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

1E ouner person on corporation auflnE
BY section Is Of the special act tncor-
pQlNtlng the said Galveston company
aPLipFed February z, lsos j. was aud y
VS. required and shall be required at AL
reasonable times, and for reasonable
SQhpensation 10 draw over IT'S ROAD tue
ptesensctsi merchandise anN cars OF any
other railroad corporation connecting with
the railroad OF the said Galveston COM
pany, and by said section the riSnt or
weston company TO connect and contract
with any railroad company theretofore or
iSt the performance 81 IKE transpest.
The railway OF SAID Galveston company
connects at Houston, Texts, with the
railways of the following companies.
First-rhe Missouri. Kansas and Texas
Railway company OF Texas, which owns
and operates lines extending from ious-
ton to Denlson. Grayson county. Texas,
and elsewhere IN the State OF Texas.
Secoud-rhe Houston and Texas Central
Railroad company which owns and oper-
Dallas, Fort Worth and elsewhere
lnird-rhe Galveston. Harrisburg anu
san Antonio Railway company, when
owns and operates lines extending from
Houston 70 San Antonio and elsewhere.
Fonrth-Thc San Antonio ana Aransis
Pass Railway company, which owns ana
opetates lines extending from Houston
to Arkansas Pass and elsewhere.
Fifth--rhe defendant International COM
pany.. which owns lines as hereinnetore
No one OF which companies has any
line OF its own extending from Galveston
to Houston. While none OF these S S,n5
a, the time OF the Incorporation ana com
pletiop Of the Galveston companys rail-
road between Houston and Galveston Net
u was within the contemplation or tne
LEGISLATURE as shown by the special acts
incorporating the said Galveston conipa-
n.y. that there would be conneciing lines
OF railway with said Galveston company
RAILROAD each and all of which would ne
entitled to have their passengerN mef-
chandise. cars and trains hauled upon
between Houston and Galveston thus
making the said Ghlveston company
road great railroad highway and trunk
! line leading from Houston 70 tne oisy %
1 Galveston which was AZ the passage OF
tine act Incorporating the said galveston
| company, and has ever since connnueu W
state Of Texas.
The said the Missouri, Kansas and
Texas Railway company OF Texas, mere
matter called the Texas company, WIS WIS
duly INCORPORATED under the laws 81 the
state Of Texas in the year 1871 ana ac-
uuired Its lines Of railroad under aNthol,
ty OF the law Of Texas, by purchase ana
! construction during the years lSel-S anu
s and formed a connection VIII tnS SUN
! Galveston company's road at Houston m
Apru 1902 After making such connection
said Texas COMPANY. through rs duly con,
stltuted officers. demanded or inc Saia
| Galveston company ana rs boaru on "
rcctorg that said Galve stnu company
! should haul and transport the passengers.
merchandise. cars and trains OF saiu ItAAs
| imp6sed upon 81 by fits charter, and the
said Galveston company, after pelng uulN
advised as TO us duty IN the prgnilFfs, e Wy
! it's counsel on the 22d day OF JhlS, tos9
| entered into n certain contract In writing
| COPY OF which Is hereto attached, p, ny
marked Exhibit g, and mane part nsIeol
| whereby the snld Galveston company
agreed for a compensation stipulated "
said contract, which was rensonnn.e anu anu
/ lust for the services TO be rengsren, l9
| haul the passengers mefcnahuine ~
/ cars OF the said Texas company between
| Galveston and Houston. for the perlon q
] one year from the date OF sala cohltaSl.
! VYhe said contract was In all respects
1 lawful and within the corporate power OF
! each Of said companies me sulu cons
/ tract was mutually beneficial 70 eaGh OF
/ said companies and greatly ~ we inntf.-
| est OF the public at large, and the state
| and Interstate commerce tributary 10 tne
lines Of each Of said ,c,onlpani n,s,,,a,,v i,
| the state OF Texas north and west OF
! Houston Is 90G1 miles,and reaches many OIL
| the principal cities In the Stale 81 ieAhF'
| such as Waco, DallHs. Fort worm, SheF !.
/ man and i1efiisJn, while the mileage or
1 said Galveston company between Houston
] and Galveston is 80 miles, ana the COM
/ Galveston and the cities. counties ana
| communities reached by the llnes o. lls
! said Texas company Is extensive, si9
] VIII constantly grow II uninterrupten anu
!
j up with the city and port OF Galveston:
/ At the time Of the execution ana de-
] livery OF the said contract between the
| said Galveston company ana the sald
! Texas eomlfany the defendant lnterna-
| tlonal company was engaged IN the oper-
alton Of rs trains over the ROAD OF Lne
/ said Galveston company between caves
/ ton and Houston, and immediately the
parties to said contraci gave nptice -
1 the said International company that said
! contract had been executed aud that
\ mediateiy proceed TO carry y out, ana
/ thereupon the said International CONE
! many notified the said Galveston COM
/ nanY that II would not permit the sdld
| Galveston company 10 operate It's own
road, or to haul passengers, mefchan-
| disc and cars for said Texas company.
/ m pursuance OF said contract ana FORBID
\ said Galveston company attempting 50 %
/ DO stating and claiming that the said
! International company had the exclusive
4 right TO operate said Galveston com.
/ Tense dated March 3, 1881, and hereinafter
/ more particularly referred u.
! AT the time the said international com
I psny notified and forbade The said Gall
contract the snid International company
/ Yves operating It's trains over the said
| Galveston company's rpod. and through
! its train difpatchers superintendent and
agents. was In a position by which IL
I could by the exercise Of its physical
/ power, prevent said Galveston company
4 llpHt .NArIAAcAuk 4tAH lAbAiAo ~ ikF Hofn
l read; and the said Galveston company
notified the said Texas company that the
said international company would not
permit and had forbidden. ard would
| prevent The carrying out Of said c9ntrant
| Therenppn. on the 18th day Of July, 1895
| the said Texas company Instituted 4 suit
1 IN the district court Of Gaiveston county
Texas against the said Galveston COM
pany and said International company. 10
1 enforce the specific performance Of said
! Gourmet On the part 81 said Galveston
| company. and 70 eniqin The said fnterna-
tional company from Interfering with the
performance ~ said Contract, and M
said suit said court on the Goth day Of
4 August 1879, after fii hearing issued an
order temporarily onJoinins the said Ia.
| ternatiOnal company from Interfering
with the execution Of said contract and
The said Galyeston company immkdiafeiy
began the execution Of said Contract
and continued 70 carry out the same
1 until the 18th day o. November s02 The
said temporary Injunction having been
dissolved ~ order OF the United states
circuit court for the Eastern district IL
Texas. b. which sad CAUSE had hoen re-
moved ana whore Il ~ still pending When
i the said International company wrong
fully f0rcibiy and Violently. and ngafnsf
| the protest or said GALVESTON company
4 elected and excluded said Galveston COM