The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-15
Uniformity Only Good.

Uniformity Only Good.
1T is my deliberate judgment" said
Mr. Colquitt after exhaustively reviewing
railroad legislation in Texas, that the
principal, If not the only substantial good
the commission law of Texas, as admin
istered. has done the people. is the giving
TO them-to each person and place-uni-
from rates. Taking the staple products
of the state, l think it safe to say that
the rates now in effect and against which
the roads are protesting in the courts,
as being too low, are the highest of most
any other state in the Union, unless it is
the Rocky mountain and Pacific states.
This condition is not the fault of the
law. The law is, perhaps, the best ever
enacted upon the subject Our power is
that while in other respects the Texas
railroad commission law is a success il
vigorously enforced, yet as rate making
power l have been forced to the conclu-
sion that it Is very largely failure
Mr.. Colquitt said that he had asked
Commissioner Mayfield, IF experience and
results had not shown that government
regulation of railroads is a failure?" and
he quoted Mr.. Mayfield as saying that he
DfODOSl-
ton that government regulation by state
and nation is failure and that 'They tell
us the duty of regulating freight rates is
exclusively a legislative function, and yet
the legislative power in the exercise of
that function is controlled absolutely by
judicial interference"
Mr.. Colqnitt said he did not agree with
his distinguished associate in placing all
the blame on the courts as the courts
were not to blame for being appealed to.
Much of the trouble, he declared, was in
the Incorporation laws of the state He
suggested that Oklahoma could guard
against this by distinguishing in its con-
stitution between the "citizen" and the
artificial person." Also that the Okla
homa commission should be clothed with
judicial power. and that the constitu-
ton should provide for the purchase of
The railroads by the state at their mar
ket value in the event the railroads
should attempt to enjon the rates by
resorting to the federal courts.
Fails In Texas.
Declaring that rate regulatio had
failed in Texas. because the commission
has heretofore compromised with the rail-
roads, and has not given the courts an
opportunity to pass upon the reasonable
ness of the commissions rates, Mr.. Col
quit said he hoped that in the suit now
pending against the Texas commission
opportunity would be given for proving
the reasonableness of a rate and for es-
tablishing doctrine different from that
contended for by the lawyers in constru-
ing the Nebraska case. He also hoped
that Oklahoma would frame a constitu-
ton and law which would show that gov
eminent regulation of railroads can be
made successful.
In speaking of the Hepburn rate law,
Mr.. Colqutt said that Roosevelt with
a master mind and hand forsaw that
something must be DONE" and that IF
some courageous men are kept on the
commission and their actions are not
negatived by applications of the railroads
to the courts for restraining orders, the
country may be contented, but if the re-
verse takes place. then it will not sur
prise me if Roosevelt does not become the
forerunner of Bryan and a preparer for
the way of a different solution of the
transportation question"
Mr.. Colquitt was an advocate of rail-
road legislation in Texas, which cause
was championed by the late Governor
Hogg. He is the first prominent man in
public life in Texas to declare that it has
been a failure in results.