The Austin Weekly Statesman. (Austin, Tex.), Vol. 20, Ed. 1 Thursday, March 3, 1892 Page: 3 of 8
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idea upon the floor. This Brown bill
when compared to the present bill
was soothing sj-rup to acqua fortis.
Senator Johnson of Smith county who
himself had given no little thought to
this matter in more than one session
of the legislature refused to accept
the Brown bill as a solution because it
was not extreme enough and there-
upon in joint committee he formulated
another bill which had already been
introduced into the senate by him and
dominated the committee sufficiently
to have his bill substituted for the
Brown bill. This Johnson bill was ex-
treme enough in all conscience but it
gave to the railroad a limited right oi
appeal to the courts of justice for pro-
tection and this was sufficient to damn
the bill in the eyes of his excellency.
The Johnson bill was retired and the
present bill formulated in the execu-
tive office and precipitated upon both
houses of the legislature with the nn-
understanding that it was
the governor's ultimatum. So
if thre bo defects in . this
bill if there be violations of the con-
stitution if there be uudue harshnoss
and unstatesmanlike severity in the
measure if it is not adapted to the
wishes of th.9 people of Texas the
GOVERNOR IS SOLELY RESPONSIBLE
and cannot escapo the responsibility.
Let us examine some of its provisions
and Eoe how they comport with states-
manship. Section 6 reads as follows:
"If any railroad company or other
party at interest be dissatisfied with
the decision of any rato classification
rule charge order act or regulation
adopted by the commission such dis-
satisfied company or party may file a
petition setting forth the particular
cause or causes of objection to such de-
cision act rate chargo classification
or order or to either or all of them in
a court of competent jurisdiction in
Travis county Texas against said
commission a9 defendant. Said ac-
tion shall have precedence over all
other causes on tho docket of a differ-
ent nature and shall be tried and de-
termined as other civil causes in the
court. ICithor party to said action
may appeal to the appellate court
having jurisdiction of said cause and
said appeal shall be at once returnable
to said appellate court at either of its
term3 and said action so appealed
shall have precedence in said appel-
late court of all causes of a different
character therein pending; provided
that if the court bo in session at the
time such right of action accrues the
suit may be iiled during such term
and stand ready for trial after ten
days notice."
This provision standingalone would
clearly give a railroad dissatisfied
with any ruling or order of the com
mission a riaht to anneal to some
court in Travis county for protection
though what court would have juris-
diction is left In an indefinite condi-
tion. But this provision is delusive
and designedly so. In other woids it
is a fraud a travesty upon justice be
en use when taken and considered
with other provisions of the law this
rio-ht of anneal is incapable ot'exer-
niso repent unon (lie contingency of
nrnctical confiscation. Looking to
suwMnn 5. the snetion immediately pre
nnnriintr this it will be fou nil that in
case of suits between private parties
and anv railroad company brougni
under the law the rates charges or
ders rules regulations and classified'
lions prescribed by tho commission
before tho institution of sjch action
nrotiihe held conclusive and deemed
and accepted to be reasonable fair and
just and in such respects shall not be
controverted therein until finally
found otherwise in a direct action
hrono-ht for that purpose as specified
in section C. In other words and to
state the case more plainly upon the
establishment of a rate by tho com
mission or tho promulgation of any
order in case litigation arises bet ween
the railroads and any other piivate
person the railroads are not permuted
to controvert me justness ui auvu ui
nW or rate but the order or
rato made by the commission is
conclusive upou tho court trying the
case ft is as much as saying to the
Is: If vou disobey our orders
with reference to rates and a private
npi-son sues vou for such disoueui
encc vou can come into couit on sum-
motn of the private person bin you
MUST STAND MUZZLED.
You can say neither yea nor nay but
like a sheep before its shearers you
must: v.ot. nnon vour mouth. You shall
not question tho sense or justice of the
order of the commission but that or
der shall be conclusive upon you
in the suit and the court shall
decide aaainst vou as soon as the
fnnt ia ascertained that you have dis
nhnvnri that order whether the court
is of the opinion that it is reasonable
and just or the reverse.
