Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-12-16
Chief Points i'm the Bill of the T.. T. w.
Il q. Railroad (OInnanX.

The company, in its bill upon which
Judge Baxter's restraining order was issued, first
''the said company shall have the exclusive right
of transportation or conveyance of persons
goods, produce and merchandise over the said
railroad by them to be constructed, provided that
the charge of transportation conveyance shall
not exceed thirty-fve cents per hundred pounds
on heavy articles, and ten cents per cubic foot on
articles of measurement for every hundred miles,
and FIVE cents mile for every passenger; and,
provided also, that said company may, when they
see fit, farm out their rights of transportation
said road, subject to the rates above mentioned.
The road claims that in this charter the State
of Tennessee contracted that in consideration for
exclusive right of transportation or conveyance of
persons and property thercupOn, aud the right to
regulate its own charges for such transportation
or conveyance within the maximum rate fixed in
This right, the bill sets forth, was never ques-
toned till the passage of the act of March % 1855
The road claims that the exercise OF the reserved
right under which the Legislature passed the
commission bill to regulate the rates or
charges: Is. in effect TO violate the con,
tract for the exclusive use of tho road
by producing the same prices for carriage that
competition would produce if il were possible for
everybody to use the road in common public
highway. The bill further sets forth that should
the Railroad Commission execute its proposed ac-
ton OF revising the tariffs of the road of the
tors, it would subject the road to innumerablc
suits i'll all ofthe seventeen counties thrOughwhich
the road runs in which by the act creating theCom
mission any charge in excess of those named by
the Commission would be taken as priH'd fncic
1t is further charged that the commission act,
and the threatened action of the Railroad Com
mission therein and thereby directed, is and will
lnitod States, as expressed in article l, section
10, of that instrument. for the that it vio-
lateS the obligation of the contract between the
raliroad ana the state OF Tennessee expressed in
its charter, by taking from the former the right 70
maximum fixed by lis charter, and by giving the
power and agthorlty.to to regulate and control the
road Commission provided for in said act
The road on the above grounds prays that the
defendants may be compelled TO answer each and
court may grant it restraining order OF injunc-
tion against the defendants, restraining them
the act Of March ~ 5 amd Gu paq From
revising the tariffs of charges in force the
road of orators for the transportation Of persons
goods, produce and merchandise, or any article
now carried by it, and also from insttuting
any suit or causing the same to be insti
lation of said act, or otherwise interfer-
ing Thy virtue of the authority conferred or
attempted to be conferred by said act) with the
vested rights of the road contained in its said
charter until the further order of the said court
that the road may have a writ of subpm against
the said defendants, John Ii. Savage, q. W. Cor
don and j. a: Turley, and decree against them
on the final hearing perpetually enjOining them
o, the authority of said act of March %, 1858.
The bill Of complaint and prayer for the re-
stralnlng order were sworn to by Henry Fink,
vice -presi ident of the road, before A. r. Humes,
clerk of the United States Circuit Courtat Knox
ville on HGcombeT Sth,
JUDGE BAATER'S RESTRAINING ORDER.
Following is a copy of Judge Baxter's
restraining order, which is the same in the
case OF each of the roads:
| To the Clerk of the Circuit Court of the United
States for the Middle District of Tennessee:
Notify the defendants that the motion prayed
for in the foregoing bill will be heard at Nash
! Vile, Tenn, on January IL, 1881, at 10 o'clock
am; or as soon thereafter it can be heard, and
! issue an order restraining the defendants, as
prayed for in the foregoing bill, and along with
| said order n copy of the bill, said restraining
order to remain in force until said motion for an
injunction can be heard and acted upon.
Given under my hand at Columbus O., this
! 18th day of December, 1888.
| JOHN BANTER,
United States Circuit Court Judge, etc.
OF course this action fqrestalls the ac-
| ton OF the Commission in revising the
tariffs of these roads until the question
shall have been disposed of in the United
States Court, January llth. The bill OF
the Louisville and Nashville railroad was
filed by Ed Baxter, attorney, and that OF
| the East Tennessee, Virginia and Georgia
| bv VIM. Baxter, attorney.