Railroad Commission of Texas, Rail Division:

An Inventory of Incoming Correspondence at the Texas State Archives, 1872-1955 (bulk 1891-[early 1920s])

Agency History

The Railroad Commission of Texas had its origin in the demands of the shipping public in the late 1880s which insisted that railroads be subject to regulation based on public interest. An advocate for governmental regulation, Attorney General James Stephen Hogg ran for Governor in 1890 with the issue of railroad regulation as the focal point of the campaign. Hogg was elected Governor in the general election and the voters also approved an amendment to Article X, Section 2 of the Texas Constitution that empowered the Legislature to enact statutes creating regulatory agencies. These elections paved the way for the Legislature to enact on April 3, 1891 "An Act to Establish a Railroad Commission of the State of Texas," that later was placed in the Texas Revised Civil Statutes under article 6444 et seq. (House Bills 1, 3, and 58, 22nd Legislature, Regular Session).

The Commission originally consisted of three members appointed by the Governor for three-year terms. Governor Hogg appointed the first three Commissioners in 1891, including John H. Reagan, who resigned as U.S. Senator from Texas to serve as the first Chairman. The Texas Constitution, Article XIX, Section 30 was amended in 1894 to provide for elective six-year overlapping terms for the Commissioners. That same year John H. Reagan was elected and served until his retirement in 1903.

The Texas Railroad Commission was the first regulatory agency created in the State of Texas and originally had jurisdiction over the rates and operations of railroads, terminals, wharves and express companies. The legal focus was on intrastate passenger and freight activities. Interstate jurisdiction fell under the U.S. Interstate Commerce Commission. For the first twenty-five years of its existence, the Railroad Commission was largely concerned with regulating railroads, setting rates, receiving complaints, and making investigations. As other controversies arose where the Legislature deemed that the public interest could best be served by regulation, additional duties were assigned to the Railroad Commission.

The Railroad Commission's authority was broadened beginning in 1917 with the passage of the Pipeline Petroleum Law, Senate Bill 68, 35th Legislature, Regular Session, that declared pipelines to be common carriers like railroads and placed them under the Commission's jurisdiction. This was the first act to designate the Railroad Commission as the agency to administer conservation laws relating to oil and gas.

The Commission's authority over railroads diminished over the latter half of the twentieth century. The Federal Railroad Safety Act of 1970 vested rail safety responsibilities in the Federal Railroad Administration. In 1980, the Federal Staggers Rail Act largely eliminated the Commission's responsibility for setting rates for intrastate railroads. By 1984, the Commission ceased its role in the economic regulation of the Texas rail industry. Regulatory powers over rail safety were granted in 1985 when the 69th Legislature authorized the Commission to implement a rail safety program in conjunction with the Federal Railroad Administration Act of 1970 (Senate Bill 444, 69th Legislature, Regular Session).

Railroad regulation was initially overseen by the Main Office, later the Main and Transportation Division, then the Transportation Division. The division charged with rail responsibilities today is the Rail Division. This division is responsible for checking equipment and track, railroad and signal operations, and hazardous material handling; conducting investigations of accidents and complaints concerning railroads; and securing federal funds to improve branch lines and preserve rail service to rural areas. The Division enforces rules aimed at removing obstructions on railroad rights-of-way and operates a crossing safety education program. There are two main sections in this division - Rail Safety and Rail Planning.

In 1999, the agency had approximately 848 FTE (full-time equivalent) employees. Legal authority for the Railroad Commission is the Texas Constitution, Art. X, Sec. 2 and Art. XVI, Sec. 30; and the Natural Resources Code, Chapter 81.

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Scope and Contents of the Records

These records of the Rail Division (formerly the Main Office, then the Mail and Transportation Division and then the Transportation Division) of the Railroad Commission of Texas include incoming letters, telegrams, petitions, newspaper clippings, affidavits, depositions, transcripts of hearings, maps, blueprints, pamphlets, circulars, tariffs, copies of legislative bills, mortgage contracts, and merger agreements. Also present are various printed items such as railroad tickets, free railroad passes, labor union contracts with railroads, railroad passenger tax receipts, and copies of railroad valuation statements. The bulk of the correspondence dates from 1891 until the early 1920s with some materials from 1872 to 1955. The correspondence can be roughly grouped into four categories: general public, business, railroads, and government.

Correspondents from the general public included passengers, farmers, lawyers, labor unions, chambers of commerce, and other citizens who wrote to the Commission on such topics as complaints about passenger facilities and rates, free passes, jobs with the Railroad Commission, requests for racially segregated depots, and petitions for more frequent train service.

Correspondence from businesses was overwhelmingly concerned with freight rates on commodities and with such shipping problems as overcharges, lost cars, demurrage costs for delays or damages, and the classification of commodities. Other business topics included cotton compress regulations, rebates, tariffs, taxation, and weight limits of freight shipments.

The same preponderance of concern over rates was also evident in the correspondence from the railroads and their freight agents. Other correspondence from railroads concern reports filed by railroads to comply with legislation regulations. These include the annual reports and the valuation statements each railroad had to file with the Railroad Commission and the frequent corrections and addenda. More correspondence was generated by the examination of railroad capital stock records by the Railroad Commission, the issuance of railroad stocks and bonds, the costs of construction, and general questions on Railroad Commission policy and form requirements.

The fourth category of correspondents with the Railroad Commission were government officials from the local, state, and federal levels. This included county attorneys, Texas governors and attorney generals, governors and railroad commissioners from other states, Texas representatives and senators on the state and federal levels, and the federal Interstate Commerce Commission.

The overriding concern reflected throughout the incoming correspondence is the subject of rates, both passenger and freight, with the most attention given to freight rates and the costs for the many different commodities. Businesses, farmers, and other shippers complained about high rates and sought relief from the Railroad Commission; railroads defended their rates and asked for increases through the Commission; the Commission held rate hearings, received mail from both sides lobbying their respective positions, then made rulings, issued rate orders, and published tariffs and circulars announcing the new rates.

These records document the reactions of the railroads and railroad users to the policies and actions of the Commission. The incoming correspondence reflects the nature of the Commission's outgoing correspondence, from routine form letters to the predominant subject of rates.

An inventory of the records was conducted to provide a brief description of the contents of each box including the dates and types of materials and a notation of any filing arrangement that may be present.

This finding aid describes one series of the Railroad Commission of Texas records. See Railroad Commission of Texas: An Overview of Records for more records series.

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Restrictions

Restrictions on Access

None.

Restrictions on Use

Researchers are required to wear gloves provided by the Archives when reviewing photographic materials.

Technical Requirements

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item), Incoming correspondence, Rail Division, Records, Railroad Commission of Texas. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1962/218 and unknown

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Railroad Commission of Texas on July 19, 1963 and at other undetermined times.

Processing Information

Inventoried by Archives staff, pre-1980.

Described by Paul B. Beck, September 1986.

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Detailed Description of the Records

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