The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-03-16

MT. Ndlle'S testimony Is very long
but will be published in full to-
morrow:
EXECUTIVE OFFICE, /
AUSTIN, Tex, March 8, 1893.
Gentlemen of the Senate and House of RepIesen.
tatives
Herewith L hand to each of your
honorable bodies copy of the deposit
tions of Mr.. Joseph Male of Austin
given under oath in answer to inter-
rogatories propounded to him as a
witness n five cases in the United
States circuit court at Austin, one of
which is styled 1.-THE Metropolitan
Trust Company, Trustee, Complaint
ants, vs.. The Houston and Texas Cen
trail Railway Company and John H
Reagan ct al, Defendants" The
cases in which this testimony has
been taken are those wherein the fed
eral circuit judge granted an injunc.
ton the 22d day of last August
against the Texas railroad commits.
sion. Aside from the constitutional
question presented by the complaint.
was raised, and the injunction
SIdul0u vi UIlo SIOuuu UudU UuO Tdl6S
fixed by the commission were SO low
as to diminish the earnings of the
railroads below the amount necessary
to defray operating expenses and 10
pay the interest on their bonds, for
which alleged reason they were con-
fiscatory of the railway property, and
in that respect violative of the United
States constitution. The testimony
in the cases was taken on this issue
Had it shed light on the reasonable
ness of the commission rates only,
then no public mention of it by the
executive would be appropriate. But
it goes further; it reflects upon the
highest officials of one of the most
important public highways in the
state, and in the reflection it does not
fail to expose to public gaze the mod
ern methods of railway management
under supervision of federal courts.
For this reason, added TO the right
of the public to have the pub.
lie high ways operated for the public
good instead of for public plumber,
this testimony is laid before your
honorable bodies.
Among other pertinent facts estab-
lished by it the following points are
made prominent, and
DESERVE SPECIAL ATTENTION:
First--That since 1885, 25 per cent
of the compress charges collected by
the Houston and Texas Central rail
way from the cotton producers has
gone corruptly into the private purses
of its receiver and managing officials,
and not into the railway treasury.
SecOnd-1hat these officials have
not been operating that property for
the public good, with due regard to
the interests of those who have capt.
ual invested it it; but have used it to
opp ass the citizen, to eXtort unreas-
enable tolls from the public and to
build up private fortunes by criminal
methods.
Third-That the receiver and man.
aging officials engaged in this COR
ruption hold their positions under and
by virtue of the authority of the fed
eral courts.
Fourth-That of these crimes due
notice was given months ago to the
federal judges in control of the prop
erty 80 held in trust, and they have
failed to have the criminals prose-
cuted, brought to an account, or to
protect the public from the misuse and
wilful abuse of the corporate fran
chises granted to the railway COM
pany by the state government.
Fifth-That this great public thor
oughtare has been operated by by the
federal courts for about eight years to
the detriment of public interests.
The testimony is clear, unequivocal
fhnnnh r,t1itn unlnn1 fN1npita
full consideration in detail by reason
of its public Importance. All along
the line, though not needing it, dncu-
meutary evidence to fully corrob-
crate the witness, is used by
him. The proof shows beyond doubt
that before the railroad property was
put in to the hands of the federal court,
SOC bale was imposed on the pro-
Queer for compressing; and no cOnces.
sions, ribntes or bonuses were asked
or exacted by or paid to the railway
officers for furnishing the cotton TO the
congresses. That soon after the rail-
way property was taken charge of by
the federal court and placed in the
hands of o receiver, these same COM
presses were compelled to charge, not
only the SOC bale for railway pur-
poses, but were coerced into the pay
ment of an additional 15c bale for the
private pockets of the receiver and
general freight agent under him. That
this increase in price for COMPRISING
was forced upo = the owner of the COM
press by the demand of the said feder-
al court agents under their threat to
destroy private property by misuse
and abuse of the corporate franchises.
That to save his property from confis-
cation by these federal court officers,
this citizen was compelled to sell one
halt interest in his compress at price
less than half it's value, arbitrarily
fixed by themselves. That by these
federal officers, private shippers of
cotton were peremptorily refused the
privilege of having their cotton com
pressed where they chose, but were
forced to give it to the compress NAM
ed by said officials That to have the
cotton compressed where these off
cials desired, they forced it to points
away from its nearest route, entailing
an extra haul on the road often hun
bred miles, compelling the shipper to
paw the extra expense of the unneces-
sary service. That as soon as the rail-