Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-02-05

unitci States sal1 with reference TO fhs
business OF that vessel being Interstate
commerce. ~
"shc ives employed az on instrumcni Of
mn commerce: for whenever commodity
mas begun 10 f1ovc us nn article of ttnue
rom one Stntc 10 another commerce IN
mat commodity between the Stntcs ms
commenced. Tic fact that sevcrnI differ
on ma independent agencies arc eni-
ployed IN transporting the commodity,
some netting entirely IN ono state. and
iomc ncting through two or more stntvs,
docs In no respect nfrte, the character Of
the transaction" 90 Wall, COS. I take thls
rs correct definition OF Interstate COM
inefce for the purpose OF this case.
Now. II ~ rot mIportun, IN this case to
determlnc the cStea, OF the police power
Of the state with reference to making local
regulations Of railroad companies engaged
IN Interstate commerce. 40 as to determine
whether the state might require the pay.
incn' In advance as a part OF a freight
rate TO another State or 10 foreign port.
the supposed charges or compress COM
ranics und require rallroad companies 10
stop In transit cotton which had pecom,
interstate commerce Tor the purpose OF
having It compressed. dy the density at
which II should be compressed Cwhicn
inigl1 not arree with the rules or tins
state II might ontrO and pay the COM
rrcfs charscs collected from clippers az a
pnrt OF the freight. The imposition o,
tuuh burdens OH commodities which nave
become intcreiate commerce Is not sup-
ported by ANY authorities which have come
under my observation, because they nrc
outside Of the local regulations incldcmtally
Affecting interstate commerce which are
supported on the grounds OF protecting tho
health, personal safety, public morals or
conducting 10 general public convenience
within state, II Is sufficient however,
for the purposes OF this case to state thut
the statute creating the commission not
only does not delegate to Il any OF thu
police powers which might be lawfully ex-
erolacd by the state TO Incidentally affoct
Interstate commerce. hut that Il uhpts out
III ofcris to Imply such powers as part
Of the authority OF the commission by
expressly restricting the powers OF tho
commission by the declaration that this
net shall be construed Ia apply TO and
affect only tho TRANSPORTATION of passen-
Enrs, freight nn1 cnrs between points with.
Ia this State" This restriction anniea rs
well to tho Incidental powers implicitly
attached 70 express powers anu TO tho
powers implied as necessary 10 carry ont
I overs conferred on the commission. Thl,
restriction therefore. Fhuts on from tho
commission the neh Of police powers
which might he legltimatrly exereisRi by
the leglSln lure though they might met
oentaly affect interstate commerce, THIS
Hcia Of the commission urr not allowed
to 'anoow anything but trnnsportatlon TO-
tween points within this state. All puiise
regulations Affecting Interstate ouiutnerus
are reserved by the legislature TO be COLI
trollcd by othel laws passed by It,
There IL n difficulty however which
nrlseg on this branch OF tho plaintiffs
case as to the legality and suihcicncy OF
the evidence offered by It 10 prove tina,
the commission intends 10 Amply the rules
III question 20 interstate shipments. A
cory. duly certified by the SECRETARY OF
the commission. from a letter press copy
" a letter written by Judge Storey. one
or the commissioners. TO a railroad Of
hehl stating that the commission has
decided that the compress ruics do np-
My 10 interstate shipments. haa heon re-
reived IN evidence over the objections
VI the attorney general with a view to
In dinposlnR or the case whether
this copy " admissible. The objections
OF tho attorney general 10 tho admission
In evidence OF this copy are az that the
minutes of the proceedings OF the COM
mission Hrc the only legal evidence OF
thor official acts, 90 that a statement
what II hns done " not admissible, 90
That the original letter, the absence Of
which Is not accounted for IL the host
evidence Of tho contents OF tho letter and
no other evidence Of lts contents can be
received without proof OF tho loss or de-
itruction Of the original. There was PROOF
nat no note of such rnlinE was mads
n 'ilie minutes OF tho commission proceed
lrr kent BY the secretary. Though these
objections may be considered technical
hey appeal 60 elementary rllo3 OF ou-
iehce TO which have not been able to
hink Of an exception that would steer
'loar OF all OF them and. therefore.
an not consider the copy OF n copy OF
.he alleged letter.
Tho only other evidence Of nm Intention
N the pnrt OF tho commission 10 apply
IL rules to interstate shipments consists
n tho fact that they entertained COM
,lnint OF violations of its rules which re-
uted solely 10 interstate shipments and
ted the plaintiff rallronh company to
Lnsw er tho complaint. Although this hp-
'enrs TO indicate an opinion on the part
u the commission that n the charges
herein contained RELEASING TO Interstate
were sustained by proof the
abroad company would be regarded rs
ayinH violated the rules OF the commits
ion, yet II Is fair to assume that the
commission might on0rtain complaints
bout matters over which Il was unde-
idcd az 10 it's Jurisdiction for the pur-
oho Of hearing argument OF counsel upon
oubtfll questions OF Jurisdiction. There
're do not think the legal evidence which
lone can he considered. ~ sufficient to
rove tho purpose OF the commission to
1siituto n multiplicity OF prosecutions or
nits against plaintiff the Institution Of
hitch the plaintiff might be entitled to
n Injunction II proved and founded on
n erroneous construction OF Its rules.
Becnus- the commission hns not been
ven power over other subjects than
reight ana passenger tnrir rates ana
eeause the rules In relation to compress
q do not deal with subject ever which
10 commission is given power. and be-
nuse they arc unreasonable nnd unjust
, the plalunf. Judgment viii be rom
cred enjoinins their enforcement against
10 plaintiff and acauittinE the plaintir
ON further observance OF them.
Tho fact that tho railroad commission
= constituted ID an important and vaIu.
Die agency for the prevention OF railroad
buses in fxins and using freight and
assanger tsiins. and because fully
1cosIiize the psrpnaslve force which ths
ldIclnry ought to give to tina coasiruc-
ON adopted by the departments OF gov.
rDinent or the laws governing their pow
- and duties. and also because l AZ.
rooiate the enilnont ability OF each ol
40 members OF tho railroad colEi,lsy!ou