- Turning to section 14 we find theob-
v inns mi r nose of section 5. inis sec
tin provides that if any railroad coin-
nanv Kiiblect to the act or its agent or
officer shall hereafter charge collect
Ham ami or receive from any person
company firm or corporation a great-
er rate charge or compensation than
that fixed and established by the rail
road commission lor the transpona
Hon of frnis-ht. passengers or cars iVc
uiipVi rn iirond eomnanv shall be deem
oi o-niHv of nxtortion and shall forfeit
and pay the state a penalty of not less
than one hundred or more than five
thousand dollais. Section 17 provides
that any railroad which do cause to
be done or permit to ubuuub uj man-
fnr nr. or thl nar in this act prohibited
or declared to be unlawful or shall
omit to do any act matter or thing
herein required to bo done by it shall
be liable to the persons injureu mmo
bv for the damage sustained in eotise
cm Anna of the violation and in case
the railroad company should be guilty
nfaTturt nnor rtiscrimiuiuion as ue
finoH then in addition to such dam
ao-es the railroad company shall pay
ha r.orson iniurod thereby a pen
alty of not less than $125 nor more than
swrin to bo recovered in any court of
competent jurisdiction in any county
into or through which such railroad
Andtheonlv defense per
milted by this section to the railroad
is that it may prove im
charge was unintentionally and iuno
contly made through a mistake of fact
So in cases of extortion or discrim
fiofinfid hv the act a prl
vnfa m'fWan tnnV RUP. DOC 0U1Y lor tUG
hnf fnr fhA penalties an
when suit is brought the rate fixed
nrlrlitimi rn t.nn iihhhv i
individual the state also can recover ) or right." And our people in frain-
a nonnitv for finch pf ofnot less than 1 inir the organic law of this state for
100 nor more than $5000 and these
penalties are cumulative. The
OPPRESSION OF THE LAW
may be explained thus so as to be
plain to the common understanding.
The commission may fix its rate. This
rate may be so low as to amount to a
practical confiscation if adhered to by
the company. If the railroad obeys
the orders of the commission it means
the destruction of the property under
the law; if it refuses to obey and there-
by an action inures to a private indi-
vidual it may go into court but 'can
make no defense and penalties may
be multiplied in this way ad iniinitum
because each violation subjects the
road to the penalties at the instance of
any shipper. If the road in its vain
search lor a remedy should appeal to
the courts for protection the rate pres-
cribed must be observed regardless of
its damage or injury or unreasonable-
ness or failing to observe it the road
must litigate with the commission and
subject itself in case of iailure to the
recovery of a penalty to be recovered
by the state lor eacn act oi vioiawuu
durinff the progress of the litigation
of not less than $100 nor more than $5-
000 which means in plain English
that ft the road appeals to me couri
and disobeys the order of tho commis-
sion on account of its unreasonable-
nets and fulls in its litigation the
penalties will accumulate so rapidly
and so o .erwhelmingly as to confis-
cate the property in behalf of the state
fn case ot such taiiure.
This vnay be illustrated further
by the example of a pub
lic mill or gin among the farmers.
Assurninr that the usual charge for
ginning is ono-tenth and that public
gins are public institutions which the
stale is empowered to regulate ior tne
protection of the people through a com
mission or in any other way and the
state sees fit to prescribe that one-
tenth for ginning is excessive and ex-
tortionate ui:d unjust to the people
and that cotton ought to bo ginned lor
one-twentieth. The owner of the gin
protests that he cannot keep his ma
chinery in operation for one-twentieth.
The commission is nceuiess anu in-
sists upon his observance of the rules
under the order and tells the ginner
that if ho is not satisfied he can go to
Austin and sue the commission and let
the courts determine whother the
ates prescribed by the commission is
reasonable or otherwise. 1 he ginner
knows that he will not be able to live
and do business for one-twentieth; he
knows that liismacbinerv is wearing
out var bv vear and will need re
placement Horn time to nine anu
when these replacements and better
nients are made there will be nothing
left to pay interest on his investment or
one dollar for his labor. He refuse to
obov the order of the commission ons
the arround that its order amounts to
confiscation and' persists in charging
one-tenth instead of one-twentieth
nreseribed bv the commission. One
of his customers sues him for extortion
He attempts to justify his charge but
a met with the law wnicu says mat
the order of tho commission is con
elusive and the court must so hold.
He appeals to the court at Austin
against the commission and in the
meanwhile persists in charging the
ono-tenth because he is not able to
operate bis giu for a smaller sum. Af
ter tedious delays during tne progress
of which each day ho is subject
ing himself to additional penalties
aud those penalties are accumulating
mountain high upon him his case
comes to trial and the court determines
and adjudges that lie is mistaken and
tbat one twentieth is a reasonable rate
for ginning bis neighbor's cotton.
What position is ho lelt m? The pen
alty will more than eat up his plant
he finds himself stripped ana roooea
of his property simply because he
wanted to exercise tne
EIGHT OF EVERY FREE MAN
and one guaranteed to him by the con-
stitution of the state the right to ap
peal to the courts for the protection ot
his property by due process oi law. ur
take the other view of it. Suppose he
obeys the order of the commission and
changes his price from one tenth to
one twentieth and appeals to the
courts to determine whether one tenth
was unreasonable or not and after
tedious delays a judgment is finally
reached by the supreme court deter-
mining that he is right and that one
tenth is a reasonable price xsur. in
the meanwhile he has been operating
for one twentieth tinder the order of
the commission. What becomes of him
in that event? He has been operating
his property at a ruinous price to the
detriment and sacrifice of his material
interests and when vindicated at last
bv the highest court In his state the
damage is done and there is no means
of reparation for the state does not
propose to pay him in case the com
mission nas decided wrong.
Thus you see fellow citizens the
situation with reforence to this vast
interest built up in our midst upon
our invitation and upon a guarantee
of the same protection that our own
people should receive under tne
law an interest which in building
itself up has built us up also adding
hundreds of millions to our taxable
values and inestimable acquisitions to
our private property advancing val-
ues hrinrinr' civilization and prosper-
ity in its train and enabling us to en
joy at bur homes the comforts derived
from the maruers or ino wnoie worm
is denied the privilege accorded tho
humblest citizen of tho state for he
can appeal to the courts organized for
his protection without lot or hind-
rance without delay without embar-
rassment without pain without pen-
alties. But this great interest which
is not entitled to any more considera-
tion than that accorded the humblest
citizen is at least entitled to the
same consideration. This bill was
ingeniously framed to cut railroads off
from their constitutional right it
was designed to intimidate them from
appealing to the courts for protection.
Its purpose was to arbitrarily force
them to obey the orders of the com
mission without appeal. If this be
that due process of law guaranteed to
us by the constitution for the protec-
tion of property wo had best amend
the constitution and make it more
stringent for this is n sacred right.
Away back in the 13th century our
English ancestors took arbitrary pow
er by the throat which had been self
our government studiously observed
this precept of human liberty which
has been handed down to us lor many
generations and declared ''That no
citizen of this state shall be deprived
of life liberty property privileges or
immunities or in any manner disfran-
chised except by the due course of the
law of tho land."
Shall this constitutional mandate
fellow citizens be observed in our leg-
islation or shall it be disregarded ? If
we trample it under foot with refer-
ence to one third of the taxable pro-
erty of the State how soon may it
e before we are again called upon to
trample it under foot with reference to
other rights equally as sacred and
which ought to bo equally as secure.
Can we afford even in moments of
passion to Ignore the great principle
which has
PRESERVED OUR LIBERTIES
so far and has stood as a bulwark in
our defense giving to us when we
labor the blessed assurance that we
shall enjoy the fruits of that labor
without lear of molestation upon the
part either of government or oi indi-
viduals and that by the exercise of
frugality and economy aud judgment
in our business affairs we may be en
abled in the vigor of our manhood to
accumulate a sufficiency for our sup
port when old age come3 upon us.
