Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-05-27

collect tolls.
Is Not Teuabte.
"our conclusion from these cons,elr
atoms is that the objection OF ,ur,s-
dietion of the circuit court is not fem
able, and this. whether we rest upon
the provisions Of the statute itself or
the general Jurisdiction Of the existing
law by virtue OF the statute Of congress
under the sanction OF the constitution
OF the United States. Passing from,
the question OF Jurisdiction to the act
Itself, there can be no doubt OF the
general power OF The state to regulate
the fare and freights which may be
charged and received by railroads and
other carriers. and this regulation may
be carried on by means OF a commits
sion. Such commission is merely an
administrative board created by the
state for carrying into efrect the VIII
OF the state as expressed by Its legis-
lation, Railroad commission cases.
ZIG United States sO7)
Prescribing Rates and Fares.
mo valid objection can therefore be
made on account Of the general fea-
lures OF this act that those by which the
state has created the railroad commits
sion and entrusted II with the duty
OF prescribing rates for fares and
freights. as well as other regulations
for the management OF the railroads
OF the state. Specific objections are
made to the act on the ground that
by section the rates and regulations
made by the commission are declared
conclusive in all actions between pri.
vate individuals and the companies,
and that by section IA excessive PEN
alties are imposed upon the railway
corporations for any violation OF the
provision Of the act. and thus as claim
ed there is not only limitation. but
practical denial to the railroad COM
panies OF the right of a judicial In
quiry into the reasonabieness of rates
prescribed by the commission
Familiar Feature of the Law.
For the purpose Of this case It may
be conceded that both Of the clauses
are unconstitutional and still the great
body of the act remains unohalleneged
That which establishes the commits
sion and empowers It makes reas0na-
BILE rates and regulations for the con-
troll OF railroads. II Is a familiar law
that one section or part OF an act may
be invalid without Affecting the valid
ity Of the remaining portion Of the
statute. Amy independent provision
may thus be dropped out, and that
which is left is fully operative as
law unless It Is evident upon con-
slderation Of all the sections that the
legislature would not have enacted
that which is within independently OF
that beyond its power. Applying this
rule. the invnlidity OF these two pro-
visions may be conceded without Inn
pairing the force OF the act,
Power 10 Make Rates.
wThe creation OF the commission
with the power to establish rules for
the operation or railways and To reg
ulate rates was the prime object OF
the legislation. This is fully accom-
plished whether any penalties are i'm
posed for the violation of the rules
prescribed or whether the rates shall
be conclusive or simply prima facie
evidence of what is just and reasona-
BILE. The matters OF penalty and the
effect OF the rates are wholly indie
pendent of the rest OF the statute.
Purposc of the statutes.
Neither can 1t be supposed that the
legislature would not have established
the commission and given It power
over the railroads without their in
dependent matter. In other words, 1t
il not to presume that the legislature
was legislating merely to impose PEN
altles, but the penalties and the pro-
vision as to evidence are merely an
aid TO the main purpose Of the stat
ute. They may fail and stu the great
body OF the state have operative force,
and the force contemplated by the leg
islature in its enactment"
Then follows lengthy and detailed
examination into the history OF the
international and Great Northern rail-
way and the circumstances surround
ing its building and incorporation. Its
present value and the situation Of its
various Indebtedness Is gone Into and
In the end the rates of the Texas com
mission are held to have been unrea-
sonable. The opinion closes as fol-
lows:
Closing Remarks.
From these considerations that the
decree as entered must be reversed. Ii
so far as it restraints the railroad com.