The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-08-31
THE KATY GETS THERE.
SHE CAN 60 INTO GALVESTON OVER
THE HENDERSON ROAD.
But the International Can Run Over the
Same Track, and the Two Roads Must
Dwell Together In Peace and
Harmony.

GALVESTON, Aug. 2s.-The injunc-
ton litigation between the Missouri,
Kansas and Texas and International
and Great Northern railways for the
control of the Galveston, Houston and
Henderson railway between this city
and Houston, which has been pending
before Judge Stewart in the state
district court for over a fortnight.
reached a termination this evening. AS
the case is one of general interest the
decision of Judge Stewart, delivered
orally, lis here given in full. He said:
II take pleasure in saying that the
arguments of counsel on both sides
have been thorough and able and the
actions of all towards each other and
the court have been courteous and
pleasant, and while the case occupied
a great deal of time it was not without
interest. The questions presented
have been about matters OF consider
able interest.
On the discussion OF the prelimina-
ry question, the view take OF 1t was
| that the state in 1891 seemed to be
anxious to have the Kansas company
domesticated in Texas, and passed an
act for that purpose, and the incorpo
ration took place under the supervi-
sion of the state, and / think there is
no doubt that the corporation is as
valid as any other corporation.
Whether legal or illegal, the charter
having been issued cannot be at
| tackled.
The other question In relation to the
contract not having been approved by
the commission, l think there was a
very good reason why the commission
declined to act on the contract either
one way or the other. Ips the first
place the commission is enjoined by
proceedings in the federal court in re-
iation to one railway, and | think
that was one reason why they desist-
ed from expressing an opinion.
Another reason, they Iknew a suit
was pending, hence the question oi
the validity of the lease was involved,
and they left that to the court.
don't think that the construction
should be placed on the law where
officers decline to act that the parties
get any rights by reason of the failure
to act. In some cases 1t was held
where officers refused to file petitions
such parties who attempted to filt
them were treated as though they ha(
been fled, so that the commission no
acting on the contract has nothing Il
do with the rights of the contract.
1t is claimed that preliminary in.
junction ought not to be granted unit
the whole matter should gorover the
term time, but | think the parties
have rights on both sides and from the
examination of laws that all railroads
are public carriers and public high
ways and as we have no rivers to use
the railway is a public highway
Being a public highway 1t is required
to accommodate roads that wish tc
have their cars, freight and trains
hauled over the line, and while 1t has
duties to the public it cannot dispose
of these duties by leasing or selling
out it's franchises unless by
special authority, which doe
not exist in this case, ant
without this no railroad can absolv,
itself from public use without tn,
authority of the state. 1t cannot del
egate another road to perform thes,
duties. Therefore, without passing tt
the question OF the validity or invalid
ity of the lease, the Galveston, Houston
and Henderson is not exhonerated from
hauling the Missouri, Kansas and Texa
trains, or any other connecting lines
The International and Great Northern
have, however, been running peace
fully its cars over the road. pulling 1t
trains with its own engines. 1t ha
been admitted that there is room TO
i, two roads, so some way must be ar
ranged for two roads to ru
over it. Some road has got to
given authority to make the tim
: tables and have train dispatched
All the roads cannot run ad libitum
Therefore the Galveston, Housto
and Henderson must perform it's con
tract with the Missouri, Kansas an
}; ing power 80 that the trains may nc
e come in collision. 1 will not interfer
e with the running OF the Internationf
and Great Northern in this prelimi
nary Injunction in the use OF the
e not give any authority to intefere wiz
| Jl6 lJTcocuu biulc ldOlco vi tuO lhDcl bt
: tional and Great Northern. will giy
II the Galveston, Houston an
= Henderson the supervising powt
: over the trains of til
Missouri, Kansas and Tex
g and International and Great Northern
II which go over the rad so that thel
e will be no collision or obstruction.
will decline to grant the injunctio
e as prayed for. II the Missouri, Kal
I' sas and Texas has not prepared i
J. timetable in a certain number of day
,; to be decided upon later, and II Il
d International and Great Northern is
e any way interfered with in running
,r trains and the Missouri, Kansas al
u u Texas will have the right to constru