Shall we surrender this glorious right
and privilege merely for the sake of
controlling rail way corporations which
are perfectly controllable without any
such sacrifice. Are we afraid to trust
our own courts' with the decision of
questions affecting our railways
which are our heaviest taxpayers !
When our constitution says that all
persons shall have the right to appeal
to the courts for protection of person
and property it means something sub-
stantial.' It does not mean that this
right shall be granted as a special
favor or limited by any condition. It
is an absolute right to be exercised
by the citizen at pleasure ami tree
from punishment if it develops that
he is mistaken in judgment. Fre-
quently we appeal to our courts be
hoving that the law aud the lacis are
on our side and that we are
entitled to the relief demanded
only to find that there are two
sides to every case and the
court cauuot be impressed with our
view. And yet there are no punish-
ments lurkiug near to devour us bo-
cause wo are proved to have been mis
taken. How would u citizen feel if he
knew that he could securo justice in
tho courts only by running the gaunt-
let of destruction in case ho failed?
Not destruction merely at the hands
of his adversary iut at the hands of
his state whose duty it was to protect
him? This is the burden we have cabt
upon railway owners and how does it
comport with the guarantee of the
Federal constitution which forbids a
state from denying to any citizen "the
equal protection" of the law? Any
person can sue a railroad without dan-
ger if he fails but under this law a
railway cannot venture to sue the
state no mattor how gross the oppres-
sion or unreasonable the exaction be-
cause if it fails it means death to it-
self. And when sued by a citizen it
is not allowed to defend. Can we
wonder that capital is intimidated
and confidence destroyed? Can we
marvel that tho outside world refuses
to trust us any more and in answer
to our assuraucos points with deris-
ion to these law3 as a true index of
our intentions? I ask you to ponder
upon this and to give your verdict at
the polls and let that verdict bo what
it ought to be coming from men who
lovejustice and respect the guarantee
of the constitution.
Fellow citizens there is another
feature of this commission law which
is calculated to strike a democrat with
alarm. It is a fundamental doctrine
with us as a party that all power is
inherent in the people and that the
perpetuity of our institutions de-
pends altogether upon their vir
tue and intelligence. If the
peoplo are incapable of administering
their own affairs of government in an
intelligent and conservative way then
there must bo a speedy eud of popular
government. Tho ideas of the Dem-
ocratic fathers was among others.
that power in any shape except when
abiding with the people should be
watched with jealous vigilance. Tho
tondency of all government whother
republican or monarchical is to Errasn
at favorable intervals fresh accretions
of power and authority. There is and
nas been always constant war for
power between government and peo-
ple. These opposing forces which
may be styled the centripetal and cen-
trifugal forces in government by rea-
son of their opposite tendencies servo
to maintain a proper equilibrium be-
tween people and government. If the
people become careless and allow gov-
ernment to arrogate to itself constant-
ly all important powers tliey are li-
able to wake up and find themselves
slaves for a strong government means
a weak peoplo and a weak govern
ment in a republic nearly always sig-
nifies strong individuality on the part
of I lie citizon. This thing of adding to
EXECUTIVE PATRON' AGE
has already become distasteful to the
American mind. The president of the
United States today wield3 more arbi-
irary power and deals more largoly in
public patronage than the sovereign
of the British empire. This same idea
ot executive patronage permeated oui
constitution antecedent to the one
under which we are now living and
the governor was invested with such
power aud such influence as enabled
him at hi3 pleasure to. precipitate
upon ino peopie an oligarchy instead
ota republic. In 1875 however the
people determined to chanae fhul
organic law and their representatives
in convention beinir dulv advised hv
their constituents proceeded to frame
a euusumuon more in accord
ance with Democratic principles
wnerever practicable tho governor
wa3 stripped of power and such power
was returned to the people; and this
constitutes one or the chief cxcellen
clos ot the Instrument.
