The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-02
JUDGE M'LEAN REPLIES
STATES WHEREIN THE COMMISSION
LAW rs DEFECTIVE.
RciterRtes TINT n Railroad May Dis
criminate In Rates and Not lie
Amennblc to Punishment.

phSihi"H. itAhs. september 81. -~Ine Post
correspondent called Judge L. C. McLean's
attention to Judge Reagan's criticism OF his
pMcLean's) discussion Of the railroad com
misslonon law, to which Mr.. Mclean re-
piled: Yes. | have read 1t In The Post o,
the 2sth what Judge Reagan is reported
TO have sad; that Is, that | have discoy-
cred at this late date that article 4574 re-
vised statutes, defining unjust discrlmna-
ion Is so worded that 1t can be construel
to permit OF the carrying by railroad CT q
greater or less rate than that prescribed by
the railroad commission. provided ali Of
its patrons are treated alike in tae matter.
THE judge is correct IN stating that the
defect Is in article 457i of the revised stat
utes, but 1t is not in the defining of uniust
discrimination in the matter pointed out By
Judge Reagan. as article ASIA OF the revised
statutes Is section 10 OF the act of 1891, and
section ~ OF the same act--which Ia no.
copied into the revised statute, but is
made article 1909 OF the penal code is
curative Oh the construction Judge Reagan
considers that have placed on article 4514
The defect Us not only in article 1914,
revised statutes, but is also In article 1908
of the penal c1de, and is also in the inter-
st,,a c,,,,oo,oo 49,,
VT A''icic fof OF the
revised stotutes was apparently patterned
alter section z OF the interstate commerce
act.
lhe evident Intention of Article 1874 re-
Nlsed statutes and OF article 1905 of the
penal codc, was to prevent the granting OF
rebates, or Of giving preferences by lower
rate OF freight than fixed by the commits
sion or OF arriving at the same thing as u
preference ny charging some Il greater rate
thah commission rates. Although the term
regular rates Is inade use Of, which | APP
PIehthu wouid ne construed 10 mean ths
rates as liked by the commission.
for the purpose OF making clear what
sad, and which The lost reported cor
rectly, as TO the defect in the law, | Will
feIer to article 1908 Of the penal code that
aiNts penalty of not less than 800 nor
more than $1,000 on any officer or agent OF
any railroad, subject to this law, who hy
means OF false billing false classification.
ldlse weight, or by any other device shall
suffer or permit any person or persons 10
obtain transportation for property at less
thah TIE regular rates then in force On
such railroad This Is as far as need go.
as nave no question as to the law being
adequate 10 PUNISH II greater than commits
SION rates are charged.
Article ASH IL that In case a ra,,rold
subject 10 the law should directly OF iii
directly, or by any sneciai ute. rrpatc
drawback ar other device, shall charge. de-
mlhd, collect or receive. tic, greater or lesc
compensation, II Is unjust discrimination
and punis liable by fine Of not less Than $500
nor more tnan $4,000
Now, what do say Is that rain oads,
both state and Interstate, can without be-
Ing guilty OF any violation OF either article
OF our state laws, or OF any section Of tho
Interstate and the amendments thereto
haul car loads for A and for Il for less than
the commission rates and less than they do
for G and u, from the Same points al tha