The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-08-02
THE COMMISSION CASES.
THE FINAL DECREE ENTERED IN ALI
~ FIVE YESTERDAY
In the Federal Court The Full Text Of
or Case and Counter Bill-Order
Issued by Jundgs Maxey.

ft The federal court yesterday entered
the final DEGREES in the five railroad
commission cases, and the full text OF
the five cases is as follows:
In the circuit court of the United States, fifth
circuit Western district of Texas. III equity
No. 1877. Original bill. The Farmers Loan
and Trust company, trustee, complainants VS..
the International and Great Northern Rail-
road company and John A. Reagan ct al, de-
PENDANTS.
Cross BILL-The International and Great
Northern Railroad company, comp ainants,
VS.. the Farmers Loan and Trust company,
trustee and John H. Reagan ct al, defend.
ants,
The cause came on this day for fur
,ther proceedings in accordance with
q the mandate of the supreme court
Werein. Present: All the parties by
their solicitors, whereupon and on
consideration whereof, and in accord
ance with said mandate, the final de-
cree herein entered March %, 1898, is
hereby modified and amended so that
the same shall read as follows, towit:
This cause having been set down
for final hearing on the pleadings and
evidence, and being called for hearing
thereon, the defendants, John h. Rea-
gan, William 2. Mclean, l.. l.. Foster
and Charles A. Culbersol presented
their motion, on file herein, for leave
4 to withdraw their answers and file
demurrers, which motion was grant
ed, conditioned upon the said defend-
\ ants paying all costs of taking depo,
! sition and evidence, herein against
them to be taxed, and for which exc
\ cution may issue, and on condition
|t,that the complainant and cross com-
inant have leave to amend before
~ filing of the demurrers OF said de-
ants, which leave was granted,
- whereupon said amendments
4 re filed, and the demuGrers OF
the said defendants were filed to the
original bill of complaint and cross
bill in this cause, as also 10 all
amendments thereto, and were, Dy all
parties, forthwith submitted; ana
thereupon, in consideration thereoi,
it was ordered, adjudged and decreed
that said demurrers be, ana Ine saune
are hereby overruled; aud the delend-
ants, John II. Reagan, William +.
Mclean, L, l.. Foster ana Charles a;
Culberson. having entered of record
their refusal to make turthef answer,
and the fact that they stood upon
their demurrers, and all partles SUD
uniting tho cause for final decree, 1t
is now, upon consideration thereol,
ordered, aGjudged and decreed, that
the hill of complaint as
amended, and the cross bill
nj complaint as amended in the
above entitled cause, be, and the same
are hereby sustained and taken for
confessed. And the said cause COM
Dg on further to be heard Upon the
Dill of complaint herein as amended,
\ 10 nf the 6afpnnAnE
railroad company thereto contesslng
the same, it is further ordered, ad-
Judged and decreed as follows, to wit:
First-That the iDjunctions hereto
fore issued in this cause be, and the
same are hereby made perpetual to
the extent hereafter provided, and &C.
oordingly; ~
SecoDd-That defendant, the Inter-
natioY II and Great Northern Railroad
,qompEny, be, and it is hereby per-
~rSetusIly epjoined. restrained and pro-
Inhibited from putting on and continu~
= ing in effect, the rates, tariffs, circu-
lars or orders of the railroad commits
sion of Texas, or either or any OF them,
as described in the bill Of complaint
herin, and in exhibit G thereto, and
herewith filed, and from charging
or continuing to charge the rates
specified in said tariffs, circulars or
orders, or either of them.
Third-It is further ordered, ad-
indped and decreed that the defend
ants, the Railroad Commission OF
lrcxas. and the defendants John ii.
9,sagan, VIM. 2. Mclean and Il. u.
Foster, acting as the railroad commits
sion of Texas, and their successors In
office. and the defendant Charles A.
Culberson, acting as attorney genera,
of the state of Texas, and his SUGGEST
sors in office, be, and they are hereby
perpetually eni )ined, restrained ana
prohibited from instituting or author
izing or directing any suit or suits,
action or actions against the defend
ant railroad company for the recov-
ery OF any penalties prescribed by
any act of the legislature of the state
of Texas, for the failure, neglect, or
relusal of said defendant railroad
popany to observe and obey, or Tor
violating or disregarding any OF the
tariffs circulars or orders OF the SAID
railroad commission of Texas, or any
or either of them combined, set forth,
described or referred to in the original
and amedded bills of complaint, or
in the exhibits thereto in this cause.
,6gSXht the said defendants, Reagan,
MASVL ean and Foster, and the railroad
4" Inmission of Texas, are further per-
A,xstually restrained from certifying
Ftany copy or copies of any of said or
ders, tariffs or circulars, or from de-
lvering or causing or permitting to be
delivered, certified copies of any OF
che aforesaid orders, tariffs or clrcu-
lars to the said Culberaon, or any
other party, snd from furn1shlpg
the said Culberson or any party,
\ any information Tor the purpose OF
1 inducing, enabling or aiding him or
any other party to institute or prose,
cute any suit or suits against the said
defendant railroad company, for the
recovery of any penalty or penalties
prescribed by any act OF the leglsla'
ture of the state of Texas, for violating
or disregarding, or failing to obey and
observe any of the aforesaid tarlHs,
circulars and orders.
Fourth-It is further ordered, ad-
iudged and decreed that all other H.
d;yiGuals neranns or CORPORATIONS, be,