It was hardly to bo snnnosed that
in any important addition to the oHlnn
holding machinery of our governmentf
a Democratic administration would be
found to antagonize this principle so
thoroughly a33erted by tho frarncrs o
our present constitution and so dear
should be selected. It was ' assumed
that under Democratic Institutions
there could be no question but that
the people themselves should select
those to whom they proposed to en-
trust the administration of such im-
portant functions. And yet when
the legislature met and procoeded to
carry out the will of the people in
framing a law which should protect
them from railroad injustice and at
the same time protect tho railroads
from injustice at their hands which
was the public desire it was ascer-
tained that the executive whom the
people themselves had selected had
determined iu his own mind that
HE SHOULD BE VESTED
with the power of naming these com-
missioned and of substantially di-
recting thoir action for such is the
condition of the law today. It was
urged upon the floor of the two houses
by Democrats of unquestioned prin-
ciple and of thorough devotion to
Democratic teachings that it was pe
culiarly appropriate aud fit that
these commissioners vested as they
were necessarily under the terms
of the bill with arbl;
trary and absolute power over
great investments should receive
their commissions from the peoplo
themselves aud be responsible only to
the people for their discharge of what
ought to have been a sacred trust. But
their arguments wore met with the
ipse dixit of those who stood near the
governor that he would not tolerate
this Democratic method of govern-
ment and if a bill was passed giving
to the people their inalienable right
to select their own agents lor the ad-
ministration of their government his
excellency would veto the bill. This
nad its eiioct oi course ana alter a
struggle for the supremacy of Demo-
cratic principles the advocates of
those principles yielded their judg-
ment and surrendered to the execu-
tive a right which belonged to tho
people. The' significance of the move-
ment was not detected by t he masses.
It was not seen by them that this was
a long step in the direction of absolu-
teism in our state. They did not know
nor realize that this meaut the gov-
ernor should be supreme in the admin-
istration of the commission law and
that his word or his nod 'should pre-
vail thereafter in the operation of this
board. I do not charge that the gov-
ernor has interfered with the admin-
istration of the law by the commis-
sion. Possibly he has not and for
the sake of argument I am willing to
admit that he has not uttered one
word or promulgated one suggestion
to the commission since he approved
the bill. But that is not tho ques
tion. The question is one of power in
the executive ot violation ot Demo
cratic principles of investing one man
by law with autocracy which is in
consistent in any shape with genuine
republican liberty. The motive was
artfully concealed in this as it was
coucealod In the attempt to deprive
tho railroads of their power to go to
the courts for relief. There was no
mention made in the law that the
governor should have power to re
move the commissioners and it was
even urged that this power not having
been granted to the governor was in
capable of exercise by him. mis spe
cious plea could not impose upon any
one lam liar with tne laws oimia
State for turning to the Revised Stat
utes. there stands a law which au
thorizes tho governor to remove any
nnointlve officer in the administra
tion at his own will. I refer to article
387 of the Revised Statutes. And so
when the work was done aud finished
we found this groat investment in the
state manacled so as to prevent mem
from going to the courts and praying
as an humble suppliant forjustlce
and the administration of its aflairs
placed entiroly in the hands of three
men who were selected under the law
because they had no Interest whatever
in the investment and liable to re
moval at anv time at the will of the
srovernor who appointed tnem wun
out check or hindrance. If this is not
absoluteism. what would you call it
follow citizons? If this is not a step
n advance of anythingundortaken by
Krimond J. Davis in his career in this
State from 1870 to 1874 what would
you call it? If this style of law mak
ii'.fr is not absolutely inconsistent am
incompatible with liberty and with
democracy then after long -ears of
faithful and patient stuay i nave
failed to srrasn the meaning of either
term. How monstrous the proposition
that the
PEOPLE ARE NOT CAPA1ILE
Of
scloctiuar these commissioners
Why. thev selected the governor him
self the man who under this law is to
ait clothed with arbitrary and irres
ponsible power charged with tne ap
nolntment and removal of the com
niis-sioners. For many years tboy have
selected the judge3 of your highest
court and who can say they
tiavo ninilo nnsiUKOS in uun e
lectiou? This was a popular
movement; it was a response to the
prv of ihe people for relief: it. came
from the t.eoule themselves in re
anonsfi to tneir demands uwereu in
rwhf lmins tones. How appropri
ate it was then that the people tnem
selves having demanded this agency
should at least havo a voice in its so
lection. And how peculiarly appro
nriatn it would have been to have dfi
volved upon tho peoplo themselves
the responsibilities and all the re
snonsibilitips of tho law. And yet
thev were denied this poor privilege
hv tho will of tho oxccutlvowiieninev
were clamoring ior mo rini iu eie
by direct vote their United Stales
. . 11 1.1. ..Ir..
