The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-04-28

tate they be brought. Ever ready for
any contest, fully prepared to m AXE
the least one very expensive to thea
citizen if he lost and Improbable if he
gained it, the companies would stan d
defiant of all laws. By the time any
litigant could get through main tain
ing rates to recover his pen atty,
though he may have established be-
yond question his right, he would be
sick Of having brought the action.
SHIPPERS RIGHTS.
Experience by people of other states
with such laws has led the commits
sion friends in Texas to place proper
safeguards around shippers rights.
An able writer of another state dis
cussing the ability and willingness of
the railways to make examples of citi-
zens who seek to uphold the reason
ableness of commission rates under
such law as the late converts want
for Texas makes use of the follow,ng
language:
For long time the railway M
panies used every means in their
power to delay justice and heap up
the expense against the plaintiff to
render the victory barren one should
the plaintiff win; and more than all,
to deter and discourage others from
like proceedings"
In other states the companies taught
the citizens that it is better to submit
to wrongs than to go into court and
contest the reasonableness of rates
Our people have also taken similar
lessons, have paid their tuition and
discharged their teachers. They want
no more of the kind. If the companies
are turned loosen from the restric-
lions of this law in those particulars
no one would attempt to recover an
overcharge the second time. For
such reasons the Democratic party
demanded commission TO establish
and maintain" railway rates, and a
Democratic governor advised and
Democrotic legislature passed a law
strictly in obedience thereto. The
citizen neither makes nor main
tains the rates. The commission must
do both. If it refuses to do JUS
tice by the railway companies the
courts at Austin are open for the con-
test, where equal forces may meet
without advantage to either. Backed
by the wealth of corporate power the
company sues the commission; and
the commission supported by the re-
sources of the State government, with
all the facilities at hand for produce
ing proof to meet the issues, is fully
capable of taking care Of it's side. Re-
move or modify section five of the law
and you would have commission
regulated by the railways, instead of
railways regulated by the commits
sion. The question is which do the
people prefer?
Up to this time no rate of the COM
mission has been euioined. A differ.
ent law would have led to perhaps a
thousand suits between the railways
and the shippers in this State had the
people insisted ON adherence to the
commission rates.
NO VIOLATION, NO PENALTIES.
Opponents of the law complain that
If the railways 60 into court and fail
they will have to pay severe penal
ties. This is mistake. In a suit be-
tween the commission and the rail-
way in the courts as to the fairness of
rates, rules or orders prescribed, the
company has to pay no penalties
whatever by reason of it's success or
failure. 1t simply must obey the COM
mission rates until the court may
change them. If it seeks to charge.
a greater rate than the one fixed by
the commission before or during the
litigation, then for overcharee or ex-
tortion it is subject to penalties. They
contend it is undemocratic and wrong
to, have such penalties prescribed.
They say they are too severe. BY this.
they admit that if the penalties were
low they would violate the law. They
are certain not to pay any penalties
unless the law is violated. If it is.
wrong to punish railway companies for
charging a greater rate than prescrib-
ed by law, or for being guilty of extor--
ton or discrimination, than what
should be done with the statutes
which so severely punish officers for
charging more fees for their services
than authorized by law? A schedule
of fees or charges has been established
by the legislature to compensate state,
district, county and precinct officers
for their official work. Should either
of them charge more than is prescrib-
ed he is subject to severe penalties.
City governments provide schedule
of fees to be charged by hack drivers
and draymen, and they have no ap-
peal from that action. There are
many thousands of them in Texas at
work now under such schedules. If
one of them charges more than the
rate so prescribed, penalties imposed
on him are severe. Ferrymen and
owners of turnpike and macadam
roads have their tolls regulated by the
county commissioners court, from
which there is no appeal, and fines are
inflicted for violation of them. On
what principles should railway com
panies be exempted from similar leg
islations, restrictions and penalties?
Opponents of the commission COM
plain that the law restricts their
rights in appeal from the commission
rates, and that for this reason it is un.
just. Their rights are not restricted.
but they are required to prosecute
their suits against the commission in
the district court at Austin. The rea-
son for this is obvious. 1t will NOT
cost them more to;contest case at the
capitol than elsewhere in the state: