The Texas Railroad Commission: Understanding Regulation In America To The Mid-Twentieth CenturyBefore OPEC took center stage, one state agency in Texas was widely believed to set oil prices for the world. The Texas Railroad Commission (TRC) evolved from its founding in 1891 to a multi-divisional regulatory commission that oversaw not only railroads but also a number of other industries central to the modern American economy: petroleum production, natural gas utilities, and motor carriers (buses and trucks). William R. Childs's unprecedented study of the TRC from its founding until the mid-twentieth century extends our knowledge of commission-style regulation. It focuses on the interplay between business and regulators, between state and national regulatory commissions, and among the three branches of government through a process of "pragmatic federalism." Drawing on extensive primary research, Childs demonstrates that the alleged power of regulatory commissions has been more constrained than most observers have recognized. As he shows, the myth of power was devised by the agency itself as part of building a civil religion of Texas oil. Together, the myth and the civil religion enabled the TRC to convince Texas oil operators to follow production controls and thus stabilized the American oil industry by the 1940s. The result of this fascinating study is a more nuanced understanding of federalism and of regulation, the forces shaping it, and its outcomes. |
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Page 4
... natural - gas pipelines , buses , and trucks ) , the similarities to railroading logically led the commissioners to extend existing reg- ulatory principles to the new industries . The economic structures of oil and nat- ural - gas ...
... natural - gas pipelines , buses , and trucks ) , the similarities to railroading logically led the commissioners to extend existing reg- ulatory principles to the new industries . The economic structures of oil and nat- ural - gas ...
Page 6
... natural - gas production ) .11 In the case of petroleum conservation , however , pragmatic federalism in regu- lation produced a distinctive outcome . Here the states , again in a defensive mode , successfully excluded the national ...
... natural - gas production ) .11 In the case of petroleum conservation , however , pragmatic federalism in regu- lation produced a distinctive outcome . Here the states , again in a defensive mode , successfully excluded the national ...
Page 9
... natural gas enahled Texans to diverge from their Southern cousins in matters economic , political , and cultural in the 1920s and 1930s . Especially after World War I , Texans saw themselves less as Southerners and more as Americans and ...
... natural gas enahled Texans to diverge from their Southern cousins in matters economic , political , and cultural in the 1920s and 1930s . Especially after World War I , Texans saw themselves less as Southerners and more as Americans and ...
Page 10
... natural gas ( along with other industries such as telecommunications and airlines ) , state and national regulators pragmatically shaped a power - sharing approach to regulating the new industries . Chapter 5 shows how the progres- sive ...
... natural gas ( along with other industries such as telecommunications and airlines ) , state and national regulators pragmatically shaped a power - sharing approach to regulating the new industries . Chapter 5 shows how the progres- sive ...
Page 13
... natural gas ) and new transport industries ( trucks and buses ) as well as to solidify controls over previously regulated banking and insurance enterprises.6 The proliferation of railway and public - utility commissions between the ...
... natural gas ) and new transport industries ( trucks and buses ) as well as to solidify controls over previously regulated banking and insurance enterprises.6 The proliferation of railway and public - utility commissions between the ...
Contents
11 | |
15 | |
41 | |
68 | |
Continuity to Conflict to Cooperation 19031920 | 104 |
Transformation Pragmatic Expansion of Regulation into Postwar America | 143 |
Regulation as Conservation Dual Management in the Oil Fields | 147 |
A Changing Agency Culture and Two New Industries to Regulate | 170 |
Variation on Pragmatic Federalism East Texas Economics and Culture | 199 |
Transformation Complete Limitations Exposed The Regulatory State in the 1940s and Beyond | 229 |
Understanding Regulation in America to the Midtwentieth Century | 256 |
Notes | 265 |
Index | 317 |
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actions activity administrative agency American Annual appeared approach attempts Austin authority became believed bill carriers century changes chap commerce commissioners companies competition Congress conservation construction continued cooperative Court culture decision Division early East Texas economic effective efforts emerged established experience fact farmers federal field firms folder forces Governor held History Hogg important included increased industry interests issues John July June late legislature major meetings NARUC natural gas Oil and Gas operators petroleum political pragmatic Press prevent problems production progressive promote proration quotation rail Railroad Commission railways rates RCTLP Reagan records regulation regulatory Report responses resulted rules Sept served shippers South staff state's Texans Thompson tion transportation TRC's trucks United University utilities wallet
Popular passages
Page 31 - Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 34 - It cannot be too strongly insisted upon, that the right of continuous transportation from one end of the country to the other is essential in modern times to that freedom of commerce from the restraints which the States might choose to impose upon it, that the commerce clause was intended to secure.
Page 77 - A reasonable rate is one that will make just and fair return to the carrier when it is charged to all who are to pay it without unjust discrimination against any, and when the revenue it produces is subject to no improper reductions. No carrier has any ground for just complaint if its published rates are reduced by the public authorities to the standard of the average it accepts, when by direct violation of law, or by devices that are intended to evade its provisions, the published rates are departed...
Page 267 - Daniel Bell, The Cultural Contradictions of Capitalism. New York: Basic Books, 1976, p.
Page 31 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect...
Page 65 - ... corporation in Oklahoma, the amount of money expended to procure the right of way, and the amount of money it would require to reconstruct the roadbed, track, depots, and transportation facilities, and to replace all the physical properties belonging to the railroad...
Page 127 - ... result of misconception both of law and of fact. The Congress is able completely to regulate interstate transportation without the exercise of any control over transportation which lies wholly within a state; so, also, is this Commission, by the proper exercise of the powers which have been conferred. If the alleged preferential intrastate rates are reasonable, and if the transportation conditions from the interstate...
Page 32 - Constitution, and have misunderstood the interpretation it has received, it is not thus limited in its scope, and thus impotent for good. It has a much more extended operation than either court, State, or Federal has given to it. The provision, it is to be observed, places property under the same protection as life and liberty. Except by due process of law, no State can deprive any person of either.
Page 307 - The Interstate Compact to Conserve Oil and Gas : an Experiment in Cooperative State Production Control (Mississippi Law Journal, March-May 1946, pp.