Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-01-13

Travis county and have sc work reviewed
corrected, modified or abolished, according 70
ci7ion of this court the conpaiuing company
or citizen n given The further right 81 Hppeol
q the supreme court Of civil appeals. having
against The commission "a BY law glvcn prece
done 81 an other cases then pending, 20 ~ 10
A1Qrd speedy termination of the ISSUE.
lourih TIE las general division ~ she law
Of inlportance here % discrsA defines cxtor
ton and diacriminahons and presorloes the
penalties that may be recovered and ne equrts
IN which actions therefor may 10 maintained
against the Offending company
This law contains twenty three sections and
hirYtwo susdivisious thcrcei appropriately
four general features Just discussed to-wlt
o. The power OF tho commission 70 make
tates. go The rule q evidence TO b oheycd
BY the courts when the enforcement OF rates IL
tho object 90 Tho right u ell parties includ
ing the railways. % contest any aotion Of the
commission and the court through which 10
mhy be done. And a } the penalties 70 Dc re-
covered rom the offending company fora VIC
latiOn % the commission law. Neither the rule
81 evidence nor the jurlsdicloual question nor
the penalties prescribed add " nor diminish
NE powcr Of the comHisfion % exercise She
delegated authority a. q judicial tribunal In
establishing rates, rules and regulations ~ GOV.
era transportation IN this state. Neither Is The
rule Of evidence controlled by the powers Of
the commission, the nfisdictionel question nor
the pen lues prescribed ltmay be correctly
said thereflTc that neither OF these general di
visions OF the lh ~ depend on the maintenance
OF the other, and that either or en- OF the three
latter may BE- abolished, and yet the purpose
ana object lutauded by she investment Of the
powers iu the railway commission Will not he
disturbed. In the nrst place, duo PROCESS OF
law has cen fully prescribed ior the railway
companies before the powers OF the commission
can be exercised In esiahilshing rate AFFECT
ing Their Tlgh's" In the second place, they
are gr nted equal protection OF the laws" IA
thtt ~ thoy complain ~ the rates Tor being too
low, or IL any party shall complain Of them fos
hoing too hiEh, thgJe Il q common court and
procedure, o. we'll as rnles Of evidence, pro.
acrbed for the settlement Of the controversy.
Certainly the commission might adopt mtes
that would Discriminate against some city
private corporation or oiufon, or be 20
high a. o. amount TO Couhsration OF their
property, This might not cause tho railways
10 complain. They possibly would prefer 90
enforce such rates, and indeed they would
have % do 90 under the commission law. 10
Get relief from this opprcseion, au Interested
citizen or corporation could only sue the com
mission directly In the proper court ~ Austin.
mission should be oppressive OF the Interests
OF a railway then n must 10 into the same
court and have that question settled by action
against the commission. common ground
aud equal protection, therefore, are guarau.
teed by tho law tO all complaining parties.
With the law otherwise 20 that multiplicity
Of actions could be brought as varied and DIS
tant "a are the courts nom the capital it
would be practically destruction OF the com
mission The emcacy 81 this law may be more
clearly understood from the onicial statement
that up 90 the 0me OF the extraordinary actiOn
OF federal judge no suit 10 recover pen.
