The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-03-03

additi0n TO Jne peualuy 3 Inn eSys w ss8's
Individual, the state also can recover
penalty for each act Of not less than
$l0O nor more than $1,000, and these
penalties are cumulative. The
OPPRESSION OF THE LAW
may be explained thus, so as to be
plain to the common understanding.
The commission may fix its rate. This
rate may be so low as to amount to
practical confiscation if adhered to by
the company. If the railroad obeys
The orders Of the commission, it means
the destruction of the property under
the law; if it refuses to obey and there
by an action inures to private indl'
vidual, it may go into court but can
make no defense, and penalties may
be multiplied in this way ad minimum,
because each violation subjects the
road to the penalties at the instance OF
any shipper. If the road, in its vain
search for remedy, should appeal to
the courts for protection, the rate pres
cribed must be observed regardless OF
its damage, or injury, OF unreasonable
ness, OF, failing to observe it, the road
must litigate with the commission and
subject itself in case of failure to the
recovery OF penalty to be recovered
by the state for each act of violation
during the progress of the litigation
of not less than 500 nor more than So
900, which means in plain English,
that if the road appeals to the court
and disobeys the order of the commits
sion on account of its unreasonable
ness, and fails in its litigation, the
penalties will accumulate SO rapidly
and so O yerwhelmingly as to confis-
cate the property in behalf OF the state
in case of such failure.
This may be illustrated further
by the example of pun
lie mill or gin among the farmers.
Assuming that the usual charge for
ginning is ono-tenth, and that public
gins are public institutions which the
state is empowered to regulate for the
protection of the people through COM
mission or in any other way, and the
state sees fit to prescribe that one
tenth for ginning is excessive ana ex'
tortionate and unjust to the people,
and that cotton ought to be ginned for
one.twentieth. The owner of the gin
protests that he cannot keep his ma
chinery in operation for one-tWentieth.
The commission is needless and in
sists upon his observance of the rules
under the order, and tells the ginner
that if he is not satisfied he can go to
Austin and sue the commission and let
the courts determine whether the
rates prescribed by the commission is
reasonable or otherwise. The ginner
knows that he will not be able to live
and do business for one-twentieth; he
knows that his machinery is wearing
out year by year and will need re-
placement from time to time, and
when these requirements and better
ments are made there will be nothing
left to pay interest on his investment OIL
one dollar for his labor. He refuse to
obey the order of the commission ons
the ground that its order amounts to
conffscation, and persists in charging
one-tenth instead of one-tWentieth
prescribed by the commission. One
of his customers sues him for eXtOrtion
He attempts to justify his charge, but
is met with the law which says thai
the order of the commission is con
elusive and the court must so hold
He appeals to the court at Austin
against the commission, and in the
meanwhile persists in charging The
one-tenth because he is not able t(
operate his gin for smaller sum. AT
ter tedious delays, during the progress!
of which each day he is subject
ing himself to additional penalties
and these penalties are accommodating
mountain high upon him, his cast
comes to trial and the court determine
and adjudges that he is mistaken ant
that one twentieth is q reasonable rat,
for ginning his neighbours cotton
What position is he left in? The pen
atty will more than eat up his plant
he finds himself stripped and robbed
of his property simply because HI
, wanted to exercise the
RIGHT OF EVERY FREE MAN
, and one guaranteed to him by the con
, stitution of the state, the right to ap
, peal to the courts for the protection o
his property by due process Of law. o.
take the other view of it. Suppose h
obeys the order of the commission ant
changes his price from one tenth t.
one twentieth and appeals to thu
courts to determine whether one tentl
was unreasonable or not, and afte
tedious delays, judgment is finall.
reached by the supreme court, deter
! mining that he is right and that on
| tenth is reasonable price. But, il
, the meanwhile he has been operating
= for one twentieth Under the order o
| the commission. What becomes Of hin
in that event? He has been operating
) his property at ruinous price to tn
detriment and sacrifice of his materia
interests, and when vindicated at las
> by the highest court in his state, tn
damage is done and there is no mean
of reparation, for the state does no
: propose to pay him in case the com
mission has decided wrong.
+ = Thus you see, fellow citizens, tn
-, situation with reference to this vas
, interest, built up in our midst upol
: our invitation, and upon a guarantee
1 of the same protection that our owl
= people should receive under tn
: law, an interest which in buildin;
itself up has built us up also, addin
: hundreds of millions to our taXabl
t values and inestimable acquisitions t
S our private property, advancing val
p mes. bringing civilization and prosper
S ity in it's train and enabling us to en-
0 10Y at our homes the comforts derive