The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1894-03-19

by said INTERNATIONAL company Oh Nue i9e
manded OF one sad Galveston company rs
OFFICERS and hoard OF ulrcCtoia, tnat thes
proceed to rcsuuiS possesson Of tae SAID
xtston comnany and TO that end tu lasts
tntc an necessary stiitr itt liw or in equi-
lfs Officers ana bourd % directors have
refused and failed to feaNmc the 9peT-
alton OF It's road. or go take The NECESSARY
steps 10y appnuprete SUITS 20 thRe enui
and still refuse 80 70 do
The plaintiffs show tiat BY reason OF
their existing contfagt as stocthqldess OF
them havc the rsht tc have said CAL
weston company resume the onerabon of
Its railroad, and carry out all ot rs law
fni contracts pertaining thereto, anu g
that end to bring this suit recurring the
said Galveston company 70 resume possess
sion OF It's road. SO restrain INC sasd inter
national company llpm interfering with
the resumption Thereof by the SAID Gal.
vston company. aisa % eaneel and annuL
the same WAS and "a null and void and
was originally wrongmlly and frandu-
The p;aintiffs represent that by reason
of the action Of said international conf
pany in excluding the said Galveston conf
pany MS herc.nlssfcre stnicd. on the lSth
Of November, 1898. from the possession OF
rs own road. aud ihe wrdpytul and forci.
bic approprl ton 81 the same by the sald
international company. that the said CAT
weston company has been deprived Of all,
earnings and scerceS Of revenue, and that
lttfHN DAMAGES tiNt stftfutN anu Alt Hllii
accruing, md VIII continue 10 accrue
against said Galveston company IN favor
OF said Texas company from the hreach
OF the contract hcrrinh fore referred to-
The plaintiffs also represent that other
railroad conpanies thnn the Texas cen
pany, whose lines Of railway connect with
Houston. are arNious and desirons TO have
thsir passengers. ncrch2utise, tonnage
and cars hauled between Houston and
Galveston, and are only prevented trpln
contracting with he said Galveston CONF
punN TO that end by reason OF the Nn-
lawful and vrougfui apnrepriation q snid
1he plaintiffs further show that under
Clos i2s7 AMI 4sgf sselfsa Texas Ciyll
Statutes. II ia provided that tn case OF the
refusal OF any railroad corporation TO take
aud transport any passengers or properly
that such corporation sf1all pay 10 che
| party agpTieved all damages, lnciudinS
| costs arlsn@ from such refusal. and ior
| the failure Of such corporation 10 furnish
cars to any shipper. they shall forfeit 10
| The party or partiea applying Tor them the
| the appropriation of tie said Galveston
| railroad bv said International company.
| the sQid Galveston company is constantly
! exposed. aud VIII Zee continuously and con-
| stantlN exposed to thc pains and penalties
| prescribed nv said law, not only 20 The
| said Texas company, but 20 other compa-
! seugers and shippers demanding trpnSpcr-
! tatlan over snid railroad plaintiffs aver
I that unless tne Snlu tfilN-eLoN EQtilNAVN
| resumes ooasesSion OF ltH said FNlrohi,
| and the International company be enlolnad
| from Interfering With such resumption or
| possession by said Galveston company
| that the said Galveston company win be
brought to an Immediate ana hopeless in-
! solveEcy, and that in the present eondlT
ton OF things tine said Galveston cugnpa-
] ny Is 10 imminent danger Of Insolvency
/ by reason of the wrongful acts OF said
1 International company.
| Plaintiffs state that II IL We're not for
| the unlawful exclusion Of said Galveston
! company from its own road Ay said Inter
national company innt ne SAID Galveston
sums OF money. and that It's gross earn
| ings per year would largely exceed SaV9QV9.
| and that the costs and expenses OF operat-
| lng and mainta3ninS he same, ineiudtny
| the payment of all taxes. would not s%g
coed 100000 per year lsiiying as net earn
ngs u sum exceeding S9ln,Qe0 a year winch
| would be amply auflicien, 20 pay interest
| upon its bonds, which amountS 20 Sle1pQ0
\ n year, and dividends upon Is stock NJ q
leaving u large sum annually to be de-
| voted 10 a sinking fund for the ultimate
extingnisament Of its bonded indebted
me plaintiffs further state mat said
| galveston company, 4 n ne hapds o.
