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

Senator Johnson of smith county VINO
himself had given no little thought to
this matter in more than one session
of the legislature, refused to accept
the Brown bill as a solution because 1t
was not extreme enough, and there
upon in Joint committee he formulated
another bill which had already been
introduced into the senate by him, and
dominated the committee sufficiently
to have his bill substituted for the
Brown bill. This Johnson bill was eX-
treme enough in all conscience, but it
gave to the railroad limited right OF
appeal to the courts of justice for pro-
lection, and this was sufficient 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 precipitated upon both
houses of the legislature with the I'M
understanding that it was
the governors ultimatum. SO
ifn tn are be defects in this
bill, if there be violations of the con-
stitution, if there be undue harshness
and unstatesmanlike severity in the
measure, if it is not adapted to the
wishes of the people Of Texas, the
GOVERNOR is SOLELY RESPONSIBLE,
and cannot escape the responsibility.
Let us examine some Of it's provisions
and see how they c0mporC with states
manship.
Section 6 reads as follows:
off any railroad company or other
party at interest be dissatisfied with
the decision Of any rate, classification,
rule, charge, order, act or regulation
adopted by the commission, such dis
satisfied company or party may file
petition setting forth the particular
cause or causes of objection to such de-
cision, act, rate, charge, classification
or order, or to either or all of them, in
a court of competent jurisdiction in
Travis county, Texas, against SAID
commission as defendant. Said ac-
ton shall have precedence over all
other causes on the docket OF differ
ent nature, and shall be tried and de-
termined as other civil causes in the
court Either party to said action
may appeal to the appellate court
having Jurisdiction of said cause, and
said appeal shall be at once returnable
to said appellate court at either OF It's
terms, and said action so appealed
shall have precedence in said appel
late court of all causes of q different
character therein pending; provided,
that if the court be in session at the
time such right of action accrues, the
suit may be filed during such term
and stand ready for trial after ten
days notice."
This provision standing alone would
clearly give a railroad dissatisfied
with any ruling or order of the COM
mission, q right to appeal TO some
court in Travis county for protection,
though what court would have juris-
dictiOn is left in an indefinite condi-
ton. But this provision is delusive,
and designedly SO. In other wol DIS it
is fraud, a travesty upon justice, be-
cause when taken anu considered
with other provisions of the law this
right of appeal is incapable OF eXer,
else except upon the contingency oil
practical coniscation. Looking to
section 5, the section Immediately pre-
ceeding this, it will be found that in
case of suits between private partles
and any railroad company brought
under the law the rates, charges, or
ders, rules, regulations and classiflca'
lions prescribed by the commission
before the institution of sdch actor
are to be held conclusive and deemed
and accepted to be reasonable, talr anC
lust, and in such respects shall not bt
controverted therein until finally
found otherwise in direct action
brought for that purpose as specified
in section G. In other words, and tt
state the case more plainly, upon the
establishment Of q rate by the com
mission or the PRONUNCIATION of any
order. in case litigation arises between
the railroads and any other private
person the railroads are not permitted
TO controvcrt the business of such or
der or rate but the order o.
ratio made by the commits ion Ii
conclusive upon the court trying the
case. 1t is as much as saying to the
railroads: If you disobey our orders
with reference to rates, and privat'
person sues you for such dlsQbedl
ence, you can come into coult on sum
mons of the private person, but you
MUST STAND MUzzLED.
You can say neither yea nor nay, bu
like o sheep before its shearers yot
must not oDen YOUR mouth. You shall
not question the sense or Justice of thu
order of the cOmmis sion, but that or
der shall be conclusive upon yol
in the suit and the court shall
decide against you as soon as tn
fact is ascertained that you have dis
obeyed that order, whether the cour
is OF the opinion that it is reasonable
and just, or the reverse.
Turning to section IA we find the Oh
vious purpose of section 5. This sec
ton provides that if any railroad com
pany subject to the act, or it's agent o
officer, shall hereafter charge, collect
demand or receive from any person
company, firm or corporation a great
er rate, charge or compensation thai
that fixed and established by the rail
road commission for the transporta
ton of freight, passengers or cars, NC
such railroad company shall be deem
ed guilty of extortion and shall forfei
and pay the state penalty OF not les
than one hundred or more than NV
thousand dollars. Section II provide
that any railroad which do, cause t
be done or permit to be done any mat
ter, &C or thing in this act prohiblte,
or declared to be unlawful, or shal
omit to do any act, matter or thin
Lo,o;,, ,,on,1irod tn he done nv it. Shal