The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-02-19
EFFECT OF THE COMPROMISE.
Chairman Reagan and Commissioner Mayfied Set
Forth Their Respective Views.
AN IRREPRESSlBLE CONFLICT
WHICH WOULD BETTER HAVE
BEEN SETTLED Ar THIS TIME
Hntc. Which HIVE Bcen Restored
Are Declared TO lie Excessive aud
Even Extortionnte.

Austin Texas. February 1S--The fol-
lowing from Commissioner Mayield gives
his reasons for dissenting from the com
promise agreed to with the railroads yes
terday:
IT is to me matter Of personal regret,
that find myself unable to agree With
the majority OF the commission us to
the proper action that should be taken in
respect OF the so-called Injunction suits.
During the past eight years. the only ps-
Rod OF time of which this commission has
trustworthy information, II appears there
have been, upon the whole, Il reasonable
and steady increase In the gross ana net
earnings of the railroads OF this Stue,
as we'll as those connected with this liu
cation.
1t Is generally admitted by dlsinterested
individuals that the freight trafllcs pro-
muigated by this commission and enioined
by the Federal judge Mt Dallas, were not
In any respect unjust or unreasonable to
the railroad interests | understand that
each member of this commission enter
tains the same opinion. Not one OF those
who have appeared before this commits
sion has suggested a single error or act
OF injustice committed by this commits
sion in the matter OF freight tariffs in
40 far rs the railroad interests are af-
fccted
At all events, individually l am clearly
Of the opinion that no Injustice has been
done the railroads. On the contrary,
am sanguine in the belief that the
freight tariffs enloined wero In many
particulars excessive. in some instances
eStortionate, and that there should be
many rearrangements and reductions in
order to afford the public just and rem
sonablo rates, as contemplated by law.
There Is abundant evidence in this
office establishing the facts that some
If not all. the roads involved tn this It'll
CATION have for u long period of time
aud to an enormous extent paid rebates
transported various commodities for fla
vored shippers at rates below any tnrin
ever promulgated by this commission or
openly published by themselves and have,
in manifold ways, improperly diverted
the earnings of their properties Indeed.
In this latter respect, some are 80 bold
In their abuses as to practically admit the
charge from this office that portion of
their earnings has been appropriated to
certain political campaign funds and the
purchase OF Free Coinage Catechismg,'
presumably to educate t?) their employees
The evidence Is overwhelming that most,
II not all, these roads are in plain viola
tion of the constitution and laws Of this
state, dominated by their outside connec-
tons and so manipulated us to unjustly
burden tho commerce of this state
At the first conference between the
commission and the representatives OF
these railroads, touching n proposed COM
promise of these suits. | declared my
opinion to he that the differences exist
Ing represent IAN irrepressible conflict"
have not changed TINT opinion. Thege
differences must be settled. The public
interests can not aud will not be content
with a temporary expedient. If the COM
mission has committed any mistake or
error. II stands ready and anxious TO cor
rect the same. Any action In the nature
of n compromise, IL seems to me, must
to n greater or less degren handicap the
free exercise OF our judgment The differ
ences are only prolonged and their settle
ment postponed. 1t must finally be detcr-
mined whether or not these quas-publlc
corporations shall yield obedience to os-
tablished law: whether or not In the maxi
ing of Freight rates the pse dixit of the
bondholder or the law of the land shall
govern, and the sooner these differences
are settled the better It will BE- for all
concerned
Entertaining these views earnestly,
can not, in justice to what ! believe to
he the best interest OF the public consent
to any arrangement involving even the
maintenance of the tariffs enioined. much
less an increase to any extent upon those
tariffs. | am not unmindful of the mis-
chief and great hardships imposed upon
the traffic of this state rcsr'ting from
the existing injunction. Bul nave never
believed that the state is entirely with
out remedy. For reasons already indl-
Gated, 1t Is my Judgment that unless these
suits are withdrawn without qualification
The pending litigation should be conducted
through the courts of Hnal resort, with
all possible dispatch. Meantime, for the
purpose of aifording temporary relief, The
commission should establish rates slightly
In advance of those enjolned, such rates
To be IN lieu Of aud in subnrduntion to
those enjolned aud to be superseded by
those enjoined Immediately upon the re-
movai of the existing rostralnst against
their enforcement.
AS suggested by Governor Cnlberson in
his last message. the state should take
care that 10 law Is enarted that tends
to consolidate and strengthen the power
of these railroads The state should pro-
ceed promptly and energetcally go insu-
tute the proper proceedings looking 60
The forfeiture 81 the charters OF each of
these railroad corporations and inaugu-
rate an honest (ns we'll as orlglnRN plan
az reorganization.' Ia order that these
roads may be relieved or their fictitious
mud hurdensome indebtedness, and by he
time these Injunction suits arc finally
adjudiented it IL probable that fair AMI
lust basis can ho found whereby the rail-
road commission of Texas can proceed 10
adopt the necessary rates and charges 10
govern aud regulate the freight ana pas
enpgo- tariffs ON the railroads Of this