The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-01-19

| nor shall the law OF prlmOgeniture or entati
| ments ever be in force In this state. "-Arttcis
l. section 26 Tue laws OF this state regulatinl
| the estates % deceas ed persons are amply sui
hcient to give full force and effect TO the spirit
OF the constitution against primogen!ture anc
| entaimenrs. but there Is no law to check OF
| limit title 10 lands owned by corporations mol
! 20 prevent monOpolles OF real estate by them
| While land corporations cannot as such, b.
chartered under the laws OF this state, yet under
the law authorizing the secretary OF state To
grant permits TO foreign corporations to do busi
| ness within the state tn are chartered in othei
states and foreign countries aud are operating
here in inc purchase and own srsaip OF Lands
| Titles 10 many million acres are now vested I
them. the lands withe d nom settlement eX
cept at exhorbitant prices. without any law
| regulating or controlling or limiting the cor
/ porate rights In any respect whatsoever
| There is danger IN this condition. which seems
to have aroused the people; for, In their con
ventiOn last August, they adopted the follow
| ing platform on that subject:
| 40 We demand the enactment OF q law that
Will define perpetuitles ard prohibit the oper-
| alton OF land corporations in this state, r.
| quiling those now holding title or possession
| OF lands for agricultural, horticultural, graz
| ing and specializing purposes, ext eptine
overfOwed and irrigation lands TO dispose OF
| the same within such reasonable time as mag
| not impair vested rights"
The purpose of this demand is wise and just
| Land corporations having in view the owner
| ship OF large bodies Of soil, portend land
monopoly with titles In perpetuity. There is
no institution more iniJnical 10 the genius OF a
| free government; none that should be more
strenuousy prohibited. Permit corporations
| OF this class TO operate much longer In this
state, grouping together large bodies o. agricul-
tuial and grazing lands, and the time is not
far off when, II the people are permitted to buy
homes at all they can only do SO al prices aid
on such terms that bondage OF themselves and
their posterity must be the result; for an eX-
eessive mortgage debt ON home, bearing an
nual interest high enough to demand the sur.
plus products OF labor 10 meet it, means no
more nor less than bondage OF an aggravated
form. TIE condition OF other states In this
respect cannot fail to be a valuable lesson to
Texas. While the whole area of
Texas amounts to about seventy-four acres per
capito of her population she is confronted with
the most serious condition OF corporate owner
ship of about one-fourth OF 1t all. Statistics
show that in the United States from 1870 to 1880
the cultivable lands in stable crops Increased
sixty-six per cent; while from 1880 TO 1899 the
increase thereof was only twenty'six per cent.
scarcely OF agricultural lands through
out the government. The bread
producing land OF the world Is fast beng
exhausted, while the bread consuming peOpie
are increasing AS the ratio Of production do-
creaseS, the ratio OF brerd consumption from
year to year steadily increases. The land
problem after all, underies the bread prob
lem. 1t Is the duty OF the government to up-
derstand this and to act wisely for the good Of
posterity. This can best be done by restrictive
laws, making corporate land monopoly impos-
sible for the future. While the American
people have escaped the evil OF land monop.
oily under the laws OF primogeniture of the Id
world, they may y, find themselves involved
in more serious condition that OF land mo
nopoly from titles in perpetuity caused by
10 comply with this demand of the people
OF Texas theref re, who had the right to
make it, law now becomes necessary by your
honorable bodies, and the following suggest
ions thei Elm are respectfully made:.
1. Declare that land corporations are contrary
to the genius OF O free government. and shall
Az 'IaYa9
such as may be expressly authorized by law.
That no such operations shall here
after be chartered or be permitted TO do busi
ness in the state after limited period named.
B. That further acquisition OF title or interest
In land for speculative, agricultural or grazing
purposes shall be prohibited.
L. That those now holding title to or interest
in lands for agricultural or grazing purposes, or
that may, under the PROVISIONS of the law au-
thorizing them TO purchase real estate in col
lection OF debt, hereafter acquire interest i'll or
title to such land. shall within u specified time,
consistent with vested rights ali, nate them to
natural persons wind up their corporate affairs,
and leave the state on prescribed penalties and
forfeitures.
1t would be we'll to so frame the law as to
permit all manufacturing, transportation and
other corporations whose purpose may not be
the owner hip OF lands, to possess, use and re-
tain rs much real estate as may be proper for
corporate necessities: that those engaged in the
building and improvement of hsrbors, homes
and additions TO towns and cities shall not be
laws, regulating and controlling irrigation and
mining conn anies in the improvement, deve-
oDment and use OF arid and mining land shall
not be affected; that all corporations engaged
In 7, deeming swamp or overf0wed lands may
10 on undisturbed
Under existing conditions there Is no public
necessity OF placing any further restrictions
around corporations engaged now In improve.
ments and Industries beneficial 10 the public.
The aim OF the movement Is to prevent the
further Investment by land corporations in
agricul tural and grazing lands aud all other
lands for speculative purposes.
The Railway Comm ission.
Before the adoption OF the commission
amendment 1t became generally conceded that
under the constitution the power to make and
regulate the traffic rates To be collected by the
railways in this state was vested n the legis
lature without authority to delegete 1t to any
government agency. This power was partially
exercs, only by the legislature, and there
fore, 1t was performed without restraint by
the chosen agents OF the corporations them
selves
The autho rity to collect tolls or traffic taxes
is governmental function that cannot @
legally exercised except by the consent of the
government. Until the commission was
created, the railroads by consent OF the state,
exercised this franchise at Will, raising, lower
ing changing or maintaining traffic rates col
Il cted from the commerce OF Texas without
notice TO or consu ting the shipper. undts
turDed from any source The comm ,ssion law
simply withdrew this franchise from the rail.
way companies, who had always acted
through agents selected by themselves, and
delesate IL to three citizens as agents OF the
state government, called railway commits.
sion. BY that law the power and authority
was vested in the commission, and 1t was made
It's duty to adopt all necessary rates, charges
and regulations to govern and control railroad
freight aud passenger tariffs; to correct
abuses; to prevent unjust determinations
and extortions therein and to enforce the
same by having penalties inflicted on the de-
linquent companies as prescribed In the act
through the proper courts OF the state having
jurisdiction OF the case. The main object
and purpose OF the law was to vest the state
agerts with power to do under oath what the
corporate agents without oath had always
done-to levy the traffic taxes or tolls the
people must pay when they ship over the pub
lie carriers, called railroads
The law was appropriately divided into sew
eral parts the power and effect OF neither one OF
which depends upon the existence of The other.
First. The first pertains t. the organization
OF the comm ,ssiou aud Its authority 10 estab
lish rates and prescribe rules and regulations to
govern transportation OF traffic. In the eXer-
else of this power the commission is required
before II can establish any rate TO give the rail
road company to be affected thereby ten days
notice of the time and place when and where
II shall be fixed, and guarantees the company
the right Ia be fully heard at such time and
place To the end that Justice may be done, and
ptoyid for public Investigation and for pro-
cess to enforct the attendance Of its witnesses.
Second. The next division of the law simply
prescrbes rule of evidence to govern all the
parties including the railways and other per.
sons, when the reasonableness OF a rate so fixed
OF evidence Is established by section g. and pro-
yid 5 that In all actions between private MR.