Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-08-29
KATY GETS THERE.
HER TRAINS WILL RUN IN THE
CITY OF GALVESTON
Over the Tracks of the G. II. ~ H.,
But the I. y c. N. WIN Continue as
at Prescnt-The Order of the Court.

GALVESTON, Tex, August 2s-Cspe-
ciai.l-The injunction litigation between
the Missouri. Kansas and rszas aud the
International aud Great Northern railways
for the control Of the Galveston. Houston
and Henderson railway between this city
and Houston, which has been pending be-
fore Judge stewart In the state district
court for over fortnight, reached a teriui
nation this evening
AS the case Is one of general interest
the decision OF Judge Stewart delivered
orally IS here given III full
He said: ~ take pleasure IN saying that
the arguments OF the counsel on both Sides
have been thorough and able and the ne
ti0ns OF all towards each other, aud the
court has been courteous and pleasant anu
while the cnsc occupied great deal OF
time was not without Interest. This uucs-
uona presented have been about matters
n cansidcrame ln,,eFSs, On hs
view tnisc OF II was tlint The slaie ~ 1871
seemed TO be anxious 10 have the Kansas
company domesucnteh IN IeNps ana mssed
an Act for that purpose and the lncorporn-
tlOn took place under the supervision %
the state. aud | thiuk there Is no doubt
that the corporation 4 ~ yahd as any
uiher corporation, whether legal or Illegal.
The charter having been Issued cannot be
attacked. ThJ other question In relation
TO the contract not having been approved
Vas a very good reason why the comnis,
slon declined TO act on the contract either
QUE way or the other IN the first place
the commission IS enjolnod ~ proceedings
In the Federal court In relation 10 one
railway ANA / think that was one reason
ION. Another reason, they knew suit was
pending hero aud the question Of the va
hdity o. the lease would be involved anu
they ieft mt TO tho court. don't mink
ihat ihe confederation should be placed OH
the law where officers de9ine TO act that
the parties get any fshes hy reason OF
held where officers refused to lille petitions
such parties who attempted TO Me them
were treaied ~ though they had been
on tho contract has nothing to do with the
rights Of tho contract IL IL claimed that
preliminary Injunction ought not 20 he
-. ,,',, s.r,n tinf. nui ihtrH tRc
parties have rights on both sldes and from
an examinallon az me iSM had thai NJ
highways, aud as we have no rivers 70
it.r ag -ai way is public hiehwas Re
aeeat,itnainte roads that wish to have their
esrs freight aud trains hauled over the
line, aud while Il has duties 10 the public
or .eiiin. out lis franchise uuless BY gpa-
rlai authority which does NOT exist In
ills case ard without this no ruilroad can
enihoritv az mo sfatc. Il cannot delegate
anolher road 70 perform these dulles.
* he validity OF inyalidi'y Of the leasc,
The g. i asa y Il n fa sson ssS from
irains or any other connecting lines The
l. ana q NJ has. however, been running
nraHaS,lir IN cars over the road, puiling
n trsins with their own engines. NJ nus
Neon adnltitl that thrrc Is room Tor two
roads. So some way must be arAngcd for
two roads TO run gHet ~. some road has
gnt "a ~ given authority 70 make Tie lime
fsRles and have train Dispatcher XII
Inc roads cannot run "a nblthsn. There
rsnfraet win the NJ. X. and t., but must
hnvs so,ne sulorvlFing nower, 20 that the
tralls may not come ~ eoluslon. ] VIII
AMI y In this preliminary iniunction'
ia fhn ,,.,e Of their own motive power, and
~, NS,,rt Nh mot give any unfhorltv III
interfere with the present time tables OF