Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-04-22
Decision in the District Court in tie
Traffic Association Case--A Per-
patual 10 junction Granted.
The Articles of the Association De-
clared to Be Void-Sir Grattan
Esmonde Speaks at Austin.
New Capitol Brilliantly Lighted with Eiec
tricity-GsologiosI Bill Agreed Upon
DIR. Banta Dead.

AUSTIN, lex, April Zl-JuOSe u. v.
TONNES in the District court this morning
rendered his decision in the case of the
State of Texas vs.. the Texas Traffic AS
socistion, granting perpetual Injunction
agaiust the defendant. The decision Is
quite lengthy and enters fully into the
argument Of ali the questions raised.
The principal grounds, however, upon
which the irj junction WAS gianted are:
l That tbs articles of the association
in%assumipg to themse yes the exclusive
control Of the entire railway traffic OF
Texas have tended to create aimonopoly
sud are therefore void, IS contrary to Sec
ton 26. article l, of the state constitution,
forbidding monopolies.
That the articles of the association give
the officers Of the association exclusive
control of the traffic Affairs of the parallel
and competing lines and sre therefore
void under section 5, article 10, ofithe con
stitution.
The Traffic Association BY their attor-
neys excepted to the ruling OF Judge
Townes and gave notice of sppesl TO the
Supreme court. Judge TONNES fixed the
amount ct the appeal bond at 100000.
The transcript will be sent up to the
higher court without delay and 6 decision
will, 1t is thought, De rendered In the
Supreme court within ten days.
THE JUDGMENT.
Following is copy OF the Judgment
rendered by Judge TONNES: The State
of Texss, plaintiff, vs. the Gulf, Colorado
and Santa Fe Railroad Company, the
Texas and Pacific Railway Com
pany, the Houston and Wester !
Texas Railway Company, the Hous-
ten and Texas Central Railway,
Etbs Texas Central, the st. Louis, Arkarl-
sas and Texas Railway Company, the
Fort Worth and Denver City, the Mis- =
sour. Pacific and j. Waldo, Commissioners
OF the Texas Traffic Association, defend
ants. On the 18Th day of April, 1883, this
cause coming on for hearing upon petit
ton of the plaintiff for an interlocutorY
and perp stual injunction herein, the state
appeared by her Attorney General, j.
Hpgg, and defendants by their respective
cJunsel, when both parties announced
ready for trial, and by written agreement
filed submitted the cause for final deter
minatton upon all questions ct law and
fact to the court, and the court having
heard the p!eadiUgs, evidence snd aggu-
ments Of counsel, lock said cause under
adviseme n : L ntil this, the 2ls; ofApril, 1888,
AWaen the court filed its conclusions OF
Flaw and rendered its judgment for the
plaintiff. 1t is therefore considered and
s6iudged ordered and decreed by the
court that the demurrers and exceptions
of the defendants to the plaintiffs petit.
ton be and the same are hereby over
ruled, to which ruling the defendants tx
cept. tits further considered, ordered,
adjudged and decreed by the court that
the Injunction prayed for in the plaintiff
petition be, and the same is hereby
granted, and the defendants, the Gulf,
Colorado and Santa FEE Railway Company
and others above named operating within
the limits of the state of Texas, one and
each Of them, and j. Waldo, their
officers, agents, servants and ell other
parties, are hereby perpetuslly epjoined
and restrained from carrying out or act
EfHE under the contract, on which the said
EassociatioD, known IS the Texas Traffic
Associa lion, is formed, and the severa
contracts and agreements belonging 60
or connected herewith, and al the con-
tracts, agreements and com biDstions OF ,
imilar matter between said defendants
and each of them, their officers, agents,
servants and all other parties, and from
entering into any other contracts, combi.
nations or agreements OF thst nature, en6
| tro m forming and acting under or in con
nection with any su b combination; and
that each of the railway companies, de
I ndants herein, Is hereby prohibited, en-
Joined and restrained from in any way con
trolling either of the other said railways
or railway corporations, in Texas in any
manner or to any extent whatsoever, AND
it Is further ordered that the defendant:
Day all costs in this behalf for which exec
ution may issue.
DIR. RANrA DEAD.
DIR. j. Q. A. Bants died suddenly at the
residence of his son-in-lsw, Mr.. J. M
Odell, at some hour between 2 ana
O'Clock this morning. At the former houl
his daughter entered the room for the
purpose of consulting him regarding the
treatment OF one of her children who was
i'll. He appeared to be in his usual health
Az the hour of o'clock his room was
fentered to awaken him for breakfast wher
it was found he was dead
DR.. Banta came to Austin from
Indiana about three yesrs ago and
during his residence in our midst has
drawn to himself wide circle of friends
who will hear of his demise with feelings
of genuine sorrow and regret. during
the late war DR.. Bants served ss surgeon
in the Uni5n army and st its close he re.
sumed the practice and followed it to his
death. He was subisct to. attacks OF
iSHeart disease, the final one terminating IL
7 his quiet and peaceful death.
| TRANSACTED NO BUSINESS.
| ha ~ Ia ar
journed without transsctiDg any business
Today, being alegsl holiday.
THE CAPITOL ILLUMINATED.
The new cspitol was brilliantly illumin'
ated with electric lights Tonight, iDclud-
ing the pinnacle OF the dome, which latter
IgEt wss visible twenty miles. The in
terror under the full blaze of the whit
light appeared magnificent beyond all ex
pectation. About 10000 people. ladies,
citizens, Legislators, strangers and others
appeared in the vast Alsddin-like halls
The illumination closed st IL O'Clock.
EsMoNDE AT AUSTIN.
Sir Grattan Esmonde spoke here to-
night. Governor Ross in q neat speech
introduced the distinguished foreigner.
The Governor said that it gave him pless-
ure to introduce Sir Grat,ap, who held
the attention of his audience to the close
Of the address.
A GEOLOGICAL BILL.
The subcommittee OF the committee on
lands and land o11ce to-dsy agreed upon
geological bill which will be reported
to Z full committee on Monday. It pro-