Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-05-06

out unnecessary concern with his per-
sonal conduct or private aifalrs As
distinguished from the paternalism of
the Republican party. and the vRgary
OF the Populists that the state should
become partner in the business OF
everv citizen. the true philosophy Of
Democratic government Is nou-lnterter-
encoi Wen recognized exceptions exist
In monopolies. which are contrary 10
the genius OF free government, and
where property Ia affected with a pub
lie interest, such as railway, telegraph
and express lines. Trusts and con-
sptracies against trade are the most
dangerous and gigantic monopolies OF
modern times and are the ominous
promises OF imperialism In commerce.
So alarming have their operations be-
come In the Union that they have been
denounced aud indicted by the national
Democracy as designed 10 enable cap
ital to secure more than Its Just share
Of the Joint product Of capital and la
Dor" Recognizing their peril 70 the
state In the lnsldious but certain de-
structiun OF competition and the en-
hancement OF forced maintenance OF
prices, the legislature on March 30,
1889, enacted a law which purports TO
define trusts and not only provide for
their extinction by evil proceedings.
but also for the punishnent OF persons
engaged In them as criminal conspifa-
tors against trade. The civil RENEE
dies provided are quo wnrfnntn and In
junction and the criminal remedy the
ordinary one Of indictment. From the
beginning the act has been considered
unsatisfactory and inadequate. Its
ciVil features, because Of the very gem
crafty and comprehensiyeness OF terms,
do not embrace all combination which
should be defined and prohibited. and
its criminal provisions are wanting In
that clenrness and directness of pur-
pose which should characterize penal
laws 1t has been held unconstitu-
tionnl and void by one OF the ablest
district Judges OF the state and the
supreme court. declining TO review tho
decision upon that point, declared that
IL presents "a grave constitutional
question" This court also intlmRted
that without the statute and with ref
| erencc to monoplies and contracts In
restraint Of trade Mt common law. the
state may not employ the only effec-
tual remedy, Injunction. Under such
| conditions officers charged with the eN-
| ecution OF such laws and the protec-
| ton Of the public against tho hurtful
operations OF such combinations nre
| embarrassed so that they ARE practical
| ~ powerless to afford relief In order
| to clear the field and determine what
remedies the state mny institute under
| existing laws for the suppression OF
| these consplracies prompt efforts have
! been made to have the validity and
l
The Insurance Question.
In 1891 hfty-seven foreign Insurance
companies which dominate that busi-
ness In Texas entered into combina-
tion to regulate the rates OF commits
sion TO be paid their agents md espe-
cially to nix the rates OF hre insurance
| throughout the state. when II is re-
| memhered that insurance ngainst loss
by fire has become n necessity, par
| ticularly In commercial SlrclcA, whore
| II Affects the credit OF every merchant
and iH part OF his ASSETS, the Injurious
| effects OF this combination may be fair-
| ly measured. II touches he owner Of
| every GIN and farm houRe and the uro-
| prietor OF every character OF insurable
| property within our borders Proceed
| hIga were Mt once begun to prevent the
execution Of this purpose by the cor
poratlous, The suit was successful in
the district court and In the court Of
| civil auueals, but In a decision by the
supreme court December u, 1898, Of
which no complaint Is made. It was
| held that such combination was not
| Included in those prohibited by this
| statute nor was Il Illegal under the
| principles OF the common law. Thus
freed from all legal restraint, this COM
| bination has inserted IN insurance euu-
| tracts so-called equitable cn-lnaur-
anco clause, against which our u err
chants and business men arr vigor-
| ously protesting, and has tdvHnccd
| Insurance rates In 'hc state frC m &c
to 80 per cent While the "G,nt uttor-
mined that the combination was not
Inhibited by existing law, Il iaYtted
legislation In this Language: we
| would not be undeTstpid BB htlding
that the combination declared
In this case Is not detrimental
to the public and that sound
policy does not demand the sup
preston OF that and an like urganila-
lions Of similar magnitude. There ere
| certain contracts ana perhaps sonbi-
nations which the law regards as O.
Ing against public policy. The courts
| cannot extend the rule merely by rea-
son OF their opinion as 10 what the
law ought 10 be. What other combine
| lions or contracts should be held illegal
on the ground OF public policy is po-
ltlcnl question: that is 10 say one
| which II Is the province OF the leglsla-
tive department OF the government to
determine. The legislature has power
10 weigh the public interests even In
! golden scales and II such combine
ton be found detrimental they can
denouncc the evil and provide the REM
edy" This suggested legislation meets
my cordial indoraement II elected
governor l VIII recommend to the leg-
stature the enactment OF statute
that viii make the purpose clenr and
bring within II all combinations that
are hurtful. monopollstlc and Injurious
to the public By this Il III not in
tended to urge that the state should
or is authorized TO regulate rates OF
insurance. but the single purpose would
be 20 destroy monopoly and restore
competition.
Utilizing Convict Labor.
One OF the most difficult problems
with which we have TO deal and which
becomes more embarrassing with the
growth OF the state Is the care and
management OF corvicts and the gen.
eral penitentinry system. The platform
on which tho present administrator
WAS elected declared the custom OF
hiring out or leasing convlcts TO corpo-
rations or private persons 10 be against
public policy. and II was enacted by the
rwontv-second legislature that the aye.
tenn OF lNhor fl the state penitentiariei
shall be the state account system
where employment Is furnished directly
by the state. or contract system. OF
partly one and partly the other NJ may
be deemed for the best interests OF m,
state by the pcnl entiary board ant
governor. II may therefore he sal,
that with the exception Of employment
given limited number on, railroad
and farms under contract. the system
pursued is the state account system
which embraces employment within