atty against railway company had neen Sled
IN any court during he commission period OF
eleven months nor had there been during that
time an action brought By n railway company
or other person agninht the commission com
planning 81 iif action IN prescribing ruios or
franc rates 70 govern transportation no ne
maineo for foreign hundholdcrr, many 81
whose securities were issued IN violation ~ the
constitution, % enter iodWN court ana dis
turn tho harmony and peaceful relnuoua OK
listing und0r this Just law between 'he p-ople
aud taeir common carriers. In fhRt court
they prayed for an Injunction against The com
companies az defendants, asking tho commits
sion rates 10 be rcstrnined and held void upon
the ground that she law ia Unconstitutional
and Tor the further alleged reason
that the said rates are unreasonable
IN that they era TOO low 70 raise rev
enuc SUFFICIENT with which % pay the expenses
of operation and interest on their bonds
ThcY made no charge, however, that d defnut
OF interest had occurred nor that they had no
adequate remedy ~ law TO- protect their inter
ests 30 as % give them rlsht Of action. After
long pref Iniuary iuyospg cation the court
granted temporary Injunction substantially
holding thgt the Iatee are too low, and that the
fact now % be settled IN toe federal court ~
ftctl tho question ~ 20 whotncr inc whole
schedule OF rates liked by tho CONJUNCTION Is
reasonable. The enicacy Of sections Hve end
six, prohibit this question fiOm bsing raised IN
answer 10 any answer brought by eii'zeu 60
recover penalties from a railway company for
oyerchagg nQln single item cannot Do moro
clearly deinonltratod than by this prolonged
expensive tig1tion now pending on that sue
ioct In sucn actIon Tor an ovcrchargai the
case must ord manly depeud on pruoi 0f viols
ton ol ap Independent commission rate BY the
railway company aud n the plalun tuccceos
ho can recover "A penalty OF not less shan e'e5,
aud not more than 400 should the company
IN such action have th0 privilege after 10 has
been afo ded fun hea lug aud Judgment ON
the rcatonabicness OF tho rate beforr the com
mission, % enier county court ana deny that
the freight rate sought 20 be enforced ~ roaH
onabio 20 II involving w Y must, the whole
crates the conpauy would enjoy more than
the equal protection OF tbs Law by the denial Of
inst hight lu such cases to the citizen
he following may b. relied on Az some ui
the rcsulta ot enc railway commissions work,
g. hgilWHy fHtpS have not been increased
al ye those IN .orco when Tie commission law
took effect,
Rates 20 far M Gxcd hy the commission
have been reduced below those cuioictd BY the
railways.
g. The low, reasonable rates on uanic, like
cheap eXcurslon rates Tor passengers, havo ~
ways have each been benefited thereby
g. The regularity. equality ana stability Of
assured commerce prevented recklots fpeculn.
tionF IN the market aud stimulated domestic
transportation IN all quorlefs, giving conf
deuce 20 the 81 pper, JUST remuneration 10 the
railway, aud swing tnc producer Just profit
Oh his investment uia labor
o. Tho commission latct ana rules, together
WIN tht law governing AohAPut lHtiHlli nave
reduced tho byulem OF rebates special rates.
under BILLING Discrimination aud eXtortiOnH
almost 10 The minimum
q. Peace has been made la the courts be-
tWeHu The people and tho railways on all ques'
lions Affecting transportation,
Under the operation N the commission law,
farm products have supplied nome demands
as never before. Pat - OK from me ranches
and farms, have been shipped thgouehout the
state, supplying local wants, aud the po1i ones
have been inttened On tho products Of Texas
farms without the neo ssity 81 shipmentN 20
points beyond state linesi mills lave been
home labor at many pouts along tbs railways
10 manufacture Texas grain into HOnr and meal
90 supply home conAumpuoni rud nii
farm products have maintained re
fsature In tie markets that Nnos the federal
Injunction took oheg. theirs was q pereepuble
sudden decline in Ute price oi tho-o articles
Atuo period haye factories 10 consume thp raw
material in tho stats been more rapidly esnb'
lishrd and Succe6slully operated than duTiug
Toe Time when the cynmisaiou faiHa we're in
effect The work % the commission Wlll dem.
onstrato that under the inapriEs iuhuence Of
these low, reasonable rates he volume OF do
NESTLE irHhic carried by the rail AayH from and
o. points along their lines withih lhe state Tor
much greater thGn foI spy previous core
fpondlng period thst inc companies MADE es
much, n not moro, during tie ilme. - proper
ticn 20 this Increased business the rallWR}s de
mhnded lab3r and as consequence wages
WQrg mRlntained. not reduced. THO tendency
or reasonable local rates e Xed by the cOInulla
sion has heeu aud The ultimate erect Wall ~, 20
concentrate Texas tradio over che lines Of Texas
IniiwGys ~ short routsE, 20 water points Oh
tbs coast near by. who're ships wiz enter Texas
ports IN competition "a convey u % tpe markets
on he world With the antipathy OF railways
% water competition, ana their "a rtsirainod
poW0r ln ne absence ~ TO commission 10
llN.s ~. 'tllA"t4Nk lastA As'.,est W pyillt