San Saba County news. [volume] (San Saba, Tex.) 1874-19??, 1893-01-20

sons when the reasonableness OF a rate so Ike,
I By the commission may be assailed This rul,
Of evidence is established by section 3 and pro
4 vides that in all actions between private par
1 ties and rnilway companies brJaGhI under III,
I law the rates prescribed by the commission be
fore the institution OF such action shall be held
conclusive and deemed and accepted to Be rea
! snnable fair and Just, and in such respects shall
/ not be contrnrerted until officially fnt,ld 9th
I erwise in a direct action brought for that pur
I pose in the manner authorized in two O.hel
sections Of the law.
| After the railway companies and all partie.
1 have been afforded an oppOr,unlt o. be heard
befo the commission on the establishment u
/ the rites they axe simply rrOhihiicd from col
| faterallv attacking the judgement OF the com.
mission In this respect a Wcll-tsiaLlt b ed
I rule OF evidence has been observed When *
] ercisiqg lis power und T the constitution and
I law. the commission is required 10 give all the
/ railway companies interested a hearing aftel
due notice before j c an legally establish "a rate
/ Afier rate ha- been thus established bv ths
| commission. Il Is no more nor less than iudg
ment Of a competent tribunal. within confeni
plntion of law, that cannot be cullaterallv at
I lacked. To avoid any probable injustice thai
| NAV be Inflicted on the intere ted railways hy
! the iudgemento OF the commission in fixing tfefl
/ schedule OF rites. the law provides and give,
/ them ample remedies throughout tie courts oil
the county named by direct proceedings
against the commission To protect the citi
zen against expensive. hHrraSsiug litigation
Z over the issue as 10 whether the rate i reason
( able when he brings an action 20 recover pen
Z
railroad company in thar acton the right %
/ raise the issue on that point. ON the one hand
should the law deny the railway company the
{ right OF having the action OF the IA lWnV com
/ mission reviewed bv The courts OF the country.
probable Injustice might be done them On
I iht other, IL the law permitted q railway
I company, after il had been afforded a full hear
I ing before tine eummissiOl q condition pre-
/ redent to the esta lishmeut OF the rates. which
~ required under the law 20 be reasonable, 70
= ,kasin any case brought by citizen 10 re-
's,ss.,-s penalty prescribed by law for over
! charge or discrimination and there contest the
question which had already been passed on,
would work untold mischief and damage %
the citizen In other words, the law justly
proposes opro.ect the railway company from
possible oppression by the commission. and 10
guarantee to the citizen that he shall not be
yeNed and harassed with endless lit alton
when he goes into court to asset his rights
against a railway company.
Third The third division OF the law pertains
TO the jurisdiction Of the courts in Rl cases
where any eailroad company or other party at
interest may be dissatisfied with the action OF
the commission and desires to have the ques-
ton judicially settled. No citizen. municipal
corporation, association OF persons nor railway
company can collaterally att ick the action OF
the commission und2r this lsw; but II dissatis-
fed with the commissions work, either OF
them being an interested party, has the right
TO sue the commission in a competent court of
Travis county and have It's 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
OF citizen is given the further rlght OF appeal
to the supreme court of civil appeals, having
jurisdiction. In all NJ the courts such ise
against the commission / by law given prece-
dene OF all other cases then pending, 50 as TO
afford a speedy termination OF the isSus-
Fourth. The Jas general division OF the law
OF importance here u discuss. defines extur-
lion and determinations and prescribes the
penalties that NAV De recovered ana the courts
in which actions therefor may be maintained
against the offending company.
This law contains lwenty-three sections and
thirty-twe su0diy isiOus thereof appropriately
divided, and are intended 10 give effect To the
four general features just discuss d. to-wit,
a. The power of the commission 10 make
rates III The rule of evidence TO be Obcyed
by the courts when the enforcement OF rates is
the object 81 The right Of all parties. inrlud-
ing the railways, To contest ans action Of the
commission and the court through which II
nsy be done. And g. J The penalties 10 be re
covered from the offending company Tor yio-
lHtiOn OF the commission law. Neither the rule
OF evidence nor the jurisdictional question nor
the penalties prescribed add T. nor diminls i
he power OF the conn ission TO exercise the
delegated authority rs a judicial tribunal in
establishing rates, rules and regulations to gov
eru transportation in this state. Neither is the
rule OF evidence controlled by the powers Of
the commission. the jursdictional question nor
the pen tiles prescribed. 10 m6y be correctly
said therefore that neither OF these general di-
visions OF the la s depend on the maintenance
OF the other, and that either OF an of the three
latter may be abolished, and vet the purpose
and object intended ny t-e Investment OF the
powers in the railway co mission viii not be
disturbed In the first place due process OF
law has cen fully prescribe Tor 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 snted equal protection of he laws. IN
that II they complain OF the rites for being 200
low, or ii any party shall complain Of them for
being too high. there is a common court and
procedure. as well as rules OF evidence pre-
sssrtflai for the Snff cement pOWfrUVeFgV
Certainly the commission might adopt nstes
.1--ETe-lild discriminate against some city.
