Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-06-29

populducn, Win lr1s poverty hnu Hivre
universal prosperity than any portion
OF the American union. From this time
on our people. while welcoming every
honorable. Intelligent human being who
desires to locate among US. cannot I'M
vite nor do thsy want ahiftless,
thriftless. communicating. lnwiess
element. II that class comes 20 Texas
they are certain 70 see hard times.
Some one asks II the state IL not un-
friendly 10 capital. Well, this is get
ting to be "chestnut with n Loie In
It," You know there are capitalists
and Capitalists" one class OF ffl-
lows wishes 10 get rich by town lot
booms and wildcat schemes. support
ed and upheld by the metal called
brass. In other words, that class OF
men are inimioal TO honest capital.
Their profit lies In the margin or wind
and water and inflated booms above
the dead-line OF honesty. Their tales
OF Texas lie in every part OF their
mouths. They would never be content
with a reasonable return on an honest
investment In any country. lntruth,
they never engage In such Dealings.
This class OF Capitalists" Of late have
contempt for the very name of Tex
as. and declare that her laws ara the
personitcation and quintescence OF
inhumanity and communism, menace
have such an opinion from such a
source. Their Ingenuity, their subtiety
and sugar-coated stories, however, may
have nisled men Of integrity and
wealth who never desire to play upon
the cupidity OF their fellow man nor TO
swindle anybody, but are anxious at
all times to make an honest investment
and be content with safe return on IL.
| know full well that false impressions
have gone abroad In reference to Ave
laws that have been passed during my
administration. They are regarded by
thoae who understand them and respect
fair dealing and good government as
the elimination Of substantial justice
and undoubtcd wisdom. They are the
Safeguards and 'bulwarlss protecting
the liberties and rights Of an honest
frugal patriotic people. fully capable
of self-government They are the
foundations today OF our state govern
ment relaid 90 meet the strange new
conditions OF the twentieth century
now upon us. At the risk Of taxing
your timc | Will briefly explain them
TO you. They arei
/. The railroad commission law.
2. The railroad stock and bond law.
!. The alien law.
4. The municipal bond law.
3. The corporation land law.
The muoh-talked-of and greatly mis-
rApresentod railroad commission OF
Texas consists OF three men appointed
by the governor who upon cath are
required by the law OF their creation
to adopt all necessary rates, charges
ana regulations that AFFECT or govern
r1llNay transportation having origin or
destination within the state, and to
correct abuses and unjust discrimina-
lions and cxtortlons In relation therto.
In other words. the railroad comis-
sion represents the public, which, OF
course, includes the railway companies,
In establishing and maintaining
classification of frelghts and a schedule
or charges that the shippers and the
companies must observe In the trans
portatlon OF traffic over the railroads OF
Texas. This work was formerly done
by railroad agents, who were not under
oath, and represented their own and
the railway interests exclusively, free
OF regulation or restraint. The commits
sion executes II law under oath with a
view OF protecting the public against
extortion In traffic charges and allow
Ing the owners OF railways a reasonable
return ON their Investment In addition
to having their property efficiently
maintained and operated. Before maxi
Ing rates the commission is required by
law to give each railway company to
Nv RAA'Nh'A AilNlfUN zen oil
the time and place when and where
they are TO be established, and to give
II trial and y hearing to the end that
Justice may be done. At this trinl or
hearing tho company Ia entitled to
compulsory process 10 enforce the at
tendance OF witnesses, and It can APP
pear through agents, officers, counsel
or other and as many Representatives
as u chooses, to see that the rates es-
IN Dll4hnn "a Pa a, IA
law expressly provides that Il the com
pnny or other parties NJ interest be
dissatisfied with the rates or acts es-
lablished as tive result or the trial be-
fore the oommlsslou, either or I'll OF
thom may Me Il petition setting forth
the causes OF objection thereto in any
court Of COMPETENT jurisdiction holding
sessions at the capital city OF Texas
against the commission, and therein
have the question at issue Immediately
tried as other civil cases, either before
jury or tho Judge. CasOs ~ this char
acter are given precedence over all 9TH
ers In tho trial court and also In the
supreme court, to which the right of
mediate appeal IL In plain Language au-
thorized. The plan Of the law * 10
have all questions touching the rela-
sonnbleness OF rates. and regulations
afrfcting transportation settled before
the commission or In the courts where
the complaining party or the railway
company and the commission are the
opposing litigants,
When the rate Is established II can
not be collaterally attacked In any
court. II attacked at nil, II must be
by direct proceeding against the COM
mission in a court Of competent juris-
diction. The law does not declare In
wha. particular court tho action
may be brought against the commits
sion, but says "in court of coniOe-
tent jurisdiction in Travis county.
Texas"-in which the capital OF the
state and the commission are located.
II Federal question is inyolrSd, OF
course the federal courts iherN have
jurisdiction" II not, the state courts
are authorized To try all cases arising
between the commission and all parties
who choose 20 attack Its work. Some
persons who perhaps never read Inc
law or overlooked or forego its pro-
visions have been heralding il al hema
and abroad that II gives the Commission
arbitrary power. and denies the rail-
way companies a trial or hearing in
court to protect their rights from in
Justice and their properly from con-
flscation Before sensible men believe
such tales as these, they should got a
copy OF the law and read it. II section
6 does not expressly authorize suits
against the commission by any frn-
road company or party at interest'' In
"a.