senators and even the president ol
the United States. The time has como
u-hpn thev Intend to assert this rignt.
The day for beseeching tho executive
for the privilege ot exorcising mis con-
stitutional right has passed. Hound
his friends were implored to give me
right to the people and It was refused.
Iff was conceded to him aud to his
friends that ho should have the right
to name tho first commission who
should hold the office for two years
and the demand came iu response that
ha should have this right for four
years and after that it should be made
elective upon tne assumpnuu ur
nnan iliat Hfter the retirement of his
AYPAiienev from the executive office
thorn con id not be found any man in
the state of sufficient virtue and in
'eruor luudo of the commission? tVh
this very first step In its organization
was to pervert It tor the bendit of
HIMSELF AND HIS FRIE ud.
Who thought of Horace Chilton
as United States senator befort
his appointment by Governor
Hogg? Who contemplated in
in this state such a consummation of
political affairs anterior to its happen-
ing? There was no vacancy in the
seiiate. The. seats from Texas were
filled. And yet by some hocus pocus
not yet intelligible toobservant minds
a distinguished citizen of the state
who had been honored with this high
and dignified office steppod down aud
out and took a much humbler position
and the governor appointed his friend
even before the vacancy had actually
occurred in law and before the people
of Texas were aware that a vacancy
existed. I dislike to draw compari-
sons my fellow citizens between the
public acts of Democrats and Republi-
cans especially when such compari-
son Is in detriment to my own party
but my mind involuntarily turus to a
similar condition of aflairs which ex-
isted in the most intense Republican
state of the union. I allude to Ver-
mont. A distinguished senator from
that state who had served his con-
stituents faithfully for many years in
the United States SeDate for reasons
satisfactory to himself resignod his
high office about the time of Judge
Reagan's resignation. There was no
haste by the governor of Vermont iu
filling this vacancy; he took his time.
It was supposed that a distinguished
gentleman who then held a cabinet
position at Washington Mr. Proctor
would be tho immediate recipient of
the honor. But yet there was delay
in making the appoiutmeut and this
delay passed from days into weeks
and from weeks into months until
there was a clamor anion? his friends
to know the reason why. It was sup
posed tnac me governor of Vermont
had some sinister motive in with-
holding the appointment of Mr. Proo-
tor. And yet after the expira-
tion of many months congress not
being in session and there be-
ing no pressing exiarencv demanding
that the vacancy be filled the gover-
nor of Vermont tendered Mr. Proctor
the appointment with substantially
this statement: "I have always been
your friend and havo always wanted
to appoint you to the senatorsliip but
this appointinont was a trust reposed
in mo by the people of Vermont to be
exorcised for their benefit and accord-
ng to their wishes. I havo dolayed
tendering you the appointment in
order to
ASCERTAIN THE WILL
of the people of Vermont. And now
alter making a thorough canvass ol
the state I rind that the publiowill
comports entirely frith my personal
inclination and I take much pleasuie
as your friend in conferring upon you
tins high distinction." bhaue oi
Thomas Jefferson! What a compari
son this lofty and patriotic action of a
itepubiican governor bears to the
action ol our Democratic governor in
Texas. Why the latter has dealt
with this high trust as if ho supposed
t hat the office of United states senator
was his personal chattel a plaything
to be passed to his friend as any
other gift "with total disregard for the
wishes of the people ol Texas. JNow 1
believe in standing by my friends it
is a part of my religion. I have no
recollection of ever having turned my
back on either friend or foe aud I hope
never may. Ana this inclination
upon the part of the governor of Texas
to stand by his menus is under proper
circumstances most commendable l
have no fault to find with him for Jov-
imr his friends. But we must deal
with our fciends In the proper man
ner. and irive to our friends as a
friendly favor only that which be
