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

Vested with this power it is
authorized to provide and estaD.
lish "all requisite means and
agencies" with such authority as may
be deemed adequate and advisable to
carry out the purposes of the amend
ment. 1.-THE people, therefore, elect
governor and legislature unfriendly
to the commission by that act their
will must be manifested. Of course
then the gentlemen so elected would
take off their hats and show to the
will of the people," They could do
so without much stretch of conscience
while applying the knife of death to
the commission law. Certainly they
would not invade any provision of the
constitution by il. The agencies"
mentioned in the amendment could
very well be construed into play
things for the railroads.
During the last campaign / advo-
Gated the adoption of the amendment,
contending that the circumstances of
its submission if it became part of
the organic law, would be tanta-
mount to an instruction by the people
that commission should be created.
The Democratic platform at San An.
tonic declared for the commission, and
the people adopted the amend
ment which, under the interpreta-
ton given it throughout
the campaign and by the platform,
the legislature, after three months
hard fight, passed the present COM
mission law. TO contend that the
commission is not an issue so long as
it has opposition covertly striking at
it's vitals by proposing amendments
to it, is, to say the least, illogical if
not Intentionally deceptive. If men,
with brazen effrontery, will go before
the people and contend that the con-
stitutional amendment, which no.
where mentions the subject, settles
forever the question of a commission,
it is well for people to be cautious in
committing so sacred a trust to their
keeping. Does that provision of the
constitution say the legislature "shall"
create commission? No. Does it
say it shall prescribe "means and
agencies" to regulate railroad freight
and passenger tariffs? No. 1t SIM
ply declares that the legislature
may" establish all requisite means
and agencies" invested with power
for such purposes.
THREE KINDS OF COMMISSION.
Mind you, there are three kinds of
railway commissions, substantially as
follows: First, an advisory commits
sion; second, statistical commissions
and third, commission to prescribe
and regulate traffic rates. An advis-
Dry commission cannot fix rates, but
can report to the governor or legisla
ture the wrongs and abuses of the
railways. 1t can advise the managers
of the companies and appeal to them
in persuasive way to do justice by
the people. Its only terror to railway
corporations that abuse their fran
chises is the threat Of exposing their
wrongs when ascertained. 1t would
simply amount to nothing in Texas.
The statistical commission ascer-
tains and reports the values of the
properties, taxes paid, receipts, eX-
penditures and the business done by
the various companies of the state.
In other words, it furnishes the gov
ernor and the legislature information
concerning the affairs of the railway
companies.
A regulative commission has the
power to fix rates on the railway traf-
fic having origin and destination with.
in the state. Regulative commissions
may he divided into two classes: one
with power to fix rates without au-
thority to maintain or enforce them;
the other with authority to fix rates
and the power to maintain and en-
force them. So, when commission
advocate" criticising the present law
tells you he wants a commission, he
may be too adroit to say that he pre-
fers "statistical" or an "advisoryn
commission. In his boldness he may
say that he desires one with "power
to fix rates." Go step further, and
ask him if he wants a commission
vested with the additional power of
and enforcing rates after
I hey have been established. If he
says he does, then he must be an adj
vocate of the present law. If he says
not, you may count him down as an
enemy to railway regulation hoping
to deceive the people.
AnalyZe the law and ask yourselves
if the legislature or the governor vio-
lated their duties to the people when
they obeyed platform demands.
THE PRESENT COMMISSION LAW.
The law provides for the creation of
the commission; for the appointment
of commissioners by the governor with
the advice and consent of the senate;
prescribes their terms of office, their
qualifications, the oath they take and
the amount of salary to be paid them,
for its organization with a chairman,
the appointment of a secretary, clerks
and experts, and fixes their office at
the capitol. 1t vests the commission
with the power to adopt, classify,
maintain and enforce rates;
to require railway companies to keep
proper deposits; to make different
rates for express companies; to adopt
partial or special classifications when
necessary; to change the classified
tions or rates; to hear and determine
to furnish classitications
and rates to railways and require them
to be posted up for public Inspections;
to investigate complaints made
against railways; to inspect their
books and papers,; to ascertain the
cost of construction and equipment,
the sum it would take to replace them.
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