The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-01-30
Extent of the Pacific Roads to Be Foreclosed by the Government.

Of that instrument. Sutherland va. De.
Leon. Texas. 30i; Orr vs.. Rhine, d. Texas
So4; Barker VS., Torrey, 60 Texas, i2.) In
the case last cited the court said: ''Thc
rule is that q law will not be declared un-
constitutional unless 1t Is clearly so. and
IN cases of doubt It will be held valid. The
opinion Of the legislature of it's constitu-
tlonal power Is entitled to great weight
and. II 1t had not clearly the power 10
suspend for a time the light OF the State
to forfeit the right Of purchasers of school
lands, the question is. to say the least, a
matter OF such doubt as to render it i'm
proper Tor this court to declare its act uii-
constitutional"
1t is claimed that the laws which the
section Of the constitution quoted above
commands the legislature to pass, relate
solely to the subject Of freight and passen
ger tariffs. If this be a correct intsrpreta-
ton of the language of the constitution, W.
think II doubtful whether the authority to
make regulations for COMPRISING cotton
could not be derived from, IT.
The phrases the legislature shall pass
laws 10 regulate railroad freight and pas
senger tariffs . 4 2 land prevent un-
just discrimination and extortion in the
rates OF freight and passenger tariffs on the
different railroads in this State" etc. do
relate exclusively and directly TO the sub
iect of rates and embrace all the authority
which could be exercised to accomplish
those purposes. Between these two phrases
occur the following words. TO correct
abuses" which, II construed as relating 10
the same subject, can add nothing 10 the
sentence, because the entire subject of
rates OF freight and passenger tariffs was
embraced in the preceding aud succeeding
language. The words "to correct abuses''
embrace everything which is expressed in
thA Ia N ~, an chat nraaC1ne and that which
follows It. but they express more. and 70
give effect to them we must hold that they
were intended to have the full force of their
ordinary meaning.
The amendment to the constitution from
which we have quoted deals with the gen.
eral subject of railroads and railroad COM
panies. and the first sentence declares a
NEST important principle-that railroads
are public highways and railroad companies
common carriers. This declaration of the
fundamental doctrine upon which the sue
ceeding provisions rest. was made as the
basis for the laws which the legislature
was commanded to enact. The provisions
which direct the legislature TO enact laws,
by which control over the public highways
and common carriers may be exercised to
the fullest extent. are in harmony with the
subject matter of the amendment and the
policy of the State as declared therein.
1t Is said that 1t is a matter of history
that the adoption of the amendment was
brought about by dissatisfaction as TO the
rates Of railroad charges. and that it waa
this subject which was discussed before the
people and In the legislative bodies during
the tendency of the amendment. We think
that 1t is true that the rates charged and
alleged abuses connected herewith were
more generally discussed than any other
phase of the question, hut it was not the
only ground OF complaint urged at the
time.
In order. to ascertain what the intention
OF tho people was in amending The consti-
tuition. we must resort to its language.
bearing In mind that the legislature, In
submitting the resolution, and the people
I'm voting upon It, were dealing with public
highways and common carriers, corpora
lions invested with franchises and priv
ilcges derived from the State and charged
with duties to the public. The word
abuses as used in this amendment means
"any improper use Of a right or a privilege:
ms. abuse OF a franchise" STANDARD die
tlonary, word abuse; Railroad company VS.
Casey, 26 Penn, 81. 3is,D The language
''the legislature shall pass laws 10 correct
abuses" Is competent to express n
TO the legislative department to pass laws
for the correction OF all abuses or improper
uses OF the franchises which had been
granted or miCht be granted the railroads
III IHlS 6Iiltt do ~ - 49,
nccted with or growing out Of business
transacted in the exercise OF such fran
rhisc. The conclusion that the Legislature
and the people intended by the use OF THIS
LANGUAGE 10 direct the general control OF
the public highways and common carriers
Of the state. and 10 prevent thelr ABUSE VI
,be privileges and franchises conferred
mon them we think justified by the con-
siaeration of the subject and the necessities
and circumstances which produced this ac-
lion m the part Of the people. 10 nave
confined the constitutional amendment 10
one character OF abuse ard 10 nave limited
the means of control 10 one sublect out OF
thc many embraced WITHIN the kene'ai
range Of the authority to control these
htehwavs We think inconsistent with trud
ststesmanshlp and would have fallen snort
~ adequate provision 10 protect me m
teresi of the public. 1t was wise 10 provide
In tho amendment for the prevention ana
corroction NJ such abuses In the iutnrc'
even II none existed at hat time me
appelIee contends for a construction oi tns
i,ne,,sre Of the constitution, which wouia
=. s,oted thus: ''The legislature shall pass
laws TO correct abuses in the rates Oh
freight and passenger tariffs on the dt1er,
er, rsilroads in this State and II IS urged
tb,r any other construction leaves The INV
or 80 correct abuses unlimited. ara "
NAV be applied 10 any character OF hpusss,
rhe section OF the constitution mas put one
subject. which IS: Railroads as highways
onerated by railway companies as .oihnon
carriers. and its language must be con
s,,1,od as limited to that subject the ish-
auu do correct abuses" is qualified by
tbe phrase "ou the different railroads IN
his State The intention emooaisu IN
The section OF the constitution - larry *
nresscd by the following analysis OF us
provisions: sac. laws n reru-
,ate railroad freight and PASSENGER tarlnS
on the different railroads in this state, ssc,
The legislature shall pass laws TO eor, ,sSs
abuses on the different railroads IN
The legislature shall pass laws to prevent
unjust discrimination and extoItion ~ u on
ra;es OF freight and passenger tarihs on
~ d,eerent railroads IN this state etc.
The second question Tor our eeas'a mnon
ton is, has the legislature con,e.her -
make regulations TO govern comprese'nk
cotton for shipment? LII -. ,h.l
In prescribing the Official oa'n '0i ~