The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-09


or use them. to defeat In a great measure
the principal object Of the law creating the
railroad commission. II there was doubt
IN our minds ne TO tho exemption claimed
Tor this road II would be our duty 20 re-
solve that doubt In favor II the State.
Mr.. Black on Constitutional Prohibitions
IN section 70 pags SS-6. says as TO 'the
powers OF the legislature to reasonably linn
II and regulate tho tariff OF tolls and
charges to be eNactcd by public carriers for
hire for tho transportation Of persons end
property Within the jurisdiction of the
state. This power. however. may be d.
vested from the State by a legislative con-
tract to that effect with the owners Of the
road but II will never he uudcruood 10
have been waived In any particular unless
by words OF positive grant or words duuiv-
alent In law. that construction Is TO he
adopted which makes most strictly against
the grantee and n n reasonable doubt
arises 1t is to he resolved in favor OF tho
State"
This is a we'll recognized doctrine, and
In the language OF our own supreme court
the rule Is, "a law with not be declared
unconstitutional unless II Is clearly 40 and
In case OF doubt II Will be held valid. -
Baker VS.. Torrey. CO. Texas. 100; Railroad
Commission VS.. Houston and Texas Cen.
trail Railroad company, opinion rendered
January rs, 1897.
Another recognized rule OF construction
il this: Laws relating TO the Same subject
matter. enacted et tho same session OF the
legislature, are to he construed together,
and when they both deal with the idonu-
cal question: us, LOT instance, I"iiroau
freight rates" are ordinarily TO be con
sirued as parts OF the same act; ana II IN
the duty OF the courts 10 hafmonlHe inc Two
acts, and II not clearly conflicting to up
hold them both (Austin vs.. Gulf Colorado
AMI Santa he railway, AZ Texas. a6s-7,)
With this familiar construction In view,
lev us examine ana compare INC PROVISIONS
OF the railroad commission act Including
Revised statutes aoSV. section l, ununr
"h'ch H. IL ciaimcu me de'.hnaht r"an u
exempt WIN what IN called me ueep
water corporation act. passed at inc sanic
session OF inc legislature A. ~ 1871, one
act authorized the commission 10 i'X rates
on all raiiroaus IN th's STATE except ht'e"t
anu suburban I"i''uhus anu oet' ''hes VI
railway AS hereinpeiore stated wh''s
lhe ucep water corporation hVt, heNNe"
STATUTES art'cie 'HV' aihous otn'r tn'hbs'
provinces mat any ra,ifoao OF o'ncr u''a''s
OF transportation wh'en may 20 constructor
between mo nia'n'ana ana ueer water o,
ohahnH shei' De pun,'u h'shWay. anu AZ.
| rates ana charges ior the transportation W
He'sht an" PNsSehS'rS '"or'"h nn"u ~"
subject 10 'hc cou''' an" rVs",a''",' VI WV
railroad commission as rni'fo"". Nuch
rn'lroan or other means VI transpor'a,'on
shah receive from ci'n ann IVY SUI
coat a''h vessel, OF iroin w" wn",I VI wn'oh
| 'he Hiine " "!h'nh'Ee"' NJ, ',N.tht ",' p'.'
sehs'rs, ana transport an" oe'''" ,n'n W
the consien'o OF my conhe'''hE me y.
| railroad WITHOUT DISCRIMINATION
ana IN IKE manner receive from every pc.
son and from every connecting Inc OF ra'i'
road all freight and passengers ana trans-
port ana denver Inc same 10 ca'h hn,
| every snip. boat anu Neshti on I'm" cpuni
| ana lust terms without DETERMINATIONS
etc,
| Constituting those TWO acts together, hn'
| for the reasons already Indicated, can NOV
believe that the legislature intended tar
iicle ibso section ID to exempt the whar'
companys railroad, or any other local inc
built and used for tho express purpose OF
accommodating the vast state ana inter
state commerce of this country, and not toI
the accommodation merely of local trathc'
| With these recognized principles OF con
stincton In view, we look TO the charter
granted by the Legislature to the wharf
company to build and operate this railroad
| to Aec If there = anything In the contract
as expressed In the charter, esempting thii
road from the freight rates as fixed by tho
| laws of Texas. The commission, as the law
now stands, possesses the only rate making
| power in Texas to apply on shipments II,
| rail entirely within the limits OF the State
This act provides among other thing
that the company shall furnish necesar
rolling stock for the accommodation of al
shipments to aud from Beans wharf. an
upon the same condition as from all olhe
wharyos. 1t is given the privilege to cx
crcise tho right Of eminent domain. an,
to connect with all other railroads ontcrin
the city Section 3 provides that It shal
| transport passengers and freight aud charg,
"A reasonable compensation therefor, and t,
run It's cars over any connecting railroad II
| accordance with thu IN lroud luWa nj ttii