Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-02-05

nnrlly comes to them under the COM
MISSIONS rules. Thero was a congestion
or cotton Mt congresses during d part
OF one season IN which on extraordinary
crop was raised. but the testimony IL con-
nicting and does not satisfactorily prove
what part OF this delay. " any, was duo
to want OF compress facilities and what
part was due 10 other causes.
Neither Ia the objection to the interior
presses that they do not give proper pro-
tection against fires sustained. nor IL
this OF any ooncorn to the railroad com
pnny, as u would not be responsible FOR
injuries resulting from fires or EXPOSURE
10 the weather at congresses when the
railroad was directed by the shipper to
nave the cotton compressed In transit
me shipper thereby engages TO look to
tho compress companies for injuries 10
me cotton which might occur at COM
presses. Furthermore. I am satisfied
subjects coming under It's Jurisdiction
tho ronsonahlencss or unronsonableness
OF which must be determined by the cou-
mission In the first instance by nserr-
tainlnf the facts affecting the subject,
would protect the railroad company from
liability for injuries caused by comprcss
manarcmeN when they require railroad
commands 10 deliver the cotton to COM
presses for the purpose OF having II COM
pressed In transit, Notwithstanding the
rules might nfterward be held by n court
10 lie unreasonable upon tho proofs OF
me fncts before n court When made TO
govern subjects over which the commits
sion Is rlven authority TO make rules Its
rrlos. v unreasonable. arc not void but
voidnblc Mt the suot Of I'M nrrrleved
party ms to him or It only. And we nrc
assuming for the purpose of considering
The reasonnblenoss of the rules that they
are made to govern a subject over which
he commission has power 10 inaitc rules:
for n, ms have held. II Inns no mower
10 mike any rules 10 govern tho subjects
covered by the rulcs IN question, thcn
the unrensonnheness OF its rules need
not he shown IN order to obtain relief
against their enforcement.
" does not appear that tho rule per
hitting concentration OF cotton for COM
pressing within 100 miles OF the gulf when
no compress exists ut the point OF origin
OF the shipment and tho point Of con-
centratlon inJurlously affect tho plaintiffs
road These rules are intended TO cnuse
the COMPRISING OF cotton on route to
\ destination IN this State 10 facilitate
the last part Of the haul TO the destination
and could have no application to COM
This State. Whom 100 miles Of the gulf IN
reached there is no occasion for coucen-
trating cotton at point between 100 miles
and the gulf for COMPRISING to be hauled
the remainder OF the haul. and each ship
ment is left 10 he controlled by the other
rules as TO COMPRISING In transit II there
DO a compress on the route The end OF
baV I.t
ward the gulf Is the gulf, and n as to
shipments from one point to another with
IN this State the cost OF hauling to lIous-
ION for concentration might be refunded
all the rates In which the plaintiff could
have amy Interest would be refunded In
such cases and its haul would be with.
out compensation. As to Interstate or In
.erHational shipments In which the plain
in would share the through ra;o from
he point OF origin OF the shipment with
iarriers OF freight outside OF this State
with which Il would be content and In
which shipments would like to refund
he cost Of concentration at Houston for
to meet competitive rates OF
D;ber Interstate routes. It must be enid
hat tho commission rules do not apply
and can not DO made to apply In their
present form. shipment on through
lill of ladng from a point In ihis Siuto
o a point out OF this State with pro-
vision for stopping and COMPRISING IN
ransit would he an Interstate shipment
And while the STATE, IN the cNercire OF |
he police power, might make rules TO
tovern the preparation for shipment OF
'roigm designed TO become nm Interstate |
'hipmcnt before II had become such. yet |
he commission could not Interfere with |
" control rhinmeuts after they had |
originated and been started on their inter |
inte or International designation. As to |
he charge OF determinations In favor OF |
'ther roads made by the concentration |
ule under consideration II is Bufllclent |
o say that tho same observation as TO |
ack OF interest OF any railroad In con-
cotton for compresslng close
o the gulf when the gulf was the dea-
lnntion OF the State haul apply with |
qunl force TO railroads running 10 tho
,order OF the State elsewhere, and no
roof has been made that any railroad
ompany has concentrated cotton between
point 100 miles from the border OF the
itate and tho State line for compresslng
o be carried TO the State line as the
destination of the shipment. II concen-
ration for compresBlng In other parts Of
he State IL being effected within less
han 100 miles OF the State line Il IL NJ
he end Of tho haul In this State and
preparatory FOR an Interstate shipment
r Is on Interstate shipments stopped In
ranslt for COMPRISING 10 which tho rules
I the commission do not apply.
The alleged Injurious effects OF rules
n the plaintiffs road which nro tatis-
actorlly proved are as follows;
First, That the requirement or the
lles that cotton shall b. stopped In tran
II at the first c0tiprcss reached by tho
rain carrying cotton causes the plaintin
reater labor and expense in handling the
ar. Of the cotton which must be stopped
/ compress stations where the plaintiff
oes not maintain switch engines ma
witch crews than would he Incurred n
~ Plaintiff was allowed to pass all such
tatons and concentrate cotton at few
oinis where II IS justified IN maintaining
witch engines and switch crcwa. Stop
Ing at 80 many points to set out cars ,
{ uncomprossed cotton and to tax. Up
lrs containing compressed cotton invoiv-
lg n delay OF 80 many trains which 9TH
-wise run through such stations with
NJ stopping and causing the expense OF ,
Ding switching with the engines pulling :
eight trains causes greater expense ana
than would be caused by J
iullng the cotton uncompreased a much
-catcr distance from the origin OF tho
lipmcnt to the end OF division or to a =
,int where switching may DO dono by
guar crews kept for that purpose.
II is also true that while railroad COM
ihies loading cars with cotton TO bo
tipped on song hauls TO other States and
asiern ports can greatly economize space q
box cars and save tho movement OF n y
rger number OF cars hy COMPRISING In
ansit, yet when the subject is conaid- Q
ed with reference TO railroad COM
my situated like the plainiin which I
Cages aiu1ost altoFether In short hauls y