longs to us. it a trust fund is con-
fided to our care wo cannot make a
present of it to our friends without
a breach oi trust. II iortuue
smiles upon us and we are
blessed with wealth' and riches we
have a right to give to our friends of
this wealth such portion as we soe fit
because it is our property. There is
the distinction. Aud when Judge
Reagan saw lit to resign his seat in
the United States Senate and accept
a position upon tho Railway Commis-
sion of Texas a matter purely for his
own decision it did not lie with the
governor of Texas to say even to hini-
solf or to think even to himself that
I must give this office
TO MY FRIEND
becauso he is my friend. His ap-
pointee goes to Washington not as
the friend of the govenor but as the
representative of the poople of Texas
in the highest position at their com-
mand. And the people are entitled to
be consulted as to how this office
should be filled even by appointment
and their wishes are entitled to re-
spect and to obedience. I allude to
these matters fellow citizens in or-
der to show the evil effect of placing
undue power in the hands of any one
man. Human nature is weak and it
ought not to be tempted. Had this
commission been elected by the peo-
ple think you that this arrangement
could havejbeen consummated? Solet
us return to the good old fashioned
way aud give back to the people what
rightfully is theirs under the Consti-
tutionthe right to solect all their of-
ficers. The governor has no business
appointing any. If he devotes his
time for the best interests of the State
in maturing measures for her welfare
and the happiness of her people ne
will "have accomplished all that lies
within the power of any one man
without troublinff himself with ap-
tiointnients. Let us go back to this
old Democratic practice and hereafter
look back on this marKea departure
simply as a beacon light to warn us
never asrain to violate the great and
essential principles of repulican gov-
ernment for tlie benefit aud at the
command of any one man.
There is another feature of the pres-
ent administration which would be
almost farclal if it had not proved so
tracical. I allude to the tinkering of
tyros with the Jaw regulating the
ownership of lands by aliens. For
the disastrous effect of the alien land
law upon the prosperity of th9 people
of Texas I hold the governor of
Texas directly responsible. He re-
commended it in his message; he
hastened to approve it when brought
to his office when the statute Book of
! IT JjJ .IOoi' A.MUSii.
on the part of the governor's defend-
ers to attack the legislature for this
gross Ignorance and recklessness so
di. .l ijed; and it is oqualiy laughable
on i.i part of the governor in his at-
ei. . to lay U upon somebody else
lie wis placed In his position for the
press purpose of carefully guarding
against such destructive legislation.
Members of deliberative bodies often-
times In the hurry of the moment or
perhaps moved ty excitement or by
undue passion or from a varletv of
other couceiveable causes are not able
to give to proposed legislation that
calm and deliberate and cnrfiil An
amination requisite before legislation
shall fructify into law. And for this
reason the governor holding the veto
power is placed in his office to repre-
sent one-third of the legislative power
of the government and to call a halt
as soon as he ascertains that undue
haste has penetrated the councils of
tho legislature and is about to precip-
itate upon tho state some disastrous
law. He is given ten days for his
careful examination of the law. He
ia nuiuunzuu io souuu tne note oi
warning by his veto message and to
call the attention not only
of the members but of
the people of the state to what la
going on in their capitol so that pub
lic opinion may nnd some mode of giv-
ing itself expression so as to influence
members. When this law was laid
upon his table it was his duty to 'ex-
amine It most carefully. And it was
supposed that by reason of hla eleva-
tion he had acumen to detect errors
andthe mauhood to prevent them. If
he examined this law and failed to de-
tect the disasters lurking beneath the
worus ue wrote himself an Ignora
mus. If he examined this law and
detected the disasters necessarily
lurking beneath the words and then
approved it - '. j
HE OUGHT TO BE IMPEACHED.
