Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-11-29
MIR. NEWLIN'S COMPLAINT.
Judge Mclean of the Commission Sa
He is in Error.

He is in Error.
Special TO the Gazette.
AUSTIN, TEX, Nov. 2S.-Your correspon-
dent called on Judge Mclean of the railroad
commission to-day and asked if he had read
the lengthy published complaint of General
Freight Agent Newlin of the Fort Worth
and Denver railroad. in which he intimated
unfair treatment of both himself and his
road by the commission in the matter of
apportionine lumber rates between his road
and the Houston and Texas Central. The
commissioner replied that ne had read the
letter alluded to, and that Mr.. Newlin was
in error as to some of the facts. Asked for
statement of the case from the commission
standpoint, Judge Mclean replied:
The first information the commission rel
ceiyed OF the disagreement between the
Houston and Texas Central and the Fort
Worth and Denver City railways was a
telegram from General Freight Agent New
lin of date November +. The commission
replied by letter on the 9TH advising HIM
that if he desired the intervention of the
commission to fix a division of freight
charges between the disagreeing roads, and
would name day for a hearing, we would
NOTIFY the Houston and Texas Central
freight agent so that both might be present.
On the eth instant Mr.. Newlin replied in
substance that as the Houston and Texas
Central was the aggressor he preferred
that the demand for Intervention by the
commission should come from that road.
From this letter we understood that pend
ing the controversy between the roads,
freight would continue to move, and the
question of the respective shares OF the
freight charges would be adjusted in ac-
cordance with the basis of settlement when
one should be arrived at between the dis
putants themselves. or fixed by the COM
mission. We did not suppose that lumber
would be stopped in transit to await settler
ment of the disagreement, and consequently
we saw no reason for our Immediate action,
preferring that the roads should come to an
agreement However, we began to receive
complaints from shippers some days after
wards that cars loaded with lumber des-
tined TO points on the Fort Worth aud Den
yer City We're being stopped at Fort Worth
and being held there because of the dispute
between the Houston and Texas Central
and Fort Worth and Denver City railroads.
This unexpected and illegal detention of
loaded cars called tor prompt and decisive
action on the part of the commission, and
we at once took up the subject, and after a
careful investigation arrived at what we
thought. and still think, a fair and equit-
able adjustment of the respective rights OF
the roads. The rights of shippers and CON-
signees demanded prompt action under the
circumstances.
MIR. Newlin is in error when he states
or intimates that Mr.. Ripley or any other
representative of the Houston and Texas
Central, appeared in person before the COM
mission to present that roads side OF the
case. We had no argument or other pre-
sentation of the subject from either road,
except the written and telegraphed commu/
nications from MIR. Ripley and Mr.. Newlif.
Mr.. Ripley was before the commission on
the 18th, but did not bring up the subject of
the disagreement between the roads. ex.
cept to inquire when we would probably .
fix the division, and also to remark that he
HAD wired Mr.. Newlin that he would be be-
fore the commission on the date named
1T did not and does not now appear that
it would be important to the interests of
either road to have arguments made IN or
der TO assist US in arriving at just conclu-
sion. The joint through rates had been
fixed by the commission in the lumber tariff
and amendments, and the only thing to be
settled was to ascertain the respective
shares of the freight charges for each road.
Ordinarily this question would be deter
mined by the distances of their respective
hauls. We however did not fix the divfs-
ion exactly on this basis. We gave
the Fort Worth and Denver City
some advantage in this respect,
and the Houston and Texas Central
is protesting against circular No IS as en-
ergsticaily IS IS the other road. Mr.. Rip