The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-09-11


amount of $37 900 to the mile thereof
which said Indebtedness IL yet out
standing against it, and it is demand
ing and receiving excessively high
rates on its passenger and freight traf
fic to meet the annual interest there
on.
4. That without authority of law
but in violation of it's said charter; Ii
cense and consent procured as afore
said from the State of Texas, and il
Wllltul violation also of the constitu
ton and laws of this State, the sale
Missouri, Kansas and Texas Railway
company has absorbed, controls, man.
ages, operates and exercises all the
franchises of the following described
lines OF railway in this State, that in
no way connect with the railroad il
constructed in Grayson and Cooke
counties as aforesaid, to-wit:
The Trinity and Sabine railway, a
line OF road constructed under char,
ter granted to a corporation of that
name by the State OF Texas, from the
town of Trinity in Trinity county to
the town OF Ogden in Tyler county
which line of railway in no manner
connects with or runs in the same
general direction OF, but is at least 200
miles from the line of respondents
railway.
The Dallas and Wichita railway,
which was constructed and for long
time operated by the railway COM
pany of that name, chartered for
that purpose under the laws of Texas,
extending from the city of Dallas in
Dallas county to Denton in Denton
county; and in no way connected
with or running in the same general
direction of respondents line.
The Gainesville, Henrietta and
Western railway, line of railway ex-
tending from Gainesville in Cooke
county, through Montague county to
Henrietta in Clay county; which was
constructed and operated by COM
pany chartered by that name and for
that purpose many years after said
respondent had forfeited its right to
extend its road from Gainesville west
ward.
The Dallas and Greenville railway,
line constructed under the laws of
the State of Texas by a corporation
permitted and chartered in that name
and for that purpose from Dallas in
Dallas county through Rockwell
county to the city of Greenville in
Hunt county; and which in no way
connects with or runs in the same gem
e1al direction of said respondents
line.
The Taylor, Bastrop and Houston
railway, which extends from Taylor in
Williamson county to Bastrop in Bas-
trop county, and was constructed by a
company authorized under the laws OF
Texas by that name and for that pur-
pose; and which in no way connects
with or runs i'll the same general direc-
ton of said respondents line.
The Denison & Southwestern, line
of railway extending from DenisOn in
a southwesterly direction through the
counties of Grayson, Fannin, Hunt
and Raines to the town of Mineola in
Wood county, which was constructed
by railway of that name chartered
for that purpose under the laws of the
State of Texas, and which said raj
way line in no way connects with or
runs in the same general direction Of
respondents line.
The East Line & Red River railroad,
narrow guage line, once operated
by corporation chartered by that
name and for that purpose under the
laws of the State of Texas, from JEFF
ferson in Marion county, through the
counties of Morris, Titus, Camp, Wood,
Hopkins, Hunt, and to Mckinney in
Collin county; which said railway line
in no way connects with or runs in the
same general direction of respon DENTS
line.
That neither OF the last mentioned
railways, when taken charge of as
aforesaid by the said Missouri, Kansas
and Texas railway company, owed or
was liable TO an indebtness of more
than $4,000 to the mile. But that
said Missouri, Kansas and Texas rail
way company, in violation OF the laws
of Texas, invested its corporate funds
in the stock of each of the said rail-
way lines, elected their respective di-
rectors from members of its own com
pany, placed its officers in charge OF
each OF those lines of railway and alb
sorbed them, combined them into one
system, and now operates and con-
trolls them in defiance of the constitu-
ton and laws of Texas.
That it has, fctitiously and I'M
lawfully and without any benefit to
the property of said railway companies
or corresponding advantage to the
public, increased and placed upon
each OF said lines bonds to the amount
of 1000 to the mile, and stock to
the amount of $4,000 to the mile,
and mortgaged each of said roads to
secure the amount of bonds so issued
upon each of said roads and the prop
erty belonging thereto. That said
bonds we're not issued for money paid
to, labor done for, or material re-
ceived by the respective roads on
whose property they were fixed as
aforesaid. That for the purpose OF
I'll