The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1892-05-28
"THE EQUITY OF IT."

severely for having urged as the duty
of the next legislature the passage of
an act validating land titles clouded
by Gov. Hogg's suits. The Gazette
wanted the titles validated but sale
the defect in title if any was oonsti.
tu.ional and the Legislature was pow.
erless to aid the occupant. The arti-
Gle in THE News criticised by the
Gazette had reference to the lands
sought to be recovered by the Val
Verde suits and in these suits there
is no constitutional question involved.
THE News knows, however, that the
legislature can give relief iu the case
of the state against the Houston and
Texas Central in so far as that
suit involves the titles of
honest purchasers and George
Clark can find way for it to be done.
The Gazette believes the legislature
has extraordinary power when It comes
to regulating railroads, by the way,
and proceeds to point out the "equity
of it, 1t says:
Judge Clark contends for such a
change in the present commission Law
as will suspend the commissions rate
pending an appeal to the courts, if
one should be made. Governor
Hogg replies that such a provision
would operate as virtual annull,
ment of the law, as the roads could
suspend all the schedules of the
commission indefinitely by litigation,
from which they would have every
thing to gain and nothing 10 lose.
Judge Clark's rejoinder is that the
law as it stands would operate as a
con6scation of property in the event
the commission should fix rate which
would involve loss to the rsilro ads
Before the courts could correct it
irreparable loss might be sustained u
The Gazette, whose perfect under
standing is not "open to doubt,
criticises both positions, and explains
"Why not amend the law so as tc
provide that in the event it is determ
ined in court that rate fixed by the
commission is below the cost of trans
portaton, the state shall make good
out of the general revenue whatever
loss may be sustainedY
Of course the Gazette is sure the
Legislature would have the constitu
tional right to appropriate funds ou
OF the general revenue for such pur
poses. Perhaps it also has the power
to make good out of the general rev
enue the losses sustained by tn,
lumber men in Southeast Texas AM
the grain men in Northwest Texas b,
reason of excessive charges on freight
but if it had and were to attempt t,
exercise it there would be some Wig
orous kicking by the taxpayers
How would the Gazette enjoy beinl
taxed to pay the San Antonio ant
Arkansas Pass road for freight handled
from San Antonio to Houston? Or
conceding that the rate would be thu
same on all the roads where would b,
the equity in taxing all tn
property in the state: that the ship
pers might get low freight rates? Thu
idea is absurd and if Mr.. LsRhsm hat
not refused to be a candidate h,
would be placed by the Gazette Sin
very awkward attitude" The pro
per remedy is to amend the law so a
to permit the railroads to file suit anC
give bond for the amount of differenc
between the old rate and the one es
tablished by the commission to b
refunded to the shipper il the cour
decided the commission rate was jus
and reasonable. This is all that
necessary to correct that defect in tn
present commission law. This is TIL
!, News "equity of it."