The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-03
pised legal right and has no, violated any

cotton rendered on the 2sth day Of septem
Der, 1896. at Boyd, Texas, by the said
George II. McFaddeu & bros. as stated in
paragraph 25 above. and in receiving said
twenty-five bales on September 90, 1896.
subject to, tho condition imposed by re-
spondent that 1t would not refund the
transportation charges to Bowie. and In
receiving cotton from other persons as
stated in paragraph &c above with the taclt
understanding that the TRANSFORMATION
charges would be refunded In consideration
OF the cotton being sent to the Bowie com
press. respondent was guilty OF unjust dis
elimination. consisting OF the willful viola.
tlon by respondent OF thse portion OF sub.
division (a) of section 10 OF the act OF the
legislature OF the State OF Texas OF April
s. 1891 creating the railroad commission of
Texas and defining its powers and duties,
which makes II unjust discrimination for
any railroad company amenabe to said act
TO subject any description Of traffic to any
undue or unreasonable prejudice. delay or
disadvantage. since by said conduct OF re-
snondent stated In paragraphs 25 and 90
II subjected cotton originating at points on
It's line In Texas and desired by shippers
10 be concentrated at the Independent COM
Press Mt Bowie, to undue and unreasonable
prciu,sce. delay and disadvantage to which
II did not subject cotton expressly or tacit-
~ agreed to be sent 10 the Bowie compress
al Bowie. and that hy reason of said viola
tion of said act In the particular indicated
respondent has incurred liability for the
INenaltv prescribed In said subdivision ta)
OF said section IL :: said act.
ST. That under the circumstances in re-
fusinr 10 receive tho foriysix bales of
cotton rendered 1t on the 18th day of Dc
tobpr 1Se6 nj Doyd Teyas nv .he osorc-
said George H. McFadden & Bros as
stated in paragraph o. above. unless shin
ner would state on the bill Of ladlng ono
charge refunded" AID In receiving cotton
from other persons. ms stated In paragraph
9s ahove with the tacit understanding that
Tho tronsnortatton charges could he re-
funded in consideration Of tho cotton being
cont to ,bo Rowie romnrnss resnondcnt WINS
guilty n, unjust Discrimination consIstine
ir Tho wtlIful violation nv RESPONDENT ~
,bot NORTON Of subdivision (a) o, section IL
NJ tho nct NJ tho legislature Of the State
~ Teyas NJ Anril 2 1891. creating the rail-
read commission Of Texas and defining Its
rnwers and duties. which makes /, unjust
Discrimination for any railroad conparv
nmenabIo ia said act IN subject any de-
scrintion ~ traffic 10 any undue ~ unrca-
.opahIe nreiudico delay or Disadvantages
eince bv said conduct Of respondent stated
in nar,yro,,bs "a and 2G II subjected cotton
originatinr M points on its line in Texas.
and desired nv tho SINNERS TO he conccn-
rated M Tho Independent compress at
povin Ia undue and unreasonable pro1u-
dice DELAY and disadvantage. TO which It
did not subject cotton expressly or tacltly
nermitted or agreed to be sent 10 the Bowie
COMPRESS nj Bowie for concentration. and
that nv reason of said willfu violation OF
soid not in the particular Indicated re-
s,,ondent has incurred liability for the
psnaItv prescribed In said subdivision faj
of said section rs of said act
~ That by reason of the refusal OF re-
snondont to refund to the said George H.
McFadden a Pros. tho TRANSFORMATION
charges for locating into Bowie for con
centration on that portion which originated
on respondent's line OF railway in Texas, Of
the Ibis of cotton of 100 bales each ten
dered to Il by said George II. McFadden &
pros NJ powle Texas. on the 9th the
qf,h md 9th DAYS respectively. of Octo-
ber 1So6 nc found ana shown In paragraph
~ above and Nv reason OF the rcfunding
r. nther narsons of The TRANSFORMATION
charges for Yocaling ito Bowie for con-
centration n, cotton rendered BY other per-
sons rs shown In paragraph % above. the
RESPONDENT was guilty Of unjust discrmi-
nation consisting of the willful violation BY
rcsnondent of that norton of section Is of
- -. fa.;s,n.,,,, ~ Tho ct,,o Of