Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-02-02

Jumper or commodities are lower
rom 81 Louis and other distant mar
hets TO Houston and Galveston than
.hey are to Dallas and all other cities
IN the state; and that these lower rates
hre interstate rates with the fixing of
| Whicn the Texas commission had moth
ing 10 do and which II is powerless to
increase or diminish. The reason for
tne making OF the rates lower to Hous-
ton and Galveston than to other places
Is that from the markets from which
| the lower rates apply there exists wat
er competition which renders neces.
sary lower rail rates. The particular
water competition alleged to exist from
o.. LOUIS and other places is that pro-
uuced by the Mississippi river and
me wate y avs connecting 1t with
houston and Galveston. II the compe-
ution IN fact exists, then according to
principle universally recognized that
railroad rates must be reduced to meet
water competition. water transporta-
.ion being cheaper than rail carriage.
! the lower rates to Houston and Calves
/ ton are justihable.
II there does not exist water compe-
luton to Houston and Galveston then
there Is no foundation for the lower
rates they receive on the commodities
to which l have referred Under COM
plant. made TO the interstate COM
merce commission. that there is no
water competition and proof of the
charge, under plain provision of the
interstate commerce law 1t is abso-
lutely certain that the interstate COM
merce commission would compel the
cancellation of the lower rates to
Houston and Galveston
| While the Texas commission pos
sesses extensive powers In respect TO
regulating railroads within the limits
OF the state, every one understands
that Its jurisdiction Is clrcunsorlbed
I hnnnhuriau of ha ato
the law under which the Texas com
mission operates prohibits It from
making discrimination between places
in Texas.
Plainly one of the most important
features Of the commission law is
that which prohibits discrimination in
freight rates, and the provision for
different rates for different lines and
places must be construed in subordl-
nation to that paramount object. The
law requires that all taxes fixed by
this commission shall be just and
reasonable. There are weak roads
operating In sparsely settled localities,
and whose revenues upon rates apply
Ing on stronger lines would be unru-
| muneratve and therefore not lust and
reasonable On these roads It is abso-
| lutely necessary to give rates in excess
OF the rates APPLYING on stronger
lines. Moreover, there are instances in
which wagons haul freight between
stations on railroads for short dis
tances for less than the ordinary rail
rates. To meet this competition 1t Is
| necessary to allow lower rates where
such competition exists than between
other places between which there IL
no such competition Manlfestly the
cases of weak lines whose necessities
require higher rates than prevail
on stronger lines, and the cases in
which low rates are necessary to meet
wagon haul competition, show that
sometimes Justice demands that diff
ferent lines and on different parts OF
the same line Even In these cases
care must be taken that the lower
rates permitted are not discriminatory
against competing lines of railroad or
competing markets, E1d sometimes
special delicate adjustments are
necessary to prevent such discrimina-
ton.
An important consideration that must
De constantly borne In mind is that the
railroad commission deals primarily
with railroads, and that II can look to
particular towns and localities only as
they happen to be affected by Just and
reasonable rates prescribed for the con-
veyance OF freight by railroads We can
regard places In the state only In so far
as to see that as between them no ad-
vantage shall be given one over an
other In the rates We prescribe and that
the carriers subject TO such rates shall
respect and be governed by them
From what precedes, It Is evident
that the commission would violate the
law II 1t acoeded to the demand that
some people make and fixed higher
rates for Houston and Galveston than
those applying to the rest of the state
as to those articles upon which Hous-
ton and Galveston get lower interstate
rates. If there are Determinations in
Interstate rates, those Disseminated
against should appeal to the Interstate
Commerce commission which could not
fail to grant redress. II state lines
should give rebates complaint Of the
practice should be lodged with this
commission and evidence furnished 10
restablIsh the charge. and speedily the
evil would be corrected by enforcing
the severe penalties prescribed by law.
In neither case would any Just man
consider the violation Of the law involv-
Ing the violation OF Its official oath by
the commission as the proper remedy.
The ethical standard of any man Is
indeed low who will advocate the doing
of one wrong to redress another. His
conception OF right or wrong would be
on level with that of a court, which.
when applied to to bring an offender
to Justice. would advise the injured
person to retallate by committing the
same offense.
TIE commission is asked to go furth-
err; It is asked to itself adopt the re-
taliatory measure, and to make tho
parallel complete. II II allowed itself to
be used in "Hgbtlng the devil with
fire." 1t would be In the attitude Of
the court which not merely advised the
commission of one crime to punish an
other, but which should arm its officer
with process commanding the perpe-
tration of the retaliatory crime.
No one but an ignorant man or an
unjust man would seek to involve any
man or set OF men in wrong doing,
whatever might be the provocation or
the object.
1t is proper for me to say in con-
clusion that with the lights before me
believe the water competition to
Houston and Galveston actually exists,
and l am fortified In this opinion by
the fact that II It was n myth the evil
would long since have been remedled
by the injured persons by resortlng to
the interstate commerce commission"