The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-10-12
A DEFECT TO BE SHOWN
To the Next Legislature and a Remedy
Therefor Asked.
THE VALUE or THE ANrl.REBATr ACT
Il Practically Destroyed BY the Law Re-
latins to Delivery Of Freight on Bill
OF Ladina Charges.

Atssin, Texas. october 1.-The railroad
commission 10 ltA forthcoming annual re-
port win ask the governor to make certain
recommendations 20 the next legislature
to cure some OF the errors Of the Twenty
sixth legislature. which were embodied
into laws.
That sesRion Of tho legislature passed an
act which was Of far-raaching importance
"a tho commission, which was known as
"An act TO defne and punish unjust dis
crimlnation by officers, agents. servants
aud employees and receivers, their officers
servants. agents and employees Of railroad
companies 20 the state"
This law makes Il pon'tentiary ofense.
OF not loss than Two or more than ave
years, for an officer, agent or employe, or
receiver. hls agent or employe OF rail.
road company TO allow any special rate.
rebate. drawback or other device for and
ON behalf Of such railroad company, know
ingly charge, demand. contract for. collect
or receive from any person, nrm or cor.
poration greater or less compensation
for any service rendered or 10 be rendered
by any such railroad company 10 the state;
This was a good piece Of legislation anu
WAS so regarded by tho commission, iot
besides O penalty II made feDatlps 4uh
discrimination a penlteuuary ohense.
Now that same session Of the legislature
passed on act recurring railroads 70 de'lvef
freight IN accordance With the bill Of ad-
Ing and provided a penalty confined 10
the recovery q damages n this act was
nos complied with
"That any railroad company. u otnceiat
aCent8 or employees having possession OF
any goods wares and merchandise or any
kind or character whatsoever sbal deliver
the same IN the owner, his agent Or CON
6igpec upon payment OF the iIelBht
charges as shown by the bill OK lading
Fhlq act was NOT submitted 20 the com
mission before us Introduction In the leBlS-
laturc. The other act quoted ABOVE makes
u pcn.tentia4p onense 10 rebate Or ais-
triulirate, while fhis LAST act compe'a tine
railroad TO haul tho freight Ia accordance
with the bin OF lading
rho bil Of ladng may be doctorod, go
what ia the railroad 90 do2 And where
does tho authority Of thu commission come
in z i'OV tuG reason, as the Two acts arc
sqaarely opposed 10 each other ne commits
sion viii nRk iho governor to call the at
teutlou 1f Che next legislature 60 the fact
The commission in rs last annual report
iricd as much as possible 70 destroy ne
forcc ~ the bin 0t fading act by putting
To tho following rule:
Circular 80 $50. dated juno 10. 1899:
Relating to bills Of fading:
In view AZ tho apparent conflict be-
tween cCrtain acts passed az the last
session Of tho legislature, and the diff
fercnt construction placed thereon by
shippers and railroad employees. and to
the end that Justice may be done and
the law against rebates and discrimna-
tinus enforced n AZ ordered by tile rail-
road commission ~ Texas that here
after all bills Of ladlng given by rail.
way companies shall contain nota-
ton thereon In words substantially rs
follows!
"Thls bin OF lhding Is given subject
to correction as % rate, weight and
classification so as to conform 20 the
rates. rules ana regulations prescribed
by the railroad commission OF Texas"
This order shall take effect and he In
force from and after this date.
OF course the commission can not make
or unmabc the laws, but Il can establish
rules, and by this rule Il sought. 70 do
stroy the gross conflict between tho acts.
Now they want an expression from tho
legislature on the subject and there Is
no doubt but what these two laws ueed a
remedy.