El Paso herald. (El Paso, Tex.) 1901-1931, 1910-06-15
HAWKINS RAPS GOVERNOR AND THE
GOVERNOR RAPS BACK, So THERE j!
CONTINUED From Page One.)

might undertake to impair the obIiga-
ton of such contracts, or of vested
| rights hereunder, would unquestion-
ably be obnoxious to the constitution
! of Texas and TO the constitution Of
the United States, and therefore void :;
and that it was beyond the power Of
the Legislature itself or of any board.
court or other tribunal. even under
I the tentative approval of the attorney
general or the direction of the COVER
; nor, to in any wise affect or change the
present status of past transactions of
! that character.
80 That the statute fixes heavy pen
| aIties for failure of any company or it's
agent to apply its general basis sched-
ules as to either rate or time of col
! lection or both, including fine or i'm
prisonment, or both, and revocation by
! the commissioner of the cOmpany's GER
tfficate Of authority to. do business in
! Texas.
1T is true that such revocation is
| within the discretion of the commits
stoner, but that is merely to relieve
! against unintentiOnal violations due to
| clerical or other like errors, the evil
! dent purpose Of the legislature being
| that deliberate violations of the law
| shall be punished by such revocation.
! would rather be blown out of a
4 seconds
! than to hesitate that long in observ-
ing my oath OF office and making good
! my pledge to the people Not even at
| the request nor yet at the dictation of
the governor who appointed me COM
missioner, will 1 so stuItify myself.
4 That the board had already set
/ June Il for a public hearing at Austin
TO consider whether existing fire in
surance rates in Texas are reason
able or unreasonable and had given to
each fire insurance company doing
business In Texas statutory notice of
such hearing, and had, through the
chairman Of the board called upon com
merclal and Industrial organizations
and municipalities and the people
generally to send representatives win
data and information which might serve
as a basis for the action of the board
and the regulation of rates
AND, fnaSmuch a the board unfOrtII-
nateIy has no authority under the law
to send for books and papers, the COM
missioner, in the exercise of independ-
ent powers vested in him bv another
statute, had called upon each such COM
pany TO file with him on or before June
u sworn schedules showing in dol
lars and cents for each of the first five
months in 1909 and 1910 resDectiyeIv
the amount of its business and the
amount Of premiums and the avera ge
rates thereon in each of the seventy
towns and cities which had been spe-
officially rated up to June /, 1910.
3. That the board had been assidu-
Gus In collecting information from
other sources and in studying the rate
question, and hope TO be able to make,
shortly after such hearing. all such
orders, II any. as may be necessary to
thereafter secure TO the people the full
enjoyment of reasonable rates
ernor. with the tentative approval of
the attorney general, it would be bet
ter Tor the matter 10 take that course
rather than for the statutory procedure
TO be interrupted TO any extent. or
TOT the action of the board in the prem
lses to be discounted and hampered.
3. That under the constitution the
opinions of the attorney general are
merely advisory; that they are respect
ed by me, and that l follow them upon
questions of law which I consider
doubtful, but that where I have care
fully studied a statute and have no
possible doubt as to its meaning or
legal effect l consider it my duty to
enforce the statute as 1 understand il.
pending final decision by the courts.
L believe that by remaining in office
1 can best serve my state and vindi-
cate my own official actions. particu-
larly in that matter in which I bavs
Deen so unfortunate as to incur Your
official displeasure and, so believing. T
respectfully decline TO tender my resig-
nation"
Statement by Governor.
The governors statement follows:
"Of course, 1 have no idea of engag-
ing in any letter or newspaper contro-
versy with my appOintee. Mr. Hawkins.
a committee from FL PaSO appealed to
the fire rating board for relief in an
emergency, which meant much TO their
city and to some other cities now pro-
testing against the fire insurance rates.
which they represent to be exorbitant.
After consulting with the two members
of the board, it was agreed that the
fire insurance companies be authorized
and requested not TO collect from the
insuring public the difference between
the old rates and the proposed new
rates, until the board could have the !
opportunity to adjust the rates upon a /
reasonable basis at the hearing which
had already been fixed for June 81
Upon my request the attorney gen |
eral came before the board and his |
opinion with reference to the legality Of |
the proposed procedure for the relief OF 1
Ell PasO and other cities was sought.
He advised that the plan proposed and }
finally adopted was clearly within the /