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


apprised, for the whole OF it is within
the exclusive jurisdiction of the fed
eral Judiciary.
Link together this remarkable rec
ord with the bold extortions on one
citizen by the receiver and general
freight agent of this road. In spirit
of fairness view them. Is this
ALL THE LEGISLATURE CAN DO?
Has the state reached that condition
OF retrogrGssion and imbecility that it
must remain helpless witness to
such outrages upon her people? Must
she admit that her autonomy has at
last been destroyed by the federal
circuit judges? Is it pos
sible that the creatures on whom
she has lavishly bestowed her richest
bounties shall retreat behind any
power of authority, free from her con-
troll? Shall corruption, backed by any
authority whatsoever, enter her do
minions and Law the mailed hand of
eXtortion and oppression upon the citi-
zen by the abuse OF corporate fran
chises, and go unwhipped of justice?
Measured by the constitution and
laws, all courts ard officers, state and
federal, must stand. None of hem
are beyond the law. For no one is
there immunity in such a thing as the
"higher law", myth behind
which criminals crouch to under
mine and destroy this government.
High and low, public officials
and private citizens, the thief of a
dime, the robber of millions, all alike
are amenable to the same law. By its
impartial application the greatest
criminal may be reached and drawn
down TO the level of justice and visited
with coudign punishment.
Where there is a will, there is a way
The state is not 30 weak that it must
permit its railways to be used by any
power as instruments of oppression.
She has the right to punish the corpora.
tions directly, and she is amply able
to see that officials who claim i'm
munity under federal authority are
brought to the bar of justice-before
the proper tribunal-to answer for the
misconduct, oppression and crimes in
the abuse Of corporate franchises. No
cOalk of authority is broad enough or
so immutuble as to vouchsafe protec-
ton to crime. Deep laid in crime is
the spirit that leads to the abuse of
public trust. Railroad receivers and
officials have public trusts to perform
When they levy tribute on the citizen
for private ends they commit villain
GUS otfense against the public. All
parties to it, and those who fail when
duty calls them to check the act, are
culpable and should not escape.
The prevalent custom OF operat-
ing railroads through federal
court receiverships is perniciOus,
born of arbitrary power, defiant of
private rights, subversive of public
policy, and is the embodiment of dan
ger to free institutions. Nothing illus
trates this more than the proof of Mr..
Male. What he shows to be the
treatment by railway officials of per.
sons engaged in cotton COMPRISING is
understood to apply to those engaged
in manufacturing of all kinds with
the hope of remuneration. Their sue
cess depends on the favoritism of rail-
way managers. To correct this evil, as
well as to establish just rates, the rail.
road commission was created. To
avoid inspection and regulation by
this state authority, the railways Gre
ated and endowed by the state govern
ment, cringe behind federal court
INJUNCTIONS AND RECEIVERSHIPS.
Mr.. Male tells of Receiver Dilling.
ham calling on him to take back the
Ennis compress stock because of in
terrogatOries propCunded to him by
the citizens of Corsicana which he has
to answer. Right here is pertinent
point affording an index to the vicious
methods of such receiverships Years
before that road was taken charge of
by the federal court the people of Cor
sicana, by private subscriptions and
liberal bonuses, made contract with
the railroad company to permanently
locate its machine shops there. This
was done and for several years har-
mony and satisfaction prevailed be-
tween those people and the railway.
A ter the federal receiver took charge
of the railway property, and together
with his ca. officials. became interested
in Ennis, especially in the compress
there, he Loved the machine shops
away from Corsicana to that place
about 80 miles distant. The Cor.
sicana people tried to prevent this
high-handed act by applying to the
federal circuit judge for an injunction
to restrain the receiver. They came
out of that case about like all other
citizens do when they attempt to sin.
terfere" with federal court officials in
the exercise of their unrestrained, ar
bitrary power. 1t was in this case
that the charge was publicly made CAL
ling in question the integrity of the
courts receiver, but to no avail, for
the machine shops were promptly
moved and the receiver retained.
Thus the speculation and oppression
were consummated. While testifying
In that case the receiver was prepared
TO answer questions, as he had dds.
posed" of his interest in the Ennis
compress stock. After swearing, he
regains it with increased advantage
until he and his associates own it all.
So, starting in poor, in manner pen
1iless, these officials, not satisfied
with liberal salaries, grow rich in
ew years by the virtual coDfiscation |
If the property of one citizen. How
many others have been the subjects of
heir greed and rapacity, gratified
rom the strongholds of federal
may be known only by
q rpipn how manu- oononrauc,.., oil