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

right OF having the action of the hilWay com
mission reviewed by the courts of Nhe country,
probable Injustice might be done\ them. On
the other, IL the law permitted va railway
90 npany, after IL had been afforded d full hear
ing before the commissio as a condition pre-
cedent TO the esta lishment of the rates, which
are required under the law to be reasonable. to
answer in any case brought by a. citizen to re-
cover penalty prescribed by law fot over
charge or discrimination, and there contest the
question which had already been passed on
would work untold mischief and damage to
the citizen. In other words, the law Justly
proposes to project the railway company from
possible oppression by the commission, and TO
guarantee 10 the citizen that he shall not Abe
vexed and harassed with endless liti atisn
when he goes into court to assert his rights
against railway company.
Third The third division OF the law pertains
to the Jurisdiction OF the courts in all cases
where any railroad company or other party at
interest may be dissatisfied with the action OF
the commission and desires to have the ques-
ton 1udicially settled. No citizen, municipal
corporation, association OF persons nor railway
company can collaterally attack the action Of
the commission under this law; but II dissatis-
fed with the commissions work, either of
them being an interested party. has the right
to sue the commission in competent court of
Travis county and have its work reviewed.
corrected, modified or abolished, according to
the ends OF justice. II dissatisfied with the de-
cision of this court the comp aiming company
or citizen Is given the further right OF appeal
to the supreme court Of civil appeals, having
| Jurisdiction. In all OF the courts such re
! dene OF all other cases then pending, 80 as to
afford a speedy termination OF the issue
Fourth The1as general division OF the law
| of Importance here to discuss, defines extor'
| ton and determinations and prescrtbes the
penalties that NAV be recovered and the courts
| In which actions therefor may be maintained
against the offending company.
! This law contains twentythree sections and
1hirty-two Subdivisions thereof, appropriately
divided, and are intended to give effect IT, the
| four general features lust discussed, to-wit:
| ~ The power of the commission to make
rates. (2.) The rule of evidence to be obeyed
| by the courts when the enforcement of rates 10
tho object (3.) The right of all parties, includ-
ing the RAILWAYS, u contest any action of the
commission and the court through which II
may be done. And a.. the penalties to be re-
| covered from the offending company for a viO-
lation of the commission law. Neither the rule
| of evidence nor the jurisdictional question nor
| the penalties prescribed add to nor diminish
| The power OF the coma issiOn to exercise the
| delegated authority as judicial tribunal in
establishing rates, rules and regulations to- gov
ern transportation in this state. Neither is the
rule of evidence controlled by the powers of
the commission the jurisdictional question nor
the pen tiles prescribed. 1t may be correctly
said therefore that neither OF these general di-
visions of the law depend on the maintenance
of the ether, and that either or all OF the three
latter may be abolished, and yet the purpose
and object intended by the investment of the
powers In the railway commission Will not he
disturbed In the first place, due process OF
law has cen fully prescribei for the railway
| companies before the powers of the commission
can be exercised in establishing q rate affect
ing their rights" In the second place, they
are gr nted equal protection of the laws" in
that If they complain Of the rates for being too
low, or II any, party shall complain OF them Tor
being too high, there is common court and
procedure, as well Ms rules OF evidence, pre-
scribed for the settlement of the controversy.
Certainly the commission might adopt rates
that would discriminate against some city,
private corporation or citizen, or be so
high as to amount to confiscation OF their
property. This might not cause the railways
NIa4N aINIx en-,
enforce such rates, and indeed they would
have to do so under the commission law. To
get relief from this oppression, an interested
citizen or corporation could only sue the COM
mission directly in the proper court at Austin.
Likewise. II a rate or the action OF the COM
mission should be Oppressive OF the interests
OF railway, then 1t must 90 into the same
court and have that question settled by action
against the commission. common ground
and equal protection, therefore, are guaran-
teed by the law to all complaining parties.
With the law otherwise, so that ipltcity
of actions Id be brought as varied and dis.
tant as are the courts from the capital, 1t
would be practically destruction OF the com
mission. The efficacy of this law may be more
clearly understood from the official statement
that up to the time of the extraordinary action
of federal judge no suit to recover pen
atty against railway company had been filed
In any court during he commission period or
eleven months, nor had there been during that
time an action brought by railway company
or other person against the commission com
planning OF its action in prescribing rules or
traffic rates to govern transportation. 1t re
NAMED for foreign bondholders, many OF
whose securities we're issued in violation OF the
constitution, to enter federal court and dis
tn b the harmony and peaceful relations ex-
listing under this just law between the p ople
and their common carriers. In that court
they prayed for an injunction against the com
mission, the a tornry general and railway
companies as defendants asking the commits
sion rates to be restrained and held void upon
the ground that the law Is unconstitutional,
and for the further alleged reason
that the said rates are unreasonable
enue sufficient with which to pay the expenses
OF operation and interest on their bonds.
They made no charge, however, that default
OF interest had occurred, nor that they had no
adequate remedy at law to protect their inter
ests so as to give them right of action. After
o long prel minary investigation, the court
granted temporary injunction substantially
holding that the rates are too low, and that the
whole law Is unconstitutional. The issue OF
fact now to he settled in the federal court AZ |
schedule OF rates fixed by the commission is
reasonable. The efficacy Of sections five and |
six, prohibit this question Il ON being raised in
answer to any answer brought by citizen to
recover penalties from railway company for
over charg ng in single Item cannot be more
clearly demonstrated than by this prolonged,
expensive legation now pending on that sub
ject. In such action for an overcharge the
case must ord narily depend on proof OF viola
ton ot an independent commission rate by tle
railway company; and II the plaintin succeeds
ho Suh hOSo'Vi o. Poualsf VI hOc 1000 ehoi V'~''
and not more than 800. Should the company
in such action have the privilege after 1t has
been afo ded ii full hearing and Judgment on
the reasonableness of the rate before the com
mission to eni err a county court and deny that |
the freight rate sought to be enforced is reas
enable to it. involving, as II must, the whole
schedule of rates under which the railway op-
crates, the company would enjoy more than
the equal protection OF the law by the denial OF
that right in such cases to the citizen.
he following may be relied on as some of
the results Of the railway commissions work:
I. Railway rates have not been increased |
alb We those In force when the commission law
took effect.
9. Rates so far as fixed by the commission |
have been reduced below those enforced by the |
railways
g. The low. reasonable rates on traffic, like
cheap excursion rates for passengers, have so
ways have each been benefited thereby
T. The regularity equality and stability of
the rates adOp ed by the commission have re- |
assured commerce, prevented reckless specula- |
tons in the market and stimulated domestic |
transportation in all quarters, giving conf |
dence to the shipper, just remuneration to the |
railways, and saving the producer a just profit !
on his investment and labor.
.. The commission rates and rules, together |
with the law governing transportation, have
reduced the system OF rebates, special rates, |
under billing discrimination aud ext0rtions |
almost to the minimum.
6. Peace has been made in the courts be- |
tive n the people and the railways on all ques- |
tons affecting transportation.
Hinder the ODpratiOn of the com mission law, 2