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

1 o "A
1nu other reasons which might be stated
Hence the determination to vest the now,
Ner inns subject In an agency To h,
'alleu a railroad commission. Emf nj
otner subjects Of railroad regulation var,
leit by the cons tuition TO be exercised l.,
the legislature directly.
rue only subjects over which tho co,n,
s na,ssioh ~ given power Is freight ard pas,
seHBer taFirs. The power which 4, te e.
exercise over these subjects ia 80 rec,
ulhte railroad freight and passep,n,r Tar.
ms 70 correct abuses" In the r,tes nj
Inisht ana passenger tariff "to nrcy,nt
n"Just discrimination and tx.ortion IN tho
rates OF freight and passenger tut Ms .
| Vow u VIII not be seriously contended
va, ,na' gle rules OF the commission In aues.
toil deal with the subject of freight ro,os
or tariffs. for they manifesto do no,
Ihey deal with the subject OF connrcss'
lhE cotton and TX the rates vlilrn shin.
pers must pay for COMPRISING rttton
require tho railroad companies 10 roiicc,
rom spinners the supposed exptnses M
e1"ipresslng cotton. to assume the burden
~ navlnB cotton compressed, TO dIfbursc
20 compress companies Tho ,p,.,.,, 30,
Ieeted from shippers therefor nnd 10 ,aI-,
security from compress conn l1ies IN ,ro'r,-
sry compress cotton. They regulate tho
uehsIty 10 which congresses shau co,,,
press cotton and provide how me ilabilit,,
on compress companies for defec i've osm.
pressing shall be fixed.
mi,
i"eso suhjects are entirely sepn,ste
from the subject OF making frelrht ,atc,
ana the abuses in this kind Of service
are not abuses In freight rates no,tber
are the unjust Determinations that NAV
be practiced I'm this line of service dls-
ordinations in tbn rot.s 90 49,,
h,,,,..,... '"'es VI freight and.
'e' much inns subject may rcarire
regulation by law 4, 4. no, a
over which u,o .....,--, " ~ 'e''
,,,,,, '''i''ssiou cnh act btt
must ne ueted on by the Legislature.
BUT II Is Insisted by counsel for H.
commission that while ,,,...
press artno,i,,. -. 70 w eN-
gwen the commission to
''ie ruies assailed, tho power to
mako these rules must b,. imn,,od 40 L.,
cident 10 tho NONE. "' ~
.io, o,,a. ,.., give" the commits
He4bHt rates and tariffs CT as
necessary TO carry out the EXPRESS n,,,,-
ers.
Are tho noror, t.,
,b. rN"e'9 III question Incident 10
eApress powers?
power 10 regulate the chnrges for
p.eparIhg iFeight Tor reception by a car
~ ~ hauilhs 10 not an Incident TO Toe
,, csuiaioh OF charges for hauling. The
$500 " MAKE freight rates carries with
tho Incidental power to classify freight
Mnich mas already been prepared In a
suithpie condition TO ne carried for trans
ptItauon' but the classification is mnde
Win reference to the actual condition
IH9 oihS uuty IN this line which deyo.yss
Oh carrier as Incident to the business
VI carrying Is to make sucn repairs of the
piep'iatlon made for the safe transportu-
iul OF trelght without unusual injury to
~ as may become necessary In the course
OF transportation after freight bas heen
received upon the supposition that IL was
properly prepared for transportation.
10 ADMIT the principle that the com
mission may as an Incident of It's express
powers lawfully fix the charges which a
shipper may pay for preparing his cotton
FOR transportation and impose on the car
rleis the duty OF collecting this amount
from the shipper along with the freight
charges and disbursng II to compress
companies and securing proper compress
ing OF cotton, would establish the power
OF the commission to do everything which
the principle carried TO Its Logical con-
clusion, would cover and thus carried out
the implied powers would confront us
with field OF possible action for the
commission and tho railroads which no
one would suppose for IL moment was
contemplated by tho law makers The
OF this principle would au- /,
thorize the commission to require tho
railroad companies to prepare or cause
TO BIO prepared for hauling In convenient
form all other kinds OF freight and to |
collect from the shippers charges fixed |
by the commission to cover such services.
The business of cotton ginning and bal |
ing cotton. corn shelling. cabbage craft |
ing, wheat sacklng, hay baling, goods |
beNing and a lot of other lines OF bust |
ness might come under regulation of the |
and railroad companies |
might be compelled to embark In these |
various lines OF business or employ such |
services for shippers. take security for
their proper performance and pay for
commission MS freight charges 10 cover
these different lines OF service. A mere
sueSssuon OF tn1 ios,Iai 'vsu',s OF ae-
govern freight rates carries win n as
nm incident, the power not only 10 TX
the price Of preparing freight for CON
,enieh, 'rar nsn,I ou, 10 nnpv.o INC
=, sor 81 ,rorn,,,, o.,or,,'a1 , a.' IN n,
,a,5 oasno,a ,Io,s whose obnr,or. A. a.,
- n,,e,.o ~ .,,,t W. ,,oa
80 I,,s,,'a.s .n,,dsr,ns ,bs ,rtnn,ri. ~
49,, ~ 49,, o,n No. s,a,oa n,hi,,, n.o,,,J
, ,,,,ori-a ,ho oSornisa a, surh ,ny.a-s In
.asd,a,,as g. nronar,nr cotton for SIS
49,, ,"h,oh r,nu,d not ,,nnIv n al, n,har
p,nd, ~ sra,rh,
Is ~, ..,,e. ni,,r,,d 4. ro, m madden,
~, ,,'.. 90 n,ai,a ,re,gbt torirrs 10
+" '"1 p'~e ,,,o, ss ,onossa 20 10 carr,
. " ~, .nr 49, ,reisbt ra,ee,