Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-29

ley thinks the commission should have pro-
ceeded to make the adjustment on a strictly
mileage basis. We do not think he is right
in this contention for the following reason,
viz: In order to give the mills on the Texas
and New Orleans and Sabine Valley roads
access to the markets, rate of So cents
per 100 from all mills on these roads 10
Houston was fixed by the commission in its
lumber tariff. The lumber carried over the
Houston and Texas Central to the Fort
Worth and Denver City originates ON those
two roads. The 5s4 cent rate is much less
than the commission mileage rate for sim
liar distances. Now instead Of allowing the
Houston and Texas Contra, a mileage pro
rata on hauls over those two originating
roads, we took the So cent arbitrary as the
basis for that part of the haul This re-
duced the basis for that part of the Hous
ton and Texas Central haul about cents
per 100 on an average. For the hauls on
the Houston and Texas Central proper and
the Fort Worth and Denver City, we took as
basis of adjustment their mileage rates
under the commission tariff by the nearest
route, viz, via Waco to Fort Worth. From
this anyone will readily understand that no
injustice has been done to Mr.. Newlin'S
road. The burden OF his complaint is that
the commission should have enforced the
division in effect between the two roads be-
fore our rates went into effect. We had no.
concern as to what the basis of the division
was between the two roads so long as they
agreed. The law only requires the COM
mission to fix the division of charges when
the roads cannot agree on a fair division.
We are invested with the power in making
rates to establish different rates for differ
emit roads and different rates for different
parts of the same road. But after the rates
are established and it devolves on US under
the law to fix the respective shares of the
charges arising from those rates justly be-
longing to the disagreeing roads, we have
no discretion but to make the allotment ac-
cording TO the legal rights of each under
the Established schedule of rates. 1t only
requires ordinarily mathematical calcula-
ton to arrive st correct decision. So
regarding the subject, we do not deem it
important that the representatives, of the
roads concerned should be before us when
we are considering the question of making
division of freight charges. However,
we have never denied full and fair hear
ing TO any persons, whether the represent
atives of roads or their patrons, who have
applied for hearing. and Mr.. Newlin well
knows that we would have given him
hearing had he applied for one. Mr. New
lin expresses himself as being argrieved
because Of a supposed failure to accord TO
him The opportunity to be heard
before the commission, and he at
tributes to the commission more or
less directly, a neglect to give his cores
ponGeEce proper attention. We assert that
there is not the slightest ground for this
imaginary grievance. OF all the freight
agents who have appeared before US and
with whom we have correspondence III the
course of our official labors, none have i'm
pressed us more favorabiv, and no one of
them has been more attentively ard cOur-
teously treated, than has Mr.. Newlin. His
sudden display of temper and rushing into
print with SO much profuseness in the dec
laratior Of his supposed individual griev-
ances, and the great wrong dore to the
railroads of Texas by this commission,
worked surprise Ito us. A suspicious
mind might attribute these manifestations
to a purpose on his part to please those who
are determined to make war on the rail
road commission law, but we do not make
such d charge, nor are we troubled TO know
what motives may have moved him.
I'VE will further state after we had
fixed and published the division of charges
between the two roads and Mr.. Merlin had
been furnished with a copy he telegraphed
us his protest against the circular and
stated among other things that he had not
desired the intervention of the commission.
We answered him that we had been forced
to act promptly by his illegal action in
stopping and OBTAINING the freight of ships
pcrS and consgnees."