The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-02-04

panics loading cars with cotton 10 be
| shipped on long hauls to other States and
Eastern points can greatly economize space
IN box cars and save the movement OF a
,arser number OF cars by compressing In
transit yet when the subject Ia consid-
| ef~u with reference TO a railroad COM
| pany situated like the plaintiff which
| engages almost altogether In shor, hauls
or not over $50 miles at tNost from the
| interior TO the end of It's haul towards the
gun az Houston, and upon an average OF
not over l6S miles, In which fiat cars carry
| Ing as much uncompressed as compressed
cotton. are principally used. II ls more
economical for the plaintiff to haul all the
| cotton uncomprcssed TO the end of its haul
than TO conform TO the commissions rules
me exposure OF cotton TO the weather
by Its being hauled IN HAT cars is not
greater In these short hnuls OF twelve to
sixteen hours than the exposure to the
weather at interior congresses for as
| long or longer period to await compress
ing, during which time most of the cot
ton is without protection from the
weather. About half of the hauls would
not be over l66 niles. When cotton has
been loaded on Hat cars for hauis of this
length there is economy In time and tabor
| IN hauling 1t to Houston uncompressed.
rather than to incur the delay and ex-
ponsc OF setting the cars out at COM
press and taking them up again IN another
train.
Second. If the plaintiff was permitted to
haul cotton originating at the Northern
end of it's line by compress stations to
convenient points for handling the switc H.
ing II would NOT only save the cost of
switching with engines hauling regular
freight trains, but would avoid delays In
the running OF freight trains and enable
inc ROAD to haul the cotton on the longer
hauls on Its road compressed while haul.
ing the shorter hnnl9 IN
Houston by compress stations, at which
IL must now stop, and this would enable
II tho better to handle the carving t,isi-
ness OF It's road without congestion of
freight In the interior during the 9 ,tton
s.asoh' The fact that the rules prevent
THIS course VT action by the plain,iir
causes II greater expense and TO some eN.
tent contributes to a congestion of co,ton
along Its line.
there are some other Injurious effects
OF the rules ON the plaintiffs business
nut those stated above are the most Inn
portalt, Thero are several very important
effects of the rules on the interest of tho
niaintiG In Interstate or international
commerce shipments which do not
mink can affect the subject o, rcrula-
lions of shipments from ono point To an
other IN the State. The Incidental effects
or state laws or rules on Interstate COM
merce so long as they are not applied 10
Interstate shipments hut merely effect the
selection OF an interstate route. can hardly
be urged against their roasonableness as
applied to hauls from one point to an
other In this State.
There are no benefits that can dlscov-
CT accruing to the plaintiff from the OPP
GRAFTON of the commission rulos
Having found that the rules operate In
1uriously to the plaintu I'm some partic-
ulnrs, aud that they do not benefit the
plaintiff at all, II remains to bs decided
whether they serve any public ntoros, to
the Patrons of tho plaintiffs line. which
Will Justify their existence and enforce
mcnt ON plaintiffs lines, Notwithstanding
their Injurious effects upon the business
Of the plautiff.
viii take up and consider the public
interests alleged in the answer OF the
commission 10 justify these rules
The first reason assigned for their ne.
oessiiy Is ono to which have referred IN
treating of the powers cf the commission,
VIZ That railroad officials become In
tercstcd IN Houston and Galveston com
presses aud were causing all the cotton
along the plaintiffs lines to be hnuled to
those places for compressing This t. not
n matter in which the shippers of cotton
have any concern. Aud II Is not claimed
by the attorney general that the rules
were made to secure equal patronage to
all congresses. The shippers of cotton are
Interested IN getting the best service prac-
iicable for the least money. BESIDES there
is no proof that any such reprchcnsihle
conduct Is continued under the present |
ownership Of the road.
But 1t is alleged that without t.l0a |
rules there would be "A congestion of cot |
ton at Houston and Galveston beyond the |
capacity of the presses at those points TO |
speedily compress. whereby delays to ship |
pers to foreign ports would occur II does |
not appear from the proofs that the rules |
Were necessary to prevent such n con-
gestion owing to the practice of the |
plaintiffs line to have large amount Of |
done In the interior and ow-
Ing to the great facilities for COMPRISING |
at Houston and Galveston. The delay in
shipments from the interior which the |
apprehends by reason of the
greater amount OF space which nncom-
cotton win occupy of the <'olling
stock than compressed cotton would oc-
rupy Is answered by the proof made M To
the ability Of the plaintiff to haul about
~ much uncomprossed cotton on flat cars
as IT could haul Of compressed cotton on
those cars ard by the proof of the greater
dispatch with which the transportation
could be effected If unhnmpered by those
rules. which is shown by foregoing find
ngs of fact.
Tho allegation of the reduction in the
operating expenses OF the plaintiffs road
Effected by the corporation of the rules Is,
rs have decided, overcome by the weight
If the evidence to the enoct that the
'ules increase the expenses OF the road.
] have passed upon all the reasons
Given In the answer of the commission