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

visions Is that II n railroad company com
planning OF rule proves that the rule
inJuriously affects its financial interest.
IL VIII not be called upon to show that
ING RUE serves no public interest any
where IN the State but that II will he
sunicient for such road to show that the
RUE does not serve the interests of the
patrons OF its line OF road
Keeping In view the foregoing inter-
pretations OF the rule will first take up
inc complaint of the roalroad company
as TO how 1t is injurously affected by the
rules. after which Will consider their
effect upon the public along the line of
the Houston and Texas Central Railroad
company.
| do not find that the contention of the
pia'nun that many of the congresses
aloag its line outside OF Houston are in
capable of handling the cotton expedi-
tiously which comes to them under the
rules OF the commission is sustained by
the evidence, find that the congresses
aiong the line were able to compress with
que promptncss, 30 far as disclosed by
the testimony the cotton which ordi-
narily comes to them under the com
missions rules. There was n congestion
OF cotton ut congresses during n part
OF one season In which an extraordinary
crop was raised, but the testimony IL con-
nicting and does not satisfactorily prove
| what part OF this delay, IL any, was due
to want Of compress facilities and whnt
part was due to other causes.
Neither is the objection to the interior
presses that they do not give proper PRO-
| lection against fires Sustained, nor ia
this of any concern to the railroad COM
pany as II would not he responsible for
injuries resulting from fires or exposure
TO the weather at congresses when the
railroad was directed by the shipper to
have the cotton compressed In transit.
Tho shipper thereby engages to look TO
tho compress companies for injuries to
the cotton which might occur at COM
presses Furthermore, l am satisfied
that rules made by the commission on
| subjects coming under it's jurisdiction.
| the reasonablencss or unrcasonnhlcn
| Of which must he determined by the com
mission In the first instance by ascer-
| tanning the facts affecting the subject.
| would protect the railroad company from
liability for injuries caused by compress
| management when they require railroad
| companies To deliver the cotton to COM
presses for the purpose of having II com
| pressed in transit, Notwithstanding the
| rules might afterward he held Ivy n court
| to he unreasonable upon the proofs of
| tho facts before n court. When made To
govern subjects over which the commits
sion Is given authority TO make rules it's
rules, II unreasonable. are not void. hut
| Voidahle NJ the suot of an aggricvod
party as to him or II only. And we are
| assuming for the purpose of considering
the reasonahlonoss Of the rules that they
are MADE TO govern subject over winch
,ns 90 w. ,n,o ta,S ., ,aa @ n.
| 10 make any rules to govern tho subjects
| covered hv the rules in question. then
the unrcasonablenoss of its rules need
not he shown In order to obtain relief
against their enforcement.
| II does not appenr thnt tho rule nor
t.,,.... .,.,.,t .. -, -
| -
| pressing wlthln ioV mics OF the gun whcn
| no compress exists at the point OF origin
| M thc shiprnent aud thu noint Of ron.
.,...,,.,, ,,,,,,.,,,.,,, ara. 49, ,,,at,uo,.
N'"""''''' '''"'''"''' "''' "'' h'""'''
road. These rules are intended to cause
| the COMPRISING of cotton en- route to
| , anati,otio,, Ii, tbie ssf,ta To f,ciii,a n
'he iaF' part u t"o "i"' " 'he ocS'ina'ioh
| and could have no application to com
| pressing cotton at the end of n haul I'm
,,,s stota Who, 1oo ,niIea Of tho o,if Il,
''''' -
reached therc II no occasion Tor cohceh-
trating cotton at a point between 100 miles
and tina e,ilf for connrosslnf. To be hauiod
,,
'''o '''''''"u'' VI '''o maui anu c"V" SNIP
iH'Ht ~ I''N w " 'plliipil'h ny tHo Vtuel
rules as to COMPRISING in transit IL there
bo IA comnross an tho routo ,r,n ana .,
W
h"ui pet"'oh Po'u's ia thlS S'ate TO-
ward the gulf Is the gulf. aud If as to
shipments from one noint ia another with
In This state tho rosf nc banlirf to tJnus
ton for concentration might he refunded
all the rates In which tho plainiiff could
have any intercst womb he refunded I'm
such cases and It's haul wouJd be- win
ont COMPENSATION As,n interstate or IN |
ternational sbip,nents I'm which INC mimi
tiff would share tho throupb rato iron, |
the point of origin of tho shipment Win
carriers of freight ou,sd. Of mis- sto,n
win which /, wouId he oontent and IN |
which sbinn,cnts voula uto m rnf,,rn |
tbc cost nj concentration n. ttouston rn, |
compressin., ia meet comnetitive ratns 81 |
otn,er trters,ata ro,,,oa 4, nn,,s, ho .,ia
that tho rommissior rules do nat ANIL, |
and can mt he mndn to annlv 4, tbei, |
nreaont form A shinmen, on n ,bro,,.i, |
I'm ~ iad,no iron, n noin, In this ST. |
10 ,,'in, a., nr HE sat- Win NO
v,sin, Tn, s,onntng ana con,nrossI,,,, - H.,
transi, uo,,i1 rn ~, in,e,staTa shin,sort
Ana whi,e Tho state In Tho oxerc,ac NJ