Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-06-01
THE COMMISSIONS STATUS
A cIenr and Logical Statement of
tho Result OF the supreme
Courrs Decision Upon the
operation of the same.

terday by II reporter and INTERCEPTED
as to the effect OF the late supreme
court decision upon the work OF the
commission. He has as yet received
no official notification OF the result In
the supreme court. II Is supposed that
the mandate win arrive on time for the
commission to resume operations in
the latter part of June.
"To what extent and In what man
her" asked the reporter. will the de-
clslon of the supreme court affect the
general operation OF tho commission
laws"
so far MS the decision goes in this
case the law is left In full force IN all
Its provisions, The power Of any court
10 suspend by INDUCTION or otherwise
the execution Of the law In respect to
fixing and regulating freight rates, and
making needfui rules TO carry out the
provisions Of tho laws against unjust
discrimination and other abuses IL de-
nlod by tho decision, and this IL the
most important feature OF the courts
opinion. Hereafter no court will be
authorized TO suspend by Ms orders the
functions of the railroad commission
ms regards the administration of the
law generally. In special cases of al
legged hardship by reason of schedules
OF freight rates made by the commits
sion, the decision maintains the right
OF the railroad companies and OF bond
holders and stockholders TO sue cut
iniunctlons or any other remedial pro-
cess TO restrain the enforcement OF the
Objectionable rate until It's reasonable
ness can be tested In court, This. how
ever, Will not Interfere with the gem
ern operation OF the law pending such
controversy"
Does tn decision diminish or abro-
gate In any way any power heretofore
claimed by the commission"
las | have already indicated, | do
NOT understand that, strictly speaking,
the functions OF the commission as de-
fined Ia the commission law, have been
abridged by the decision. 1t In de-
olnted to be Il legally established
and organized body with duties and
powers FULLY recognized as within the
legitimate scope OF state legislation.
The enforcement Of the rates fixed by
the commiAslOn. when disrcgarded by
carriers or others, the commission law
ccnfdes to the law department of the
state government"
In plain language, what liz the de-
ninloi or the court with reference to
-, ~ 'nAiNtlNl or Nnf FEDERAL rnurtN|f
The decision plainly ASSERTS lurlgdic-
ton In the federal courts sitting ns
courts or equity to Lrrnt such relief
az . court OF equity " Iuat!ficd In nv
ing against 'mlataken action ON the
hirt OF state or It's commission In
furious TO the rights Of railroad cor
pointion or any citizen Of another atate
Interested indirectly therein Whllst
nearly oil the railroad curpori,tious on.
eraung railroads In Texas are citizens
Or thiH state AMI would have no right
TO force the state to go Into tho federal
courts, the bondholders and stocithoid,
crs OF NJ our railroads are largely com
posed or fcaldentB OF other states and
countries, SO that II VIII readily be
nPen mat a railroad company though
n resident or this state can. hy acting
through IFS hondholdora and stool.
holderp 20 into the federal courts If
IL 40 dealrea, with IL complaint against
~ objectionable tnriff rule or reg1ila-
u9ec a maze dc By ,!,,i the e2,m,misglon' "
authority and Jurisdiction result No.
tween the state ana federal courts In
the matter OF aottllnP reasonnbleness
81 rates ana enforcing penalticsY nov
nhthnee. could clush between state
anu heuerul courts occur In cnsc
Mhcre the federal court had cnfoined
the enforcement OF commission rates
ana pending the suit Ia the federal
court, shipper should attompt To-
enforce the penalty for violation in
the state oourt2"
1T Is very reasonable to suppose
that conflicts Of jurisdiction may arise
from the institution Of suits by dif.
ferent parties under the circumstances
stated by YOU. Generally apcalklng
the federal ana state Judges have in
the interest OF harmonious and orderly
proceeding, avoided conflicts OF jurla-
dietion between their respective courts
by yielding Jurisdiction TO the court
which tirst obtains jurisdiction OF the
subject matter and partios 10 n given
case, Unless Erent care shall be oh.
served BY the judges OF the respective
courts 20 avoid conflicts such az You
mention, they Will probably aflse In
such cases great confusion might oc.
cur. The Innate love OF order and law
which chnrnctorigoa our poople and
whioh VIII control tho administration
Of the laws by the courts viii probably
avoid any very HerlDus trouble IN this
rrspect. The authority NJ the federal
and state courts with respect 10 onch
other are equal In NIL matter Of which
they have jurisdirtlon Neither is
above or below the other, and neither
u subject 10 the control OF the other
IN the exercise OF lawful Jurisdiction
Hence In cases whore both courts have
irriedictlon OF the subject matter and
pnrties to n given cause OF action, tho
court nrst taltinr oognixanee IL usually
concedtd Jufi3diction by the Other
court"
please explain why the court do.
clared the ratca already eatahiishsd
were excasaive?'
The issue or unreAsonahlonNs. -,
The commission rates waR MOI mnd,. "a,
the state In tho court below on ,hSs
trial IN order 10 procure an cnriv de.
cision by the supreme court rno,
Inc vital questions OF the conntitntion,
nhtS et tiiv communication law. md ~,
leEal power of the courts 10 susne,,f
me exercise Of the functions ~ ~,
commission, the state at the TRIM vith,
drew It's answer and submiitea ~,
case on tho demurrcrs 10 the pleadin, ~
81 plaintiff. This LETT the ,ilcgntio,,,,
or the bills and cross-hille of Tho hnnH
holdera and railroads as Ia the unre,
condolences OF the rates as CONFESSED
NO evidence upon this subject was In
uocured or considered The tiseusaio,
Of ms subject by the supreme cour
and rs conclusions are based uno,
inc naked allegations contained In ~,
plcadinRs. One instance OF tho ,,nre
liability ~ the courts conclrsions ,,nn,
THIS subject as u true ascertain mon
of the real truth as 10 the renaonabic
ress or the rates under discussion 4
nmorded when II Is considered that n,
basis for liking rates the cost on con
ntfucuon and equipment OF the INTO,
national rnilrOnd ~ nIncnd ~ 80 Il.