If he failed to examine the law and
affixed his signature to it without
knowing its con;ents or its effects he
was guilty of gross and criminal negll-
gonce unworthy of a governor. Now
he can take either horn of the di-
lemma he prefers and I will be satis-
fled with his choice.
There was uo necessity fellow citi-
zens for such nonsense upon our stat-
uto book. The purpose sought to be
subserved by good meu and true men
and w ith which purpose I am in per-
fect sympathy was to pass a statute
which will prevent the accumulation
of largo landed estates lu the hands of
aliens or of alien corporations. So far
as I am concerned I am opposed to
any corporate ownership of land In
my state except for tho immediate
purposes of the corporation. A cor-
poration has no soul it is well said in
the law books. And there is another
expression which fits it equally well;
it can be made immortal. I want no
such ownership of landed interests in
this state as that. It is contrary to
the genius of our Institutions and
the constitution which forbids per
petuities. 1 am not willing to
stand idlv by and see an alion
corporation which can be created
aud extended and ro extended by
some foreign power hold at Its will
any portion of the landed interests of
thiB great state; neither do I care to
seethe experiment made by our do-
mestic corporations. With individu-
als it may be different their lands are
held under our laws of descent and
distribution and in a vast number of
instances must change hands with
each generation. But not so with
corporations. It cannot be a difficult
matter to so adjust our laws that the
state through its proper officers may
at any time it becomes apparent that
thepublio interest so requires insti-
tute action against alien owners of
lands and escheat such lands to the .
state under such conditions as the
state may see fit to impose. This
would leave
OUR TITLES UNMSTURRED
and purchasers won!.! i;ot bo required
as under tho Hogg law. to Investigate
the family history of his vendors in
the chain of title in order to ascertain
If he had ever been a stockholder in an
alien corporation and to keep a void
title from being imposed on him.
Whether it be true or false I know
not but at any rate It has been pub-
lished by the Galveston and Dallas
News that lu an interview with Gov-
ernor Hogg at Corpus Christl last
summer he attributed the passage of
of the alien land law to the railroad
ohVir etatlng that the motive was to
bring d :n repute upon the administra
tion. 1 1 such be the fact fellow citi
zens the administration was very
easily gulled far too easily for the
comfort of Intelligent people in the
state who realize that their Interests
are in the hands of such an adminis
tration. If our governor is gullible
we ought to swap him off because
Texan s are a smart people and their
governor ought to be thoroughly
representative in this respecc.
We ought to select a man
who cannot be gulled either by a
railroad lobby or any other sort of in-
spiration. If the governor had de
voted less time to the study or multi-
plying appointments by three when
only one vacancy had to be filled he
might have avoided this mistake
which in one line upset the land titles
of the state and cast disgrace and
suspicion upon our people.
Another public teature or the pres
ent administration is the manifest
INSINCERITY OF ITS PROMISES.
Notwithstanding the fierce war waged
by the governor upon the railroads
and other investments of the state
during his canvass two years ago one
of his first recommendations as gov
ernor was that the people of Texas
should invest their school fund in the
building of new lines presumably
short lines. This did not fail to strike
the average citizen with wonderment
ut least. If the governor was to be
believed in his canvass the railroads
have been engaged for many years in
the occupation of robbing the people
and it was a matter for special alarm
upon the appearance of his message
that he should recommend the invest-
ment of this sacred fund with robbers.
No one act was better calculated to j
disabuse the public mind of the im- i
presslon made upon it by the canvass
than this single recommendation be-
cause it was Impossible to make peo- 1
pie believe that the governor if he j
(Continued on 7th page.) f
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The Austin Weekly Statesman. (Austin, Tex.), Vol. 20, Ed. 1 Thursday, March 3, 1892, newspaper, March 3, 1892; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth278583/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .