The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-12-05

BOYD refused to receive said cotton unless
shipper would state on bill OF ladins No
charge refunded" that the reason Tor re-
iusing said forty six bales OF cotton, On
cept upon condition stated. was that re-
spondont was determined to require u 10
no sent to the Bowie compress, ihat said
forty-six bales OF Gotten were never re-
ceivcd by respondent
g6 That at the time that respondent re-
fused to receive the twenty-five bales OF
cotton. and at the time 1t refused to receive
the forty-six bales OF cotton mentioned IN
the last preceding paragraph. 1t received
from ether persons--espociaily from Dirse,
Forbes q Co., Felix II Bath q Co.. ana
Martin. Wise & Fitshugh-at various sra
lions on its line In Texas cotton IN lales
for concentration at Bowie when such cot
ton had been shipped to the Bowie com
press with the implied permission OF the
shippers and with the tacit understanding
that transportation charges TO Bowie would
be refunded in consideration OF tic cotton
being sent to the Bowie compress and ias.
upon the reshipment Of such c5tt0n TO final
| destination. refunded to them the charges
for locating said cotton into Bowie for con-
centration upon the production by hem OF
tic expense bills showing the amounts ci
| such changes
| q. That on the oath day Of October, 1896,
the REALTORS, George II. McFaddsn < Bros.
by their agents. Neil T. Anderson q Co,
! rendered 10 respondent at Bowie, TnNas. 20O
bales OF cotton. in two lots Of 100 bales each.
each lot being accompanied by a bill of
iadlng Tor 100 bales. stating that the cotton
was consigned TO shippers order With the
notation Notify p. G. Paul Galveston,
] Texas that on the 2sth day OF October
lSs''' the REALTORS, George II McFaddea &
Co. by their agents, Neil p. Anderson &
Co. rendered to the respondent at Bowie.
IeNas, zoo bales OF cotton. in TWO lots, Zach
containing 100 hales and each lot being ac-
comle9n!od by bin of lading fer 100 lales
/ staring that the cotton was consigned to
shipper order. with the notation Notify
r. o. Paul, Galveston. Texas that on
/ the 9th day of October 1895. The REALTORS
George IL McFadden & Bros. ~ their
agents, Nell p. Anderson d Co, Il ndere1
to the respondent at Bowie. Texas, 100 tales
of cotton. accompanied by bill of ladng
stating that the cotton was consigned to
shippers order. with the notation Notify
1. o. raul. Galveson, Texas that in re-
spect to each of said lots Of cotton Caves
Ton was the final destination; that in each
OF said lots OF cotton were bales OF ettou
ihs exact number not being shown. which
had originated at points on RESPONDENT s
railroad IN Texas taking tine same rate as
bowie On cotton IN bales TO Galveston. and
mat SAID REALTORS. George II. McFald N K
brcs., had localed over respond erls ran
read said bales of cotton. when origirstrd
nj points in Texas, into Bowie en- local bills
OF iadlhg Tor concentration. paving 20 re.
spondont full tariff rates for the ,lanspor-
lation thereof from points vi origin to
hN"3e' that IN rendering each lot of said
cotton TO respondent, REALTORS George ii
McFadden & Bros. presented with ,.t,h lot
expense bills showing the plynent q,
the freight charges from the Texas Lcints
n when on respondents haa OF raiiwyy
SAID cotton had originated said points tax
lns the same rate on cotton III bales rs
Bowie to Galveston) to Bowie and demasA
ed mat the eDffnu no Ia, I,tt ,f
lading signed and the locating charges re-
iundedi that respondent was wiling to re-
ceive each lot Of cotton without ref,mding
inc locating charges. but refused to accent
any one OF said lots and pay the localing
charges, and demanded IN reference to each
me payment OF the full tariff rates from
bowie to Galveston without any allowance
OF locating charges; that the reason for
the ioiusal OF respondent 90 receive said
COTTON ard refund the lOcaliug CHARGES was
mat 1t had been concentrated at the inde-
pendent compress and not at the Bowie
compress.
IS That at, before and ifier the dates on
Whlch The bales Of cotton mentioned in the
last preceding paragraph were rendered to
respondent ana it refus TO receive the
same ana ray BACK the locillas chuiIes, it
ana receive bales of cotton ,endered 10 it
by feilN IL Bath & Co. Birgc, Forbes 4:
CO., and Martin. Wise d Filzhush and fror,
"''H "Fi'i t-Hf st:s .ftn To-
oaled INTO Bowie for concentration. hat
u lui concentrated at the Bowie compress
'in W" ieluni TO Tue shippers the localing
charges into Bowil from points on respond
'Ht 4lhe OF railway In Texas, at which
cotton orlslnated' taking the me rate Oh
cotton In bales as Bowie to Gal 5cslor. and
ihat, having refunded to said shlpprIs sad
ioNailHs charges INTO Bowie, respondent
49, ~ reg send cotton to Galveston dt the
regular tariif rates.
pom me foregoing findings he railroad
, , ON. i''sslon ot ltNas reacn"s the following
~ 'o"oiuslohs aud does order and ad-
'uusei
L. nAi IN olectlng to have cotton shipped
on through hiils OF lading bearing the 10
anon 10 be compressed in transit" a. the
io"se compress, The resppnleit Las cAer-
olseu lesai right and has not vioi:.ted
'"s ia"'
ihat under tho circumstances, in re-
lusihs To receive the twea y-two bales of
.o''oh t'hdeFed 1t on he csth day % yep
i'..'pV'' iesp, al BOYD, Texas, by be re
laiofs GEORGE ii Meta iden & Eros. as
80, seHt'' ~ .'hulhs - aDo'e AM IN receiving