Message of Governor James S. Hogg to the twenty-fourth legislature of Texas Page: 47 of 48
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MESSAGE OF GOVERNOR HOGG.
in this State is, logically, to insist that the way to induce the investment
of capital, and to promote prosperity, is to welcome .monopoly and legalize
trusts-to substitute combination to fetter trade for competition to
give it freedom. Since the enactment of this law no State has prospered
more than Texas. Since then our people have heen vexed very little
with trusts, except from non-resident sources. They will, in time, become
clear of the evil entirely if the law shall continue to be impartially, vigorously
enforced. If there are any trusts now within the State, the officers
of the law are unable to hear of them. As to those of other States,
we have no control, except to use every effort to have their operations
within the State suppressed.
Two years ago indictments were found against members of a trust in
another State, and they were brought to Texas and punished. Since then
they seem to have ceased their operations in the State. Recently the
members of another trust have been indicted. Application was made to
me by the local officers for these criminals, in which the statement was
made that they were "fugitives from justice." On this official representation,
I granted requisitions to the Governors of the States in which
they were domiciled. On ex parte statements of the defendants that they
were not "fugitives from justice," these Executives refused to grant
warrants for their arrest. On notification that one of them had gone into
another State, I sent requisition there for him. This was honored, but
subsequently the warrant was revoked, as stated by the Governor, for
the reason that the defendant ( protests that he was never in Texas and
has never done any business in that State." When the papers reached
me, they were regular, and officially stated that these criminals were
'fugitives from justice." I so forwarded them to the several Governors,
and thus discharged my official duty. As to whether these men are
' fugitives from justice" is a mixed question of fact and law. The papers
being regular before these Executives, it occurred to me that this,
the main question involved in each case, could have been appropriately
left to the courts to settle. This was not done. So, there is nothing
more at the present that the Texas authorities can do, but to enjoy the
consolation that this class of criminal offenders go to other States for an
asylum and protection.
Your honorable bodies can perform no more valuable service to the
people than to appropriate sufficient public funds by which the Governor
may in all respects have this anti-trust law fully enforced.
Legal science, political philosophy, and experience teach us that the
greatest imperfections of human government can be traced to the failure
to impartially and faithfully enforce the laws. Completeness of the
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Hogg, J.S. (James S.). Message of Governor James S. Hogg to the twenty-fourth legislature of Texas, book, 1895; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5862/m1/47/: accessed May 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .