The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1892-02-27

the House, from GrAys' county, WIZ
had devoted years of study to the
question, aad after due incubation
had matured bill designed to correct
the evils in railway management, in
troduced his bill only to have il
slaughtered in committee, although he
was the recognized leader Of the com.
mission idea upon the toor. This
Brown bill, when compared to the
present bill WAS soothing syrup to
aqusfortis. Senator johnson, of Smith
county, who, himself, mad given no
little thought to this question i'll more
than one session Of the Legislature,
refused to accept the Brown bill as a
solution because it was not extreme
enough, and thereupon, in joint com
mittee, he form alsted another bill
which had already been introduced
into the Senate by him, aud dominated
the committee suffi Gle ntly to have his
bill substituted for the Brown bill
This johnson bill was extreme enough
in all conscience, bat it gave to the
railroads limited right Of appeal to
the courts of justice for protection,
I'd this was sufi cient to damn the
bill in the eyes of His Excellency.
The Johnson bill Was retired, and the
present bill formulated in the execu.
tive Office and precipitatsd upon both
Houses of the Legislature with the
understanding that 1t was the Gov
ernors ultimatum. So, if there be
defects in this bill; if there be viola
tions of the constitution; if there be
undue harshness and understandable
severity in the measure; if it is not
adapted to the wishes Of the people Of
Texas, the Governor is solely respon.
sible, aud cannot escape the response.
bllity. Let us examine some of its
provisions aud see how they compoft
with craftsmanship.
Section 6 reads as follows;
"SEo 6 If any railroad company or
other party at interest be dissatisfied
with the decision of any rate, classif.
cation, rule, charge, order, act, or reg
ulation ADOPTED by the Commission;
such dissatisfied company or party may
file p tition setting forth the partlo
llar cause or causes of objection to
such decision, act, rate, rule, charge,
classification, or order, or to either or
all Of them, in court Of competent
jurisdiction in Travis county, Texas,
against said Commission as defendant.
Said action shall have precedence over
all other causes on the docket of diff
ferent nature, and shall be tried and
determined as other civil causes in
said court. Either party to said &C.
ion may appeal to the appellate court
having Jurisdiction of said cause, and
said appeal shall be at oncs returnable
% said appellate court, at either of its
erms, and said action so appealed
;hall have precedence in said appellate
,ourt of all causes of different char
'oter therein pending; Provided, that
t the court be in session at the time
uoh right of action accrues, the suit
nay be filed during such term and
tand ready for trial after ten days
notice"
This provision standing alone would
learly give a railroad dissatisfied with I
ny ruling or order of the commission, t
right to appeal to some court in l
'rsvis couoty for protection, though
That court would have jurisdiction is
eft in an indefnite condition. But q
his provision is delusive, and de. |
lgnedly SO. In other words, it is a L
rdud, travesty upon justice, because L
hen taken and considered with other r
rovisions of the law this right of an. t
cal is incapable of exercise except q
pom the contingency of practical con. i
scation. Looking to section S, the L
tion Immediately preceding this, it i
Ill be found that in case of suits be. /
Teen private parties and any railroad
ompany, brought under the law, the
ates, charges, orders, rules, regula. t
ons and classifieations prescribed by a
he couim'soion before the institution t
f such action are to be held conclu. t.
we and deemed and accepted to be il
sssonable, fair and just, and in such c
aspects shall not be controverted t
herein until finally found otherwise il
a direct action brought for that t.
urpose as specified in section 6. In il
Their words, and to state the case j
lore plainly, upon the establishment o
rate by the commission or the
romulgation of any order, in case G