The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1892-05-14


IN this state are hereby
declared public highway and railroad
companies common carriers. The
Legislature shall pass laws to correct
abuses aud prevent unjust discrimins.
lions and extortions in the rates of
freight and passenger tariffs Oh the
different railroads in this state. and
shall from time TO time pass laws es.
tablishing reasonable maximum rates
of charges for the transportation of
passengers and freight on said rail
roads and enforce all such laws by
adequate penalties.
Comparison of the two shows that
they are the same in effect with Ahe
following exception: The elimination
from the original of the following
words and shall from time to time
pass laws establishing reasonable
maximum rates of charges for the
transportation of passengers and
freight on said railroads. The trans
position of the words and enforce
all such laws by adequate penalties
and the addition in the amendment of
the following; and to the further &C.
compllshment of these objects and
purposes may provide and establish
all requisite means and agencies in
vested with such power as may be
deemed adequate and advisable
"Now what was the mischief to be
remedied aud the object and purpose
of the amendment? A railroad com.
mission bill had been defeated by this
same Legislature. 1t suited the house
but the senate objected to it. Some
of the senators questioned the con.
stitutional power to delegate rail.
road commissioners duties devolved
by the constitution upon the legisla-
, ture. The result was the submission
of the amendment, above quoted
, Gov. Hogg favored it and advocated q
, strong commission with full power tc
regulate railroads. This was thu
t issue as made by him. He showed
, this plenarY commission plank intc
the platform. He stood on 1t in hi
canvass all over the state; wa
f triumphantly elected governor on i
3. and worked it into our present com
9 mission railroad law. Referring t,
the amendment he says: DO you OBJ
A serve it nowhere mentions
commission of any kind?' Tn
J.: object of constitutions says Judg,
!. Cooley in his constitutional limita
q? tions as applied to written constitu
ton is to give effect to the intent o
/ the people in adopting it. Was no
o the intention and the object and pur
It pose of the people iu voting for tn
, amendment to remedy the mischie
= of inadequate legislative, railroad reg
II ulation by giving power to the legis
h lature to create commission for thi
d purpose2
o IF the people therefore says Gov
If Hogg, elect governor and legisls
! ture unfriendly to the commission h
a that act their will must be NANTES
# Of course then the gentlemen S
f elected would take off their hats an
d bow to the will of the people. The
n would do so without much stretch {
d conscience while applying the knit
J. of death to the commits sion lay
f Certainly they would not evade an
r provision Of the constitution by i
]. The agencies mentioned in the ament
C ment could very well be construe
|. into playthings for the railroad"
d Certainly they would not evad
r. any provision of the constitution
g it," says Governor Hogg Ca
: 1t be possible that the pee
j. pie in adopting the amendment wer
G fooled? That instead of gettin
= organic obligatory imperative CON
mand through the Legislature to tn
e creation and preservation of the raj
o road commission, they only delegate
@ permissive discretionary, director
/. power to their servant-a ston
i instead of bread mere rope of sand
e Any legislature who would fail o
Q refuse to exercise such power as b
t might deem adequate and advisabl
{ in the establishment of all requisit
o means and agencies or their perpetns
, ton for the accomplishment of tn
2 objects and purposes of the amend
/ ment would violate his oath an
}. prove himself unworthy of officit
, trust. In asserting the contrary, tbs
t is such legislator would not evad
b any provision of the constitution b
s it, does Coy, Hogg prove that he is
/. constitutional lawyer, or that he ha