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


uo,rsroN AND TEXAS CEN
IRAILROAD COMPANY ys. TIT
r,RoAD COMMISSION OF TENAs'
N District Court of Travis County,
\, third District. Conclusions OF Law
{Fact by the Court.
|palntif railroad company sues the
N commission to enioin the onforce-
M certain rules promulgated by the
I..inn In relation to the compress
cation and which are being en-
NJ ,be commission. The ! l''ntif
he powet of the commission 10
r,les 10 govern the COMPRISING Of
and pleads that II the commission
n power TO make rules on that
I me rules assailed should % cuh-
k,cause they are unreasonable ard
1 10 plulntln. and further. because
belng applied by the commission
Irestate commerce.
III OF the rules complained of nre
btated In what is known as COM
,arir No. l, adop-ed by the COM
July Is, 1895, and the remaining
Ire embraced In circular No. l73
[a,ory to the former rules. True
| Q, the rules are given In the
h original petition Omltting
details as to reimbursement OF
rates consequent upon concentra-
cotton at compress stations nnd
k,Ion Of shipments at these POINTS,,
are not complained OF, II the rules
prevail In other respects, and con-
the rules 80 as 10 state what
mount % in effect. by taking all
|rroyislons into consideration, we
ID they make substantially the fol-
provisions which are material to a
h Of the questions raised.
ke commodity iarln fixes rate OF
on cotton which IL designed to
Dol only compensation for carrying
ton, but compress charger 30 be
II the railroad companies NOT 10
70 cents per 100 pounds for COM
the shipper requests compr tssi1g
si,. the railroad companies are re-
to have the cotton compressed Mt
Gin OF the shipment, n there be
press there. and II not, then Mt
i compress on the line " The ear
tween the point whore the freight
ted and It's destination. There II u
n permitlng hauling the cotton
pressed after the shipper shall have
rate " freight intended to include
y charges IL the shipper 80 de-
ut IS the railroad company ia not
or permitted to pay ;or COM
At the destination OF the ship
this provision is OF no practical
bncs; for It IL safe to assume that
per after having been compelled
! rate Of freight which Int udes |
rtnses Of eomprossirg VIII request |
lilowsd The privilege Of paying Tor |
Slny again al the destination OF !
ion 80 for all PURPOSES OF con
iittstct of the rules. n enforced, |
or'sion may be loft out OF con-
oa
8 required that cotton when rs
lvtrtd IN compressed condition at
uon shall be. so compressed that
isNy Of each bale at destination
no, less than twenty-five ana
unds per foot, cubic measure.
ioaa companies are authorized to
u uelr bills Of lHdlng a notation
pes OF release OF the curriers'
Apllty Tor defective COMPRISING,
required TO take a bond OF the
company. presumably TO secure
US u they have not seen proper
w notation Of release from liza
ier the shipper n the railroad
mas noted its intention TO be
NON liability against defective
sins The defective character of
litssng Is to be declared by
nt Inspectors" within four DAYS
nfvh at the point Of inspection
70 III the liability of congresses
cHye compressing.
PROVIDED that for the purpose OF
suon' cotton NAV be Skinned Mt
ra,es 10 compress stations dis.
Vn az points On the gulf COASTS
VI Siore of railroad mileage,
vs ~ no COMPRESS in operation
A. Mlpping point or at n station
"e oeiween such point and the
"nleh II desires to concentrate.
makes provision for rnfunding
" cohcentration and collecting
gn rate from origin of the
W some qualifications about
p''n' Is made In this case.
weston TO be considered IN,
'''acad cosmlssion the power to
~ rules?
ssnns this question shall as
he only powers when the
sAi'n''slon law attempts to con-
Z 'Vmmission are such as tho
msat lawfully confer under
amendment, authorizing
70 delegate to agencies GER
y over railroads. The act OF
creating the commission /
Mieots over which ,be COM
h e ~ sHereise power " not inc
si,.o,elng Its rates as broadly
oa , s"on authorizes, nnd ~ the
aur Nv, IN naming the subiept
hdlc,,.eh the commission IL to
Ia broader than the con
the,sfaa'ute can aot DO fol,owel
ktIw,,". take the LANGUAGE al
Nm, as the guide in determ,n.
NJ VI not the rules In ours,ion
ro ~ commission inyolys on 800
Fiction. s' matters outside OF
AistIai !, sne constitutional amend
sislah,~ me subject Is ns :elIows.
irad f,ni pass laws 10 req
Eofrect ,,sht and passenger tar
sht a,1ses and prevent unjust
din.,a passenger tnrins
snd ss' rallroads in III,
d uioroe the so,no 'h's
~. Penalties: ana saine by
Advertisement Of ua. 10 me
sI,s may provide ma 49, oDIeets
~ powsrs y . and agencies invested
% adyi,ab.s may be deemed AIDE. I
DIVERS ~ y no, a statemor, =,
'esds, bur i, h,ure may exercise
,se,s per,s,. Goes eaumerate the c
eass az W ing 10 the oner,,inn 4
slss 10 h v which the now, s''on
s. ,sd to an o o. as laws NIGH /
ny IN rse,Sseney. There was /
ns leeisla,nssh by direct leris- I
INV those AZ. all rsilroad abuses /,
=, ~, many di Seeted through torfS , n
niins tas,, qp'itsnliies stood e., .u ,h =
usheces.i,, rules by gener, IL me
ehe part ~ .or allowing dif,eran, !
~ TO b. "a .ne State from No. !,
],Ns; iack eyorcsd In other nn 1853
rylrlato,s ., Information ~ " t
euh, 70 deal ,v,.,.' W tne ]
,.e'tnt tine aslr Inability 10 d. =
. iaiarn ths'oa study Of ths =