The Waco evening news. [volume] (Waco, Tex.) 1891-1894, 1893-01-12

exerc sed this franchise at Will. raising. lower.
| ing. chaneins or maintaining franc rates co
! /, ct-t from the commerce Of Texas without
! notice 70 or cousu ting the shipper undis
D turoed from any source. The comm sion law
simply Withdrew this franchise IRON he rail.
( way mp n's VINO had always &C ed
through agents selected by them-e YES, and
/ Delegated Il 10 three citizens as agents OF the
state government. called a railway commits
I son ~ that law ths power aud author.ty
wa vested n TIE commission, and it was mad,
its duty To- q, pt all Necessary rates. charges
ana re- atoms to govern and control railroad
abuses. 70 prevent un!u-t oiscr mutations
and extnrtions therein and 10 enforce ths
same By having penalties inflicted On the .
linQuent companies a. PRESCRIBE in the a,
Though the p-'tDvr courts II the state havin.-
jurisdiction VI the case. The main OBJECT
AID purpose ri the law was "a vest the STA =
age = With p ver to DO unjer oatn what the
corporate ae"ats without oath had always
done.-to levy the tratiic taxes or tolls The
people must ray when they >hip over the pub
lie ca r.er,. called tai.roads
The law was appropriately divided into sew.
eral parts the power and fleet OF neither one of
which depeno upon the existence OF he other.
First. he art pertains the Organization
Of the comm ssion and Its authority to estaD-
lish rates and ~ escrioe rules and regulations IN
govern Transportation traffic. In the exer-
5ise OF this power the comm s.inn is required
before it can establish any faie to give the rail-
road coinpant TO b. affected thereby ten days
notice oi the time and place nheu and where
it shall be fixed. and guarantees the company
the righ. to be fully he ri NJ such time AMI
place 70 he end that justice may be done and
provid 9 Tor pubic investigation and for pro-
cess to enforce. the attendance of Its witnesses
second Tn next division of the aw simpl"
prescribes rule OF evidence 70 gov m all the
parties including the railways and other per
sons. when III reasonableness OF a rate so fixed
by the commission may be assailed This rule
nj evidence is established by section s. and pro-
vdvs that in MI actions bet 'een itste plr-
ties and railway companies bro ght under tue
law the rates prescribed By the commission be.
fore the insti Ut ION OF such action shall be he'd
t1.sI al IN h4.
sonable fair and Just and IN su' respect. shall
not be coitrnt erted until officially found 9th.
erwise in direct action brought for that pur.
pose in the manner authorized in two other
sections OF the law
After the iai'way companies and all parties
have been nff -ded All opportun, to be heard
teio the com ssion on the establishment OF
the rates, they re simply rohihiied from eel.
literally sttat ing the judgement of the com.
mission miss In this respect Mell,stablished
ercisins it, power und r the constitution and
law. the commission is required - give all the
railway comp Iies interested a hearing after
due notice before C II legally establish rate
A EZRA rate j. been thus established by the
commission * Is no more nor less than judy
ment II competent trib NAL within conte.
platoon OF law, that cannot be collnterally al,
tackled. Toa old any probable injustice this
may he ntlict d on the intere ted raj ways by
the judgement OF the commission in fixing thc'r
schedule OF rates. the law provides and gives
them amt'e 7 mefes throug ou tie courts OF
the county named. by direct proceedings
zen against expensive. hHrrassing litigation
over the issue as TO whether the rate l. reason
able when he brings an action to recover pen
atty prescribed by law II simply denies the
railroad company in that acli5n the right to
raise the issue on that point. On the one hand
should the law deuy til rtiiwty company the
right OF havi ing the action Of the ra lway com
mission reviewed by me courts of the country
Probable injustice might be dome them on
the other. if the law permitted a railway
company, after it had been afforded a full hear
ihs before the commissio as a cond ton pre-
cedent to the esta lishment OF the rates which
are required under the law to be reasonable. To
answer in any, case bro ght by a eli izen to re.
charge or discrimination, and there contest the
question wni.h hid ALREADY teen passed on.
would work untold mischief and damage TO
the citizen In other words, the Law justly
proposes 10 pro ect The railway company from
guarantee 10 the citizen that a shall not he
vexed and harassed with endless lti alton
when he eoes into court to asset his rights
against railway COMPANY.
Third. the third division OF the law pertains
to the jurisdiction 81 the courts In Ill cases
where any raj road mpany or other party at
Interest may be dissatisfied with the action Of
the commission and desires to have the cues
on judicially settled. No citizen. municipal
corporation, association of persons nor railway
company Can 'ollateraly att elk the action Of
the commission under this law; but II dissats-
fed with the commissions work, either OF
them. being an interested party. has the right
Travis county and have it's work reviewed
corrected, !i.odi ed or abolished, according to
the ends of ju-tic. If satisfied with the de
cision of this court the comp aiming company
or citizen Is gi:en the further right OF appeal
TO the supreme court OF civil appeals. havin,
jurisdiction IN all Of the courts such sc
against the commission l. by law given prece
dene OF all other cases then pending, so as to
AFFORD a speedy termination OF the issue.
OF Importance here 10 discuss. defines extor
ton and Determinations and prescribeS the
Eenaltiss that nay he recovered and the courts
In which actons therefor NAV be maintained
against the Offending company.
This law con'ains lwenty.three sections and |
lhirty-two suJdiv sions thereof, appropriately |
divided, ami are intended 10 give effect IL the
four general features just discuss d. to-wit
a. The power OF the commission TO make
rates. % The rule OF evidence to be obeyed |
the object. co. The right Ola parties, in lud- |
ing the raiws 5, t'contest any action Of the |
commission and the court through which IL
may he done. And q the penalties to be re. |
covered from the offending company for a viz.
laiion of the commission law. Nei her the rule
OF evidence nor the nrisd ctional question nor |
the penalties prescribed ndd t nor diminish |
The power OF The com i,sion to exercise the
delegated authority MS judicial tribunal in |
es aDlishlng rates rules and regulations To gov
rule OF evidence controlled by the powers ii |
the commission. the jurisdictional question nor |
the pen ltieS prescribed. lt.may be correctly |
Visions of the .aN depend On the maintenance |
OF the Their. aid that either or all OF tne three |
latter may he abolished, and yet the purpose
and OBJECT intended by the investment OF tue
powers IN the railway commission will not he
disturbed. In the tir,t place, due process oi
law has cen fully prescribe for the railway
companies fore the powers Of the commi .sion
can De eNercised in establishing a rate Affect
ing their RICH In the second place. they
are or nted equal protection of he laws" in
that II they complain of the rates for being 70,
low or II any patty shall complain OF them for
being too high. there is common court and
rs well As rules of evidence, pre-
lcrlbed FOR the settlement OF the controversy
Certainly the commission might adopt rates
That would discriminate against some city
prIvate elaboration or citizan or ha 60 |