The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-01-24

in actions brought against IL Dy PINhtS
parties for penalties, but would be re-
quired to retry the question OF the rG "a
sonableness of the rates in each OF the
suits. This contention is based upon Il
provision in section 3, towit: And IN
such respects shall not be controverted
therein until finally found otherwise
it being insisted that this merely author
ICES the companies to cOntrovert the rea-
sonableness of the rates in the SUITS
named after final determination OF the
direct action. AS future attacks upon
the law may be made the true meaning 1Iiii
should be more plainly expressed. Will
ling and partisan Judges may be found
give effer' to this erroneous Out pttusi-
bic construction if the section be left un-
changed. The danger may be easily re
moved and justice to all parties accom-
plished by adding SEN
tence to section ) so that
hereafter it will read as follows:
"Section 5. In all actions between pri'
vate parties and railway companies
brought under this law, the rates, charges,
orders, rules, regulations, and classified
| tions prescribed by said Commission be-
| fore the institution of such action shall
| be held conclusive, and deemed and ac'
cepted to be reasonable, fair and just
and in such respects shall not be contro'
verted therein until finally found other
wise in a direct action brought for the
purpose in the manner prescribed by sec.
lions and hereof. After such final
| Judgment or decree certified copy there
of may be introduced in evidence by either
party on the trial of any action mention
ed in this section and said judgment OF
decree shall be conclusive of all matters
therein determined"
The Constitution provides (Art. y, Sec
- that no railroad or other corporation
or the lessees, purchasers or managers OF
any railroad corporation, shall consolidate
the stock, property or franchises OF such
corporation with or lease or purchase the
works or franchises of, or in any way
control any railroad corporation owning
or having under it's control parallel OF
competing line, nor shall any officer OF
such railroad corporation act as an ofhcer
of any other railroad corporation own
ing or having control of parallel or COM
peting line and Cart. X, Sect. O. no rail,
road company organized under the
laws of this State shall consolidate by
private or judicial sale or otherwise with
any railroad company organized under
the laws of any other State or of the Unit
ed States. Those provisions are substan.
tally reproduced in statutes, and railroad
corporation or other corporation, as used
in the acts, is defined to be any corpora
ion, company, person or association OF per
sons who own or control, manage or oper-
ate any line of railroad in this State. Ii
will be noticed that the first of these pro
visions hos reference only to lines that
are competing or parallel. The second de-
nounces consolidation of railroad compan'
les of this State with such companies or
ganized in other States or under the
laws of the United States 1t does not
reach consolidation with other than rail
road corporations. The Southern Pacific
company is a corporation organized UNI
der the laws of the State of Kentucky
and has never taken out permit to dc
business in this State. The purposes OF
it's creation, as stated in the charter, is
the purchase of stock, bonds and securi-
ties of corporations generally with author
ity to contract for leasing and operating
railroads elsewhere, and singularly en-
ough it is expressly denied the right to
own, lease or operate railroads in Ken,
lucky. 1t is probably q railroad corpora
ton and may be subject to the provisions
of section 6 of the Constitution, but the
matter should not remain in uncertainty
1t dominates by ownership of stock and
otherwise the railway systems of Cali
fornia and other states. Of railroads in
this State it owns q majority of the stock
of the Houston and Texas Central, the
Galveston, Harrisburg and San Antonio
the Texas and New Orleans, the Austin
and Northwestern, the Sabine and East
Texas, the New York, Texas and Mexican
and the Arkansas Pass. While each of
these companies is Ostensbly conducted
by an independent management and with
out reference to the others, it is well
known that they have been substantially
| consolidated into railway system in this
manner and are controlled by this foreign
corporation. The wisdom of prohibiting
consolidation of our railroads with those
of other states applies equally to every
character of foreign company and appro
pirate legislation should be enacted to pre-
vent it and bring this company certainly
within its provisions. Provision shoulC
also be made for the forfeiture of thu
charters of the associated companies anC
the imposition of adequate pecuniary pen
plties as prior lien on the property, to b.
collected before re-charter is permitted.
| Recent deplorable railway collisions ant
negligence point sharply to needed legisla
ton At Forrest during the past yea
the employees of one train deliberately
recklessly and in disobedience of orders
attempted to reach the meeting poin
when already delayed and in the coils
sion seven persons were instantly killed
! Near WaXahachie at crossing only ;
| few weeks ago with passenger trains a
| full speed an engine was driven through
q coach loaded with passengers will
shocking results The first of these col
lisions was caused solely by the wilfu
negligence of the employees, the other by
the neglect of the employees and the con
struction of the roads, as they are OF
the same grade and one approaches the
crossing through a cut and by a curve
Other instances might be mentioned, bu
these will suffice to show that the law o.
Negligent homicide should be so amended
as certainly to embrace this character OF
case and the offense be made felony
and railroads should not be permitted t.
cross each other at the same grade, par
ticularly where either approach 10 the
crossing is dangerous, but should be con
structed at crossings so that one shall
Ipass under the other.
The assessed values of railway property
for purposes of taxation are Strikingly
below those by which the companies
would measure passenger and freight
rates. Their taxable values were placed
by the assessors at an average valuation
per mile for 1893 of $S,000.17, includinl
rolling stock, and this is approximately
the valuation for the past few years. III
the measurement of rates it is insisted
by the companies under oath that the
lmortgaged indebtedness and the stock cap
Iitalization of railroad companies repre-
sent the actual cost of the construction
Requirement and equipment of the railways
and properties and the reasonable value
thereof and the amount upon which they
are entitled to earn full and fair returns
in interest and dividends, besides operat
ing expenses. The exact value of al