| and opernted by It's owner Would be one
| Of the most valuable railrond properties
| in the Siateof Texas with a larger earning
\ capacity IN proportion % ats mileage than
| any other railroad IN Texas
4 The plaintiffs state that the said Calves
1 ton company IS ~ such physical condition.
| and has such ADEQUATE terminal tacllites
1 at Houston and Galveston, that Il oper-
| ated -hy It's owner q could, In addition TO
4 Us own local business carry ana trans
port the passenseisy msrcnain,aise, t2na,tse.
centering at Houston, on terms 1nptpd1iy
| profitable TO sqtd Galveston company nur
each Of us eonnecinlE cgsnpaillea sn'an az
| tiomal company the Houston and Texas
1 Central Railroad company the tiayf ION
| Harrisburg and san Antonio Railway COM
i pany, and the san Antonio ard AfQnsas
! Pass Railway company but " ppertted
J BY the said lnfegnatonal companyi rs
4 other connecting liueB nt Houston VIII not
! be accommodated bg said International
| company on fall and equitable terms be
| cause me said lnierqe ',onl eonlpaHN u
! ah active competitor in business Win the
1 railway systems cenirrlnE IN Houston, ana
\ " IS therefore 10 rs sclfsh interests not
| 10 have them directly counfcted Wi ~ the
! city and port Of Galveston.
tHhe plaintiffs further show that, under
/ the Consultation ana iaws OF tls state
1 Of Texas, as We'll as the spersu iawa
chartertng and relating 60 the said Gals
4 weston eoinp1nly. the SAD Galveston rsli-
| road 70 "a pnbiie highway aid tse duty
and obligation is Imposed upon said Cal
i weston cnmpany 20 opet,tte lis own rail-
\ road, and said company has no power,
1 AMI Is forDidren by the constitution and
| general lAws OF Texas, as wen as ~ sps
/ clal laws from alternating .ts ROAD and
| franohtaes by lease or otherwise, and
tho. spch duty ind obligation Is con-
tnuins one n the present condition Of
| great danger qhat the State Of Texas
tnrout,n Us PROBE; constituted aut1oflties
may begin sur Of suits 70 forfeit the eilar-
ter Of said Galveston company, Ems De-
! rliytng n 81 AIS usefulness, rctneilk ~
/ 70 a sttte 81 Insolvency md plc1ncsug
1 widespread ruin and greaf financial ioae
/ 70 ~ orcffiulS and stocknpidcfs And
the nlalntifia ftlge that ny reason OF ne
el{flc.-, 81 a snit Tor forfettnre ~ ~ c1art
Ter Is which san Galveston company p
cxpoHed rhrongn the wrongful aces "
sid s4t-cfnatQfai coInpany Ia aRpfpIifi7
htlnlg to Itself 11e Hiid Galveston com
! pans railroad, me paiiatiifs are eniniep
4 To the relief sOugpi Tor IA this fuit
Il The pi4lntiils HlieBe mat sile sole *.
Il cuse, 3astilicaiipn or cldifn np4nutiur3fy
on tue part 81 tle sid International COINS
pany FOR the wrouBful and ulIiawful pos
session and use ~ Btid Gaivesfiou com+
] nsny,s railway ana 81 Tie wrongful col
4 lection and colieeition Of tllA reflls. tols
ard revenues Ariafne ghhfcfrnm and OK
the wrongful ana rniRwful Intrusion into
niid usirparon u zoe ffanetlisrs eQfpor
rate rights. pnxleseH and functions ~
4 sad Galveston eDiilHapy ~ tle said lsi-
fernafional company. If that the said IN
tornntionti company claims thai faNi
4 Galveston company ieaFcd Its railroad -
u Sail aforementioned e4nUaffv tl4 III OF