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

be more imam pOO,OOu ana QOeS NOT eNceet
100000, the assured shall be co-insurel
for at least 10 per cent of the value Of
each division of property; If the tota
value Of all property shall exceed 100000
the assured shall be cO-insurer for a
least 10 per cent of the value of each di
vision of property"
The operation of this device may bt
illustrated by a simple example. Priol
to the combination and adoption of this
clause if a person were insured for one
thousand dollars at a premium of S1.3l
and there were total loss he would bt
maid one thousand dollars. Under the ar
rangement designed by the trust the same
person insuring the same property for the
same amount and paying the same
premium would receive in case of tota
loss only seven hundred and fifty
dollars. Though paying the same pre-
MUM or more the assured must in
lamounts of $4,000 or less insure himself
to the extent of % per cent, and thus the
public is coerced into acceptance of such
contract by this institution which raises
the rate by indirection in the diminished
values of the policies 1t is idle to say
lthatinsurance contracts are voluntary and
that the assured need not enter into them
unless desired. Insurance is an abso-
lutte necessity, particularly in commercial
matters, and the necessity renders this
combination the more powerful and des-
Ipotic Its evil effects may be further
measured when it is remembered that 1t
lpanies, prevents or discourages the or
lpanization of domestic companies,
land is enabled after each disas-
trous fire in our cities, by the convenient
suggestion of insufficient water supply,
to indemnify losses by increased rates
without fear of competition Nor is the
combination or the increase of rates JUS
tilted by the fact that dishonest losses
are often paid, for that implies imposition
Iupon upright insurers. The true remedy
for this is the employment of competent
and reliable agents whose zeal for pre-
miums will not cloud their judgment OF
risks and thorough investigation for the
detection and speedy punishment of in
cendiaries. Any deficiencies in existing
laws on the subject of fire inquests should
be readily supplied. The suggestion of
additional legislation as to insurance and
like trusts is thus aptly made by the
present Chief Justice:
1--WE should not be understood as hold
ling that the combination disclosed in this
case is not detrimental to the public, and
that sound policy does not demand the
suppression of that and like organizations
of similar magnitude. There are GER
tain contracts, and perhaps combinations,
which the law regards as being against
public policy. The courts cannot extend
the laws merely by reason of their opinion
of what the law ought to be. What other
combinations or contracts should be held
illegal on the ground of public policy, is
a political Question-that is to say, one
which is in the province of the legislative
department of the government to deter
mine. The legislature has power to weigh
the public interest even in public scales,
and if such combinations be found detri-
mental, they can denOunce the evil and
provide the remedy"
The remedies of injunction, Indictment,
| forfeiture of charters and Withdrawals
of permits of corporations by quo war
ranto, and imposition of penalties, should
be enlarged and sustained. 1t is not be-
lieved that section 10 declaring that the
provisions of this act shall not apply to
agricultural products or live stock while
in the hands of the producer or raiser"
vitiates the act of 1889, but it may be
omitted in the new law without injustice
and embarrassments thus avoided. The
purpose of it's incorporation in the present
law is not clear Often enemies of legis-
lation attempt to destroy it by the intro
duction of void provisions. If in truth it
be class legislation prohibited by the con-
stitution, patriotic farmers and
stockmen do not want it. They
have ever been the consistent ad-
lvocates of equal and exact JUS
'tice to all and especial privileges to none.
What they demand and what sound
Ipolicy dictates ipl Exemption from the
Vaccinations of t" IT'S, not exclusive au
thority to organic Them. On the con.
trary if it be II va enactment intended
for their benefit III De determined only
after years of controversy, during
which the oppression of gigantic
combinations must go unchecked,
it will fail in its purpose. They
are without adequate means to
create those oyermastering associations of
capital which alone may succeed and it
is commanding tribute to their integrity
that the history of these conspiracies af-
fords no example of their disposition to
do So
RAILROADS..
Several matters affecting railroads in
this State deserve your careful considera-
ton at this session.
Except as it may be necessary to i'm
prove and perfect it the present Railroad
Commission law must be effectually main
tanned and enforced. In its operation
it has been observed that while suitable
| are loI VI
the act and rates fixed by the commits
sion, and while the commission is eX-
pressly authorized to make regulations
other than the classification of freight
or establishment of rates, no method OF
reinforcing the regulations is prescribed
These regulations are often important
to the public and necessary to the success
full work of the Commission, and appro
pirate penalties for their violation should
be provided. Under the Commission Law
before rates may be fixed the railroad
companies to be affected must be given
notice of the time and place this will be
done. After such notice the companies
are entitled to hearing When notice
has been given and hearing had it is
provided by section 5 that in actions be
tween private parties and railway com
pGnies brought under the act rates pre-
scrbed by the Commission shall be helt
conclusive and deemed and accepted t
be reasonable and in such respects shall
not be controverted in said suits unit
finally found otherwise in direct actor
instituted for that purpose under sections
Is and Z. These sections provide that Il
any railway company or party at interes'
be dissatisfied with the decision of any
rate they may bring a direct actor
against the commission in court of com
lpetent jurisdiction, at the seat of gov
ernment to declare the rate unreason
liable and unjust, and that the burden Of
proof shall rest upon the plaintiff. The
Substance of these sections is that wheI
established by the Commission the rate:
become effective Immediately, or at sucl
| ipnA hA NNV,s ss,CsO