Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-06-02
COMMISSION AND BUSINESS.
CAPT. FRANK BALLS OPINION OF
THE DECISION.
Thinks II VIII Revive business and
stimulate Manufacturing Inter-
ests-RaiIronds should stop the
Fight ana Accept situation.

been confined TO his room for some
time past ON account OF illness, was
seen at his residence yesterday by Ga
zette reporter, and when asked for his
opinion concerning the recent decision
Of the supreme court Of the United
states In the ruilroad commission
case said:
Il am generally willing to give brief
ly my views upon any topic OF public
interest when requested to do 80, but
please let 1t be known that am not
rushing into print with cut and dried
interview. so-ealled. which. as is 50
frequently done by persons who are
fond Of seeing their names in print. /
do not admire this method of gaining
cheap nptorlety."
what Is your opinion as to the
scope OF the oplnlong There seems to
| be a wide una rndicai disagreement
among the lawyers as wen as among
| the newspapers as 70 what ground the
| opinion OF Judge Brewer really does
cover. Now, II 1t is not too much trou-
BILE ,rhe Gazette would like to HAYS
! your opinion as to the scope Of Tie
| decision and It's probable effect ON
| Texas"
AS understand the opinion, It holds
In positive and unequivocal terms that
| the whole law, as II now stands, Is
constitutional. with the exception Of
| two sections. (Nos. and 81
| THESE two sections IT Intinntes are
| likewise constitutional, but declines to
make n direct ruling on that question
at the present time, FOR the reason that
| said sections are independent provla-
| Ions, and that their cun5ttutonallty
ia not necessarily brought In question
| in this case, and for the further rea-
| son that the other parts OF the COM
| mission law, which the court upholds
| as being undoubtedly valid, can be en-
| forced without regard to these two
| sections. The remainder of the opln,
| Ion consists very largely OF oblter die
| tn, that is to say II consists Of dis
| CuHsiOn OF questions which are not
| necessarily Involved in the determine
] tlOn of the case, and which Is generally
| considered by bench and bar as being
/ nothing more than an expression OF
! the Individual Views OF the judge rem
| dering the decision, and as not bndA
| Ing us precedent THESE individual
i opinions Of Justice Brewer are them
| selves based upon an Incorrect infer
| once, which he draws from facts dc,
| hor the record; Viz, that counsel for
! the commission would not have with
| drawn their evidence and stood upon
| their demurrers n there had been any
| possibility OF their dispruying the allie
| cations OF the plaintiffs bill, / say
| the Inference was Incorrect, for as the
| whole bar OF Texas or at least such
Of them ns gave the matter any at
| tuntlon, well knows this action wnp
IN fact taken by the attorneys for the
| commission, for no other reason than
that the case " tried upon the merits,
would hive, In all probability, been
huug up IN the different courts for
a quarter Of q century before final
decision was reached. which by tho
Wise course Of Attorney Cul.
bcrson In standing upon the demurrer
alone, the decision OF the supreme
court was obtained In comparatively
short time, md the present generation
VIII get some OF the hereafter of tho
commission law"
law; may ] ask You here what beue.
fits, In Your opinion, win accrue from
an enforcement OF the luwq'
AT the time the injunction was OBJ
/ tanned which put stop 10 the work Of
the commission. the commissioners
were engaged In making n schedule OF
rates for general merchandise. which
IN by far the largest ana most i'm
| p1rtaut ulnaH of freight to be dealt
With, Had they been allowed to COM
plete their work and enforce the rates
ON mat schedule also. the cities and
rtllrond ccutcrs OF Texas, such og
| Fort Worth and Dallas, would in my
! deiber2lc opinion have seen their
wholesale aud jobblng trade doubled.
to SAY nothing OF the increased pros
pcrly OF their manufactures, and 9th
er industries, which had thon Just be-
| gun TO look UP and flourish under
the auspices OF the commission In
fact. all the mills and factories Of the
state We're nt that time, and had been
IN every Instance when the commission
| from the time OF the going Into effect
| or low rates, doing an Increased bugl-
| mesa new mapufactories We're rapidly
being built, and Texas was lust be-
aiming TO realize and understand the
| immensely Of her own resources The
net earnlngs OF the railroads had. In
every Instance where they had come
under the commission rates, Increased
To large extent, and the rallrouds
themselves We're beginning to see and
Saderstand that their own interests
laid IN the direction OF cheaper local
rates. thereby Increasing the number
OF their home patrons aud building up
Tor themselves permanent local traf-
lie which would render them more in
dependent OF and less vulnerable TO the
attacks OF rival trunk lines, In times
OF freight war, such as that throuuh
passed
Just think for moment Of the
amount OF money which the railroads
OF Texas have lost. owing TO the No.
cent rate war. IL will certainly foot
up IN the millions.
Now, suppose these same roads haa
loyalty and IN good faith submitted
themselves TO the law. instead Of fov |
lowing the reckless advice OF their |
counsel and embarSing In an enter. |
prise TO destroy Il aud nulllfy its |
provisions, how much OF this Immense
sum would have been saved TO them |
Ihe fact IL that the railroads them |
selves need this Inv for their own !
proteetion no less than do the people |
AS FOR It's effect on the trade and
commerce % the state, I take II thar
no man with a spoonful OF brains who
y also dislnterested and honest, can he |
FOUND Ia Texas who will undertake ia
assert the proposition that The stats
does not require for the protection ~
It's people railroad coommissIon win,
power 20 regulate rates for freight ana
passenger traflc" "''u
In your Judgment. what course viii
the railroads or the state now take
win reference TO the commission law
and its enforccn,entg' so"
am about the last man TO whom,
anyone who knows me would come far