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

NO A. RAILROAD COMPANY vs.. The
pIITROAD COMMISSION OF TEXAS.
:, the District Court of Travis County.
r,s.v-third District. Conclusions of Law
and Fact by the Court:
rho nlantiff railroad company sues the
sIroad commission to en1oin the enforce
an, of certain rules promulgated by the
nmmssion in relation to the compress
NJ cotton and which are being en-
.r.ed by the commission. The I t,;ntiff
sr,os the power of the commission 10
Aka rules to govern the COMPRISING of
a,,on and pleads that If the commission
a. md power to make rules OH that
biect the rules assailed should ne cam
ia because they are unreasonable ard
must to plaintiff, and further, because
h are being applied by the commission
Interstate commerce..
4 part of She rules complained of are
,rorporated in what is known as COM
bodty tariff No. /, adopted by the COM
blssion July Is, 1895, and the remaining
art are embraced in circular No. 173
mandatory TO the former rules. True
ppes of the rules are given in the
lsintiff's original petition. Omittng
agthy details as TO re-adjustmcnt of
Eeight rates consequent upon concentra-
on Of cotton at compress stations and
sumption OIL si"piichts at 'nsso p"iip'si
hich are nor cohii,ia'iiea o. II the rules
70 to prevail III otheF reslec's. anu coii-
sHslng the ruies SO as 10 STATE what
bey amount to in effect, by taking all
helr provisions into consideration, we
I'd that they make substantially the fol-
wing provisions which are material to a
ecision of the questions raised:
l. The commodity tarlh ixes rate OF
rght on cotton which is designed to
cyer not only compensation Tor carrying
cotton. put compress charees 10 De
aid by the railroad companies not to
fceed ~ cents per loo POUNDS Tor COM
rsssing.
II the shipper requests COMPRISING
transit, the railroad companies are re-
dred TO nave the cotton compressed at
origin of the Shipment, IL there be
compress there ana II not, then at
hrst compress on the line OF the car
n between the point where the freight
hginated ana It's destination. There is
DIVISION permitting hauling the cotton
ncompressed after the shipper shah have
fid rate of freight intended to include
pmpress charges If the shipper so de-
res, but as the railroad company is not
POURED or permitted to pay for COM
Passing at the destination OF the ship
feni, this provision is of no practical
nportance; for II is safe to assume that
shipper after having been compelled
pay rate of freight which int ludes
expenses of compress'nS VIII request
be allowed the privilege OF paying for
mpressins again at the destination of
cotton. SO FOR all purposes of cen
aegng the effect of the rules, if enforced
s provision may be left out of con-
Iteration.
1t Is required that cotton which Is
De delivered In compressed condition at
shnatloh shan be so compressed that
density or each bale at destination
ny be not less than twenty-five and a
hallroad coinpanies are authorized to
s sh,nn M ."eir p'ilS OIL lauiilg hotatlon
Fam ,ahtIi,v eo '9le eaat,, o' ..,e
Ut are required to take bond of the
Pmpfess company presumably to secure
reon,re notatto,, ~, S a'u rnor,, IT,,
Ety or for the simmer If the railroad |
pmpany has noted it's intention to he
,,nn 49, rom nah'iity against uelec'Ne
be coApressinfr ia IN no ..docIarcd bv |!
empetent inspectors" within four days
'er IT'S arrival at the point of inspection
!, Sasao,,, nA tne hapili,y Oh coli'presseS
II ,s rro,. t9n,i' ., Ss.i' ~ A.. -,
bncen,rat,o., 49, s,'Ae iul nv ~. pose "
hll tar,nr 80 80 y" az,
I'M fror, al 80 ',. -
a MIA ~ ii''' oi' ne Gun .o"a."
Ihsn - VI Hrule OF raliroau ihlleaSo'
or,r.n.i - no COMPRESS IL, Operation
btermsa,o, s'lppliE point or at sta'Ion
bint nj With =, an a',., sue" polne a,,t '"s
his rule makes rrov's,on W e.. rof,,rd,,,c
harves fon p.oN.9,u'' 10, iei,'N.,"e
h' n.y. .he through rate from origin of the |
khlcb M Yain. 1oii!o oua.l''rItioilS a"'"'
~ ''"'o III '"i' o"'e
The first oro,., -,,, &.
\, ''''''i W we 'o''S'''e''" 80
"e Fa'lroad commission the power TO |
ake these rules?
In answering tbis question shall as
pns Tho. ~
l,n. ''' 'ne oh-v powers which inc
'Vau commission law attempts to con-
| er on the commission are such as the
legislature n,,b+ ,a-..,u..
kha co,..,...., ''" 'u'1 co"iei ui"o'
Wy legislature to delegate to agencies GER
/ ain powers over r,Iro,ds .rno oo+ NJ
! be l,ris,a,,,.
k,a,s, =, creating the commission
kOl,s,a u'e subjects over which Ihe COM
Snesns rs 10 exercise power IL not the
81 ths VI enforcing its rates as broadly |
tonS eofs'ltution authorizes, and IL the
ka,,sr law. in naming the subject
tays Nv, wi which the commission is to
ku,n,ii a,lsniction is broader than the con-
] vii, .he statute can not be followed