The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-12-17
MOODY vs.. WHARF COMPANY
Commission Assumes Jurisdiction nj
the Terminal Trucks.
JUDGE REAGAN DOES NOT ASSENT.
Holds Tint the Courts mud Not IN.
Commission iins Power to give
Relief to the Plaintiffs.
JDGE REAGAN DOES NOT ASSENT.

eowh by Commissioners Storey and Stedman
in the case OF w. l.. Moody 4 Co. AGAINST
the Galveston Wharf company.
w. l.. Moody & Co ct al VS.. The cal.
weston Wharf company; before the railroad
commission of Texas.
On the 4th day of August, 1870, the Gal.
weston Wharf company, corporation
chartered by the Legislature of Texas IN
lsai' was authorized by act OF the legls-
nature OF Texas TO construct. own and
operate railroad commencing at or near
the present terminus or depot o, the Cal
weston, Houston and Henderson railroad
ana running thence to the new wharf
o"heu ny snid company, and thence along
Avenue until II has crossed bean \ wharf
anu thehce along Avenue A, or a line north
island" N''''
Inc second section OF this net authorizes
the construction OF this road 40 Ms TO
MAKE connection with all other railroads
entering the city OF Galveston and the
whar'es IN front of the city
Section provides THAT said railroad
snail have the right to carry and transport
persons ana freight ON said railroad. ana
chhlSe ana receive reasonable com ), asa d.
'loh therefor. ana to run their cars over
any connecting rdilrpnd i'm No ,oul,u., "A tn
the general railroad law of the state"
49,, hdcr TINS act OF the legislature the
wharf company has CONSTRUCTED its rail
road and made It's connections win nil
other railroads entering Galveston civ mud
extended Its line to the several NparVcs
along the city front having nbout ,hJr,v.
two miles 81 track
II Is admitted that IL does not own any
rolling stock of any Kind but .h,r,.s ,nc
lnY 2
ia run ON or over any pnrt of lis rnad and
destined To Galveston and l,nt this 10 Ia,
addition 10 its wharf CHARGES
The first question for our considerations
is, has this commission urisli,,I,n 49,
this railroad. and IL It subject To the rules
regulations and freight rat,s made and Ia
be made by this commission
If it Is what Ia Termed 1paor o,,. ,,,,
"a street railroad IN AuhurAan roIl,,od =,
or belt line railroad We hnvn nm ,'ri,
diction over It and demurrer pros,.ntcJ la,
the defendant .bould hn sustain',d ANY,, ~
case dismissed. ar S.Art.45SOl
IT, however II Is neither n street rptl.
road, belt line railroad nor Huhuroan rail
road, IT is under the control and supervision
OF the commission and the demurrer should
b" oVcrruled.
we all agree that 1t Is not street rail
way, ana the majority of the commission
eohVluu's lhat 1t Is neither belt ltuo''
nor suburban railroad
we holu tha' Tue reason for that proyi-
',on W the Jaw th'S Art l5sO) declaring
'hui lhIs 'hapier snail not apply To street
'"i""Ss' hor SUBURBAN or belt lines OF
'"mW"y VI OF near CUES and towns, is be-
So VI ,ne i"Vt maj the business OF such
' ", '''' ~ Tvs nature, anu n Hhlcii
,,, 80 ,i' 'n"' '"e pup'i' generally u
wv, i"e, 'S'.u'
,nrnnrh ,,no ."'t hs, su'h as trunk lines
,,r,,,ts,ai t, ","n'n 'iues, zap roads and
nraIiy a,a ~, "v VIM" ne people gen
| ,nd n,,at ,,ns. u, Nu u w SN'to car
| thron,h ar .oi,,,, Vn,t"t NV ,aHhIhe
the mort Of Gniyostnn VI r"' ,i n'a'e 'pr3us,
he public ponrrnlIv onI ,'s III WIFI
rnliiv ia intnrost,1 an, ~, '' nioiu ~
subject 10 the law ma to tbo r,,.,. -
| lattons and freight ra,cq n,,in hv ~, ' 'S"
mission, aud IL makos no ,lIgferon'.o .ha,hr,
! this Is n terminal lin, or n mn Mn M,
| the rights and responsihiIittes ~ n ,,u,,i
| line.
! II II is "A terminal railroad tho la, nr,,
vidcs. In section 90. of article Gao ~ th.
Revised Statutes. thni sais ronnanies .,,ai
| have no right 10 chareo nthsr ,,i,rn,d
for terminal facilities hovonI n,ha, ,,,',
he prosorihed by the rallrond rormJss,",,
| and while this road seems T., hn a,1o,a,,.
ms a terminal railroad In point ~ fac, ,
| IL provided. in the act Of Aunus, A IS7n
| ltlthDrtgiUE liz construct lon that soi1 rn IA
| road shnu have ma rlgh, "in ,n,, a., .,ar
over any connecting railroad On n,,nra,,,,n
with tho general railroad law nr INA stato
| Herein is liza cbnrt.rcd rirht tn h| ,,a,ta.
M a trunk line. Whatever rirbI n trr,nl
| line has under tho laws of Twas a., o,.
lts cars over lts connnctin, limos 10 nossns
sod Inv his terminnl railroad
| II il also snon nv rnfnrancc -, ,.,o,,o,
NJ mis- me-, tim, n Ma. mo ri,h, "to carr
and trnnsnort nersons onI frcic,t n, ,a,
rona ana ehnrr, and rnr,Ive rcnsnr,hi
componentiou therefor in accord
anco with mo .onrr,l r,,tr,oa ,n,, ~ ,h
state +" From which 4, ia soon maj RI
lerie,otur, Intended INN tbc frctrht rat
nn1 passenger fnre should hr governed nm
rontro,led Inv Tho laws If Texas ana a
,btg 10 nav ,oautrot hv law ,n a., do,'
,hrourh nna hv tho railroad commission a
r""s" "''' no wv a"r an,v ~ oss,,n,
'urlS1iction nf this road and nr,.,c,ihe fo
il h,s, nnd roasorahIe comnensation IN
,ho '" "orvicc 4, NAV lrrniiv render
Nae 4, NAV ,s "o,,onSeh tnot au NJ III
.,to',s - .,m,airr1 a., ,hn ac, ~ tsTo ore M
,.'.,.s,a ,n ,t,n nan,ion y, ma, ect mn
nhr 49, Mot er,on, uncnnstitntiona
| Ah"t ~ - ~ A'"' ~