high rs 20 Hm0Ghr To t0hfs atIOn OF NOR
property. This might not cause the railways
TO complain They possibly would prefer %
enforce such rates, ana indeed they would
nave TO DO 50 under the commits sion law. To
get relief FRI N 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 oD1res -iVe OF the interests
OF n railway, then il must 20 into the same
court and have that quest. or settled by action
against the commission A common ground
and equal protection, therefore. are guaIau-
leed py the law 10 all complaining parties
With the law otherwise. so that n muitiplicifv
OF actions could be brought As varied and dis
tant as are the courts from the capital IL
would be practically destruction Of The com
mission The efficacy of this law may be more
clearly understood from the onicial statement
that up 10 the time OF the extraordinary action
OF n federal judge no suit TO recover a lien-
N any court during he commission period OF
eleven months. nor had there been during That
Time an action brought by railway company
OF other person against the commission COM
planning OF its action in prescribing rules or
irainc rates 10 govern Transportation. II re
manned Tor foreign b4ndholders. many OF
whose securities were Issued in violation Of the
constitution. - enter federal court and di-
tu' D the harmony and peaceful relations ex-
lsilug under This just law between the o. Ouie
and their common carriers. In that court
lf
mission the a torn y general and railway
companies as defendants, ASKING the commits
SION rates 10 be restrained and held void upon
the ground that the law is unconstitutional Z
ana for the further alleged reason Z
nat the SAID rates are unreasonable, -
n that they are too INV TO raise rev
snuc SUFFICIENT vi which to pay the expense, 3
nl operation ana interest ON their bonds
inef made no ciarg-. however that "A default F.
u interest had occured. nor hat they had NJ
adequate remedy At law TO project rieir inter
SIS, 50 as to give tn I'm ri Int ol action After
! long prel minary invest CATION. the court
granted temporary Injunction substantially
raldinS that the rates are too low and tsat the .
snole Jaw Is unconstitutional h issue OF E.
act now - be settled in the federal court az
ects the question as to waotaer the whole
chedule o. rates fixed by the commission *
easOnAble The efficacy Of sections live and
TX, proniot this question Il ON being raised in
-hsNer 10 anF answer brought by citizen to .
ecCVer penalties from q railway company for .
Yer-charg ng in single item cannot be more
Expensive Litigation npH pending on tina. sub
ect In such acton for an overchar.e the
ise must ord rarlly depend on proof of v.oH.-
ION 1f an independent commission rate hy the
ANYWAY company; and IL the piaiGtin succeeds. .
e can recover a penalty Of not less than Sl3l
ia not more than SSQ- Should the company
. such acton have the privilege after il has
cen afo ded a full healing and Judgment on
ne feasonaDleness OF the rate before the com
iisslon % enier county court and deny that
he freight rate sought 10 be enforced is reas-
IlfNNf an fssN fHnH=fa H~aFun
,heduie OF rates under which the railway O.i-
rates the company would enjoy more than
le equal protection Of the law by the denial OF
~ right in such cases to the citizen
No citizen IS equippel for such Il contest
he issue OF what l. a reasonable rate involves
ie whole schedule OF rates governing trans
D; tahon- lis settlement cannot be fair ex-
,pi after fu!l investigation into the annual
ceipts and eNpendt lies OF the railway COM
any, ana INTO lis effect upon p1hllc interests
general The rat question after ali Is "A {
lolic question. Private rights are subordin Z
etc public Interests in its regul ton The ;
,mmisslon is a tfibunal Great ii bv authority
tine constitution to act for the pubic includ [
Z ne railways. after due notice and u iud
ir hearing TO the Interested co ND tnies - .
lite all such questions to relieve tho carriers
III Shippers from Injustice To permit the
always or others to ATTACK this solemn deciS-
u, when made in a colltteral WAY in any
urt Is nut TO overthrow an established rule
law Eating back fas beyond the life OF this !
'verninent No private party or cit I
an has ever been accorded thar privilege D
rough any court Of equit- or law. and il r. /
aims for a federal Judge to do So hv extend ]
z that right for the first time Ia TIE history I
this government to auV one. ana Of course =