The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-03-16

eOAANihN"1 aL>t lNo
noiseless step like thief
over the field of Jurisdiction until all
shall be usurped nom the states, and
the government OF all consolidated in
one" patriots have pondered over the
situation tor relief, but have signally
failed. Suppose Mr.. Jefferson had a
view of Mr.. Males testimony, and
could take sight at The daily con-
duct OF the subordinate federal judi
ciary seques:ed tor life behind bull
works built, not by congress, but by
their own decisions? Suppose he
could see great public highway re-
main for eight years in the HANDS of a
federal court, whose officers, by the
exercise of corporate franchise granted
by the state, levy tribute on the citi-
zens tor the amusement of great pri.
vate fortunes? Suppose he could read
the opinion OF circuit judge modify
ing and setting at nanght the decis-
ions OF the supreme court of
the state, as has been done
in Texas? Suppose he could see
a federal circuit judge reach out and
take a railroad away from the state
court for receivership purposes, when
thestate itselfWas seeking to forfeit
and did forfeit its charter for
abuse of its franchise? Sup
pose he could witness a federal
judge running a railroad without a
charter, as is being done in this state?
Suppose he had lived to read the ter
rible arraignment OF federal receiver.
ships by the supreme court of the
IN m
important case, that court said: "lf
these receivers had been appointed 10
sell the roads, collect the means of the
companies and pay their debts, it
might have been well enough. But
this was hardly ever done. 1t is never
done now. 1t is not the purpose tor
which receiver is appointed. He
generally takes the property out of
the hands OF its owner, operates the
road in his own way, with an occasion
al suggestion from the court, which he
recognizes as sort of partner in the
business; sometimes, though very
rarely, he pays some money on the
debts of the corporation, but
quite as often adds to them and
Injuries prior creditors by creating q
new and superior lien on the property
pledged to them"
The warning of this great man,
coupled with this severe criticism
made by the supreme court of the
United States, must cause a patriotic
people to view the encroachments of
the federal power upon states' rights
through the modern medium of rail
way receivershirs, with serious
APPREHENSION AND ALARM.
The climax has been reached and
exposed to pubic view. To finch at
the call of duty drags manhood to
ignomy. Response to its call with the
firm tread of fearless independence
leaves manhood and conscience un.
sullied, pure. The time for action by
Texans has not passed. Public inter
est demands halt. Life to commerce
is nortured by its freedom. The cor
pOrate shackles on industry must be
cut by the hand OF state sovereignty.
Texas must control her carriers. She
must scOrge back the horde of federal
officials when they Cypress the citi-
zen and sap commerce by the abuse
of corporate franchises. Prosperity,
the legitimate fruit of industry and
economy, springs from energy and
hope. Destroy hope, energy becomes
paralyZed, economy futile, prosperity
impossible. A blight spreads over ali
these when the state government sur
RI nders her functions to the arbitrary
use of any power. TO preserve her
self respect, TO guarantee to the citi-
zen what is due him, TO set all example
10 the world, illustrating her power
to do and demand justice, the state of
Texas cannot escape the responsibility
of taking &C tiOn now to prevent the
recurrence of this disgracetu receiver
ship perfidy.
To this end, therefore, 1 beg TO re-
commend the adoption of laws sub
stantially ell bodying
THE FOLLOWING PROVISIONS:
First-That the charter of every rail.
way company and other corpora
ton shall be forfeited if its property
shall remain in the hands of
receiver for a longer period than three
years; and make the rechartering of
every such corporation or its success
sors to be conditioned, among other
things, upon the payment OF heavy
penalties to the state.
Second-That all railroad officials
and traffic agents shall be
deemed and held to be public
officials, and as such shall DO prohib-
tied, under suitable penalties, from
using the railway properly in the as
sistance or support of any private
business or enterprise in which they
may be interested in competition
with other people.
Third-Set aside a liberal approrria-
ton by and out of which the governor
may pay the expense of all necessary
Investigations and prosecutions of
federal officials when they violate
state law- or wiliully infringe on
,tates' rights.
/ beg further to recommend that
you adopt resolutions instrUcting the
senator's aud requesting the represen-
.atives in congress from Texas:
First-To offer and support reso-
utiOu in the Congress to have the con.
tuct of the federal officials investigat-
I'd and acted on in relation to their
Of all railroads in this
state over which federal receivers
nave been appointed, and especially |
IT the Housiod and Texas Central |
'ailway for the eight years of its re-
h ~ a t. G.. Il