The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-01-17

upon the CONDITION OF the state govern
. ment in all its details, without the ne.
cessity of many weeks of hard reading
and investigation of the reports. il would
r doubtless be profitable to them and not
i. Objectionable to the officers themselves,
for the legislature, by resolution. to call
upon the heads of the various DEPART
. mentS to deliver addresses in the hall of
representatives in afternoons and nights
during the first few weeks of the session.
If this custom could obtain, it would be-
come very useful and beneficial in aid of
legislation. The experienced head of a de-
partment could, within an hours time,
through u public address. impart more
information to the already well informed
senators and representatives than could
be acquired otherwise by tedious investi-
CATION and close study for many DAYS.
PUBLIC BUILDINGS AND
GROUNDS.
Sound economy and good taste dictate
that suitable appropriations should be
made to keep the capitol building in good
repair, and to clean up and decently i'm
prove the spacious grounds surrounding
A new home for the governor is also
needed and should be constructed without
much delay. The state is amply able to
furnish and support public buildings in
Keeping with her dignity and pride, and
no citizen who pays taxes can have any
reasonable objection to it.
ANTITRUST LAW.
From present indications there is but
little doubt that strong efforts will be
made at the present session of the legis-
| lature to repeal, or weaken by amendment
the Texas antitrust law, upon the al
legged grounds:
First-That it is void because it no.
where expressly prohibits trusts as de-
fined in the act.
Second-That it is unconstitutional for
the reason that the provisions of the law
do not apply to agricultural products or
| live stock while in the hands of the pro-
Queer or raiser.
Third-That the law is obnoxious to
sound public policy.
The validity of this measure has been
before the supreme court of this
state on the the first and sec
ond of these points, as well as upon the
proposition that the law did not, in the
definition of trusts, include and prohibit
combination of two or more insurance
companies to fix and maintain insurance
rates and the commissions of insurance
| agents. After an elaborate discussion of
| the last question, which was the main
one in the case, the court decided that in
surance rates and commissions were not
embraced in the terms of the act. The
| law, however, was not held unconstitution-
al. On the contrary, the able discussion
| of it, and the courts action in not hold
! ing it unconstitutional, lead to fair con-
clusion that on final test the whole act
will be sustained.
Should the legislature choose to amend
this law, beg to suggest that two points
only need settling:
First-That trusts and conspiracies
against trade, as defined in section 1 of
the act, are expressly prohibited.
Second-That when two or more insur-
ance companies, or their agents or rep
resentatives, combine or agree to raise
or establish uniformity of insurance rates,
or the fees or commissions connected with
or affecting insurance, they and each of
them so acting shall be deemed guilty of
conspiracy against trade and subject
to the provisions of the law. Additional
to this, should the law be amended OF
re-enacted, it would be best to expressly
provide that the new act shall not have
the effect to release or waive any right
of action or defense of the state or of any
person, company or corporation in rela-
ton to any penalty, right, or forfeiture
which may have arisen under the old
remain intact.
If it is against sound public policy to
interfere with trusts, then monopoly, in
its worst form, is q virtue The contention
that this antitrust law is menace to
prosperity and will deter capital from in
vesting in this state is, logically, to insist
that the way to induce the investment
of capital, and to promote prosperity, is
to welcome monopoly and legalize trusts
to substitute combination to fetter trade
for competition to give it freedom. Since
the enactment of this law no state has
prospered more than Texas. Since then
our people have been veXed very little
with trusts except from nonresident
sources. They will, in time, become clear
of the evil entirely if the law shall contin-
ne to be impartially, vigorously enforced,
If there are any trusts now within the
state, the officers of the law are unable
to hear of them. AS to those of other
states, we have no control, except to use
every effort to have their operations with
in the state suppressed.
Two years ago indictments were found
against members of a trust in another
state and they were brought to Texas and
punished. Since then they have ceased
their operations in the state. Recently
the members of another trust have been
indicted. Application was made to me
by the local officers for these criminals,
in which the statement was made that
they We're ''fugitives from justice" On
this official representation l granted re-
QUESTIONS to the governors of the states
in which they were domiciled. On eX
parte statements of the defendants that
they were not "fugitives from justice"
these executives refused to grant war
rants for their arrest. On notification
that one of them had gone into another
state, L sent requisition there for him.
This was honored, but subsequently the
warrant was revoked, as stated by the
governor, for the reason that the defend
ant protests that he never was in Texas
and has never done any business in that
state" When the papers reached me,
they were regular, and officially stated
that these criminals were fugitives from
justice" so forwarded them to the sew
eral governors, and thus discharged my
official duty. AS to whether these men
are "fugitives from justice" is a mixed
question of fact and law. The papers be-
ing regular before these executives, it oc-
Cured to me that this, the main
question involved in each case,
could have been appropriately
left to the courts to settle. This was
not DONE So, there is nothing more at
the present that the Texas authorities
can do, but to enjoy the consolation that