The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-08-17
THE RAILROADS IN COURT
THE KATY AND INTERNATIONAL AN.
NoUECE READY FOR TRIAL.
At the Outset the International Intsrposss
Objections and Demands Decisions on
Each Issue Brought Up-Ths
Trial VIII Last Week.
Special to The Statesman.

special 10 The statesman.
GALVESTON, Aug. 14.-The applica-
tion of the Missouri, Kansas and Tex
as for perpetual injunction restrain
ing the International and Great
Northern from interfering with the
running of the trains of the Missouri,
Kansas and Texas over the Galveston,
Houston and Henderson into Calves
ton, came up before Judge Stewart in
the state district court this morn
ing. Both sides announced readi-
ness. Judge Stewart said that he
would hear the reading of the
original petition. After, the petition
and contract between the Missouri,
Kansas and Texas and the Galveston,
Houston and Henderson was read,
Attorney Armstrong, their attorney,
read the, answer of the Galveston,
Houston and Henderson to the plain
tiff's petition, wherein is admitted all
the allegations of the plaintiff as CO.
defendant with the International and
Great Northerp and stated that the
Galveston, Houston and Henderson
Is ready and willing to perform its
duty as required by the charter and
the laws of the state.
The answer of the International and
Great Northern to the original petition
was then read. Mr., Ballinger, after
reading the same, said he would read
the entire answer before the argument
is made regarding the abatement and
dismissal of the case on the ground
that the Missouri, Kansas and Texas
is not legally incorporated company
and its contract with the Galveston,
Houston and Henderson has not been
approved by the state railroad COM
missioners. ~
Mr.. Hagerman of counsel of the Mis-
souri,, Kansas and Texas, rejoined:
I'VE shall insist upon full hearing of
the case altogether"
The second supplemental petition Of
the Missouri, Kansas and Texas and
general denial of the allegations set
forth in the answer of the Internation-
al and Great Northern to the original
petition was then read.
Mr.. Lovett of counsel for the Mis-
souri,, Kansas and Texas, stated that
as to the question of the legality of
the Incorporation of the Missouri.
Kansas and Texas, they did not pro.
pose to go into the argument of the
case by piecemeal but as an entirety.
Mr.. Pierce of the International and
Great Northern rejoined by stating
that there were many points of law on
the threshold of the case that could be
decided as we'll as several points re-
garding the abatement of the injunc-
ton, without arguing the entire case.
This was combatted by Mr.. Hagerman
who held the whole question in the
case was the validity Of the lease Of
the International and Great Northern
with the Galveston, Houston and Hen
derson. Mr.. Ballinger objected and
held that the International and Great
Northern were entitled by the statutes
to argument and decisions on different
points of law as the case proceeds as
they had asked for an abatement and
held that they were entitled to a de-
cision on that question as they had
made sworn denial of the validity of
the Missouri, Kansas and Texas con-
tract on account of it not being le-
gally incorporated company. This
view OF the case was sustained by Mr..
Duncan, who stated that the Missouri,
Kansas and Texas seemed to think
that the International and Great
Northern's lease was the only question
at issue.
The court held that it would con-
sumo as much time to argue and set
tie these various questions of law as
it would the whole case. He said he
had no objections to hearing the argu-
ments by piecemeal. Hence the entire
day was consumed in arguing the va
rious points of law involved by oppos-
ing counsel and the case will undoubt-
edly consume the entire week