The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1892-05-14
H0GG AS LAWYER:
Judge Herring on the Amendment.
THE COMMISSION MANDATORY
The Word May. Means shall, in Law
An Exhaustive Defense of Judge
Ciark's Position - Hogs Legal
shortcomings Exposed.

friend of Judge CLARK is one of the
ablest constitutional lawyers in Texas,
and at China Springs a few weeks ago
he made speech in which he ex.
posed Hoggs position as expressed at
Wills Point on the mandatory char
acter of the commission amendment.
A News reporter called upon him to.
day and asked
"Will you kindly give me for pub.
location copy of your speech made at
China Springs.
Impossible l cannot reproduce
1t, and if could, it would not be
profitable
81 have heard your criticism on
Gov. Hogs Wills Point speech high
ly commended, and especially his con.
struction of the amendment; and that
you made some legal points that l
have not heard of from ony other
source. Will you not give me the
substance of these points?"
eyes be quoted the amendment of
Section 2, Article 10 of the constitu.
tion as follows: Railroads heretofore
constructed or which may hereafter
be constructed in this state are here
by declared public highways and rail-
road companies common carriers. The
Legislature shall pass laws to regulate
railroad freight and passenger tariff
to correct abuses and prevent unjust
determinations and extortioLs in the
rates of freight and passenger TARIFF
on the different railroads in this state
and 10 the further accomplishment o.
these objects and purposes may pro
vide and establish all requisite means
and agencies invested with such pow.
err as may be deemed adequate ant
advisable. ,"
Continuing Governor Hogg says
"Do you observe it nowhere men
tons the commission of any kind
Bv the amendment the Legislature i
required to pass laws to regulate rail
road fight and passenger tariffs, tt
correct abuses and prevent unjus
discrimination and extortion therein
Vested with this power it is autho
rized to provide and establish, "a
requisite means and agencies will
such authority as may be deeme
adequate and advisable t
carry out the purposes G
the amendment If the people there
fore, elect a governor and Legislature
unfriendly to the commission by ths
act their will must be manifested. O
course then the gentlemen so electe
could take off their hats, and bow It
the will of the people They coul
do so without much stretch of cor
science while applying the knife o
death to the commission law. Ger
tainly they would not evade any pro
vision Of the constitution byit. TIL
agencies mentioned in the amend
ment could very we'll be construed
into play things for the railroads. Dur
ing the last campaign | advocated tn
adoption OF the amendment, intend,
ing the circumstance of its submis
sion if it became part of the organic
law, would be tsntamount to an in
struction by the people that com.
mission should be created. TIL,
Democratic platform at San Antonio
declared for the commission, and tn
people adopted the amendment which
under the Interpretation given i
throughout the campaign and by tn,
platform, the Legislature after a three
months hard fight, passed the presen
com mission law. To contend tina
the commission is not an issue 8,
long as it has opposition covertly
striking at its vitals by proposing
amendments to il is to say the leas'
illogical if n OF Intentionally deceptive
If men with brazen etfrontry will &C
before the people and contend that
the constitutional amendment which
nowhere mentions the subject settles
forever the question of the commits
sion. 1t is well for the people to b.
cautious in committing so sacred &
trust to their keeping. Does thai
provision of the constitution say
the Legislature shall create a commits
sion2 No. Does it say it shall pre-
scribe means and agencies to regulate
railroad freight and passenger tariffs
No. 1t simply declares that the
legislature may establish all requisite
means and agencies invested with
power for such purposes"
"The original section 2" continued
Judge Herring, substituted by the
:. loIIou,s.