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


or right. . And our people, in franz
ing the organic law Of this state for
our government studiously observed
this preeept of human liberty which
has been handed down to us for many
generations, and declared THAT no
citizen of this state shall be deprived
of life, liberty, property, privileges or
immunities, or in any manner disfran-
chised except by the due course OF the
law of the land"
Shall this constitutional mandate,
fellow citizens, he observed in our leg
islation, or shall it be disregarded ? If
we trample it under foot with refer
ence to one third of the taxable pro-
perty of the State, how soon may 1t
be before we are again called upon to
trample it under foot with reference to
other rights equally as sacred and
which ought to be equally as secure.
Can we afford, even in moments OF
passion, to ignore the great principle
which has
PRESERVED OUR LIBERTIES
so far and has stood as bulwark in
our defense, giving to us when we
labor the blessed assurance that we
shall enjoy the fruits of that labor
without fear of mOlestation upon the
part either Of government or of indi-
viduals, and that by the exercise Of
frugality and economy and Judgment
in our business affairs we may be en-
abled in the vigor of our manhood to
accumulate sufficiency for our sup
port when old age comes upon us.
Shall we surrender this glorious right
and privilege merely for the sake Of
controlling railway corporations which
are perfectly controllable without any
such sacrifice. Are we afraid to trust
our own courts with the decision OF
questions affecting our railways,
which are our heaviest taxpayers !?
When our constitution says that all
persons shall have the right to appeal
to the courts for protection of person
and property it means something sub
stantial. 1t does not mean that this
right shall be granted as special
favor, or limited by any condition. 1t
is an absolute right, to be exercised
by the citizen at pleasure, and free
from punishment ii it develops that
he is mistaken in Judgment. Ere
quently we appeal to our courts, be-
Loving that the law and the facts are
on our side and that we are
entitled to the relief demanded,
only to find that there are two
sides to every case, and the
court cannot be impressed with our
view. And yet there are no punish
ments lurking near to devour US be-
cause we are proved to have been mis-
taken. How would q citizen feel if he
knew that he could secure justice in
the courts only by running the gaunt-
let of destruction in case he failed?
Not destruction merely at the hands
of his adversary, but at the hands OF
his state, whose duty it was to protect
him? This is the burden we have cast
upon railway owners, and how does il
comport with the guarantee of the
Federal constitution which forbids q
state from denying to any citizen "THE
EQUAL PROTECTION" of the law? Any
person can sue railroad without dan
ger if he fails, but, under this law, q
railway cannot venture to sue the
state, no matter how gross the oppres
sion OF unreasonable the eXactiOn, be-
cause if it fails it means death to it,
self. And when sued by o citizen, il
is not allowed to defend. Can VIZ
wonder that capital is intimidateC
and confidence destroyed? Can We
marvel that the outside world refuses
to trust us any more, and in answer
to our assurances, points with deris
ion to these laws as q true index O
our intentions? | ask you to ponder
upon this and to give your verdict a
the polls, and let that verdict be wha
it ought to be, coming from men wht
love justice and respect the guarante,
of the constitution.
Fellow citizens, there is another
feature of this commission law which
is calculated to strike democrat will
alarm. 1t is fundamental doctrine
with US as party, that all power il
inherent in the people, and that tbt
perpetuity of our institutions de
, ponds altogether upon their vir
tue and intelligence. If tn,
people are incapable of administering
their own affairs of government in al
intelligent and conservative way, thel
there must be a speedy end of popular
government. The ideas of the Dem
ocratic fathers was, among others
that power in any shape, except whel
abiding with the people, should b,
watched with jealous vigilance. Tn,
tendency Of all government, whethe
republican or monarchical, is to grasl
at favorable intervals fresh accretion
of power and authority. There is ant
has been always constant war TO
power between government aud PEG
pie. These opposing forces, which
may be styled the centripetal and cen
trifugal forces in government, by rea
son of their opposite tendencies serv
to maintain a proper equilibrium be
tween people and government. fifth
people become careless and allow gov
eminent to arrogate to itself constant
" all important powers, they are Ii
able to wake up and find themselve
slaves, for strong government mean
a weak people, and a weak govern
ment in a republic nearly always sig
nifies strong individuality on the par
of The cit2on. This thing of adding
EXECUTIVE PATRONAGE
has already become distasteful to tn
American mind. The president of th
United States today Yields more arb
,, trary power and deals more largely i
public PATRONAGE than tho soverei n