The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-09-08

tenure fotfice six years"
In view of subsequent developments
this pledge of fealty and support of
the Texas railway commission law
las it now exists" approaches the lu'
dicrous. If judicial construction and
decision mean any thing the present
commission law does not exist. In
fact, it may he said, no matter how
regretfully, that it Is dead; shrouded,
entombed, among the things that
we're; "gone like the baseless fabric of
vision, a school boy's tale, the Won
der of an hour.n There is an epitah
which may be seen in rural country
churchyard in an English village now
covered with the moss OF
more than two centuries
which would be particularly
appropriate to Texas railway COM
mission; ."as it now eXistsn-"the"
commission, mot "a" commission.
Here lies the body of darling little Jerry,
The son of Joseph and Sirena Howels,
Seven days he wrestled with the dysent ry,
And then he perished in his little bowels"
The Texas railway commission is
dead, and ordinarily Messrs. Reagan
and Foster would be statesmen with
out job, but their talents can still be
utilized by vigilant executive in a
non political way. They were ap.
pointed in order to keep the commits
sion as business agency out of poll
tics, and if they have not succeeded
in carrying out the original intention
of the advocates of the measure, !
l must do them the justice to believe
it has not been their fault. They hap
pened to receive other orders. But Sc
riously, fellow citizens, in what hui
initiating attitude does Texas find
herself upon this question. A railway
commission is mere agency in gov
eminent, perfectly constitutional, and
not necessarily harmful either to the
people or the railroads. 1t is the duty
of the government to furnish tribu-
nal and code of laws for the protec-
tion of every right and the assertion
of 4 remedy for every wrong; and pro-
ceeding up this line, it was the will
aud pleasure of the people of Texas
that an impartial tribunal should be
constituted and be known as the rail-
way commission of Texas, charged
with the high junction of protecting
the people from injustice, oppression
or discrimination at the hands of
these corporations, and in like man.
ner projecting these corporations
against unreasonable demands on the
part of the public. In so far as mere
railway commission is concerned-and
by that | mean an efficient commits
sion-there need be no objection
to the constitution of such an agency,
1t is perfectly competent for
Texas to establish a commission and
clol he it with every necessary power
without violating in any manner the
limitations of either of our constitU-
tons, state or, federal. All that is
requisite for the accomplishment of
this heartfelt desire of the people, is
the exercise of ordinary judgment on
the part of our law givers, and q
decent respect for the guarantees OF
the constitution. But men do not
gather grapes from thorns nor figs
from thistles, and there was no room
for craftsmanship in the hearts and
minds of those charged by the people
with the execution of this great trust.
They rode into power on wave of
prejudice, and could not turn into the
calmer sea of conservatism even had
they been so disposed, and they were
not so disposed. Instead of the sub
Unity expected by the people there
seemed to be in Legislation race be-
tween our law makers as to who could
outstrip each other in overlapping the
barriers of the constitution in the
framing of the bill. Private rights
were forgotten. Language was sought
in which judicial construction might
be evaded, terms were employed after
| L, iorh it1r Wy xlrni nj iOrh
be made to appear that the constitu-
ton was being observed, when the
real intent of the law makers who
framed the bill was to evade it and
trample it under foot. 1t did not re.
quire any great amount of intelligence
to prognosticate the result. We still
live in an age of progress, with liber-
ty loving people and just admins
tration of the law and under the pro-
lection of the constitution. The rights
of persons and of property are still
sacred in this country, and over them
is thrown, not only the aegis of the
state constitution, but the broader
aegis of our federal constitution. 1t is
not matter of wonder that q federal
Judge when called upon to interpose
the strong arm of federal power for
the protection of the citizen did
not hesitate to act. But wonderment
is that the Iawgivees of Texas should
in their maddened zeal have precip-
itated upon her great head the deep
humiliation of such Disgrace. The
state cannot afford to be wrong, either
in this matter or in any other, she is
too great, too grand, too sublime; she
deserves and should receive better
fate than has been inflicted upon her.
What shall we do? The answer, it
seems to me, is plain and easy. The
people demand commission, and 1
am with the people in the demand.
No matter how stood two years ago,
when any power, be it the Legislature
or the federal court, steps between the
people of Texas and their lawful legit-
innate demands.
AM WITH THE PEOPLE OF TEXAS.
They are entitled to an honest com
mission, they are entitled to an effect
i've commission, and for one, instead
of saying nay, here and now pledge
my heart and the best energies of
lite to the accomplishment of the -
will. They are entitled to elect their
commissioners, and am not afraid tr
trust them with this election. o