among them was question No. 4,
asking, rs it the ruling of the commission |
that the rates on cotton established by |
schedule No. 2 must be net to the transpor-
tation companies, or are the transportation
companies at liberty to pay the cost of COM
pressing out of the established rates''
To this the commission replied as follows:
ssThe same rate has been fixed on both COM |
pressed and fiat cotton. Roads desiring for |
their own convenience to compress cotton, |
may, with consent Of shipper, do so, paying |