The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-09

which Il was passed to be ~ follows; IAN
act granting to the Galveston Wharf COM
pany the right TO make railroad connection
with its wharves and the railroads enter
| ing the city OF Galveston" This caption
contains no reference to purpose to All
| thorize this wharf company to run Its cars
over any connecting railroad and the
Wharf company has not done or attempted
to do any such thing, but has confined its
action to the purposes expressed in the
caption OF the act. II is not provided with
engines. cars or any of the other appliances
TO enable 1t to run cars over other lines
of road
| Article III, section 35, of our State con-
stitution. provides as follows: mo bill Tex
cept general appropriation bills, which
may embrace various objects and accounts
for and on account of which moneys are
appropriately shall contain more than one
subject. which shall be expressed In its
title. But VI any subject shall be en-
braced in an act which shall not be EN-
braced in the title. such act shall be void
only as 10 SO much thereof as shall not
be SO expressed" This clause in the con-
stituton has been passed upon several
times by our highest court, and Its pur-
pose sustained. And under il the third Sec
ton OF the act under consideration IL
clearly void. SO that In our duty under
this act we should pretermit so much OF
the third section as authorizes the Wharf
company to run its cars over other rail-
roads.
1t was said In argument before us that
railroads like this wharf track We're OF
the family of street railways. l know of
no law or fact which would authorize such
classification. Street railways are not
employed in moving commerce. They are
limited nearly entirely to the carriage of
passengers, and they are in most II not
all. cases operated by horse power or by
electricity. | have not heard of one oper
ated by steam. So that l must conclude
that this classification is a mere freak OF
fancy. But II 1t were an admissible classl-
fcation, | do not understand why the COM
painant should invoke It, FOR street cars
are certainly Withdrawn from our jurisdic-
ton by the express language Of subdivision
Of section 1850 OF the Revised Statutes.
which is as follows: 1.-The provisions OF
this chapter shall be construed TO apply to
and affect only the transportation of pas
sengers freight and cars between points
in this State; and this chapter shall not
apply to street railways, nor suburban or
belt lines OF railway In or near cities aud
towns" There can be no doubt under this
language that this commission Is forbidden
to exercise jurisdiction oyer part of the
family and refuse like exercise OF )uris-
dicton over another part of the family?
A great number of witnesses were called
before the commission TO testify as experts
as to whether the Wharf companys track
was belt line OF railroad. There was much
conflict in the testimony on this point
So that, so far as the testimony of the
witnesses is concerned. IL we were without
other means of information on this sub
1ect we might decide 1t either way, SO
far as we are informed there does not ap-
pear to have been any precise and accepted
definition OF belt line OF railroad. There
was argument that belt line should be
| rfrplIInr NO havp IN evidence of
the belt line In Chicago, and map OF the
belt line railroad OF Kansas City. Neither
, OF these had any approach to a circular
line. The Chicago belt line is wholly with
In the city and is used as a means OF trans
ferring merchandise from the terminals of
the railroads which enter that city to other
terminals, to the wharves on the lake shore
\ and TO manufacturing establishments. and
\ from the wharves on the lake shore
TO manufacturing establishments ano to the
|, terminals of the lines Of railroad which
enter that city. This belt line 'uns In
different directions. but has no approach
TO running in n circle The Kansas City
Terminal railroad is wholly within Kansas
[ city, and Is used to transfer merchandise
c from the terminals of the RAILROADS on
b one side of the city TO the terminus of the
/, railroads on the other side of he city
: Ii is also used to transfer Merchandise
4 to and from the railroad terminals. II
s is also used to transfer merchandise from
# and to manufacturing and other large es-
S Adjustments TO and from the fairoad ter
I minals. 1t has no resemblance % a circle.
Z | snail assume that these two EXAMPLES of
$ belt line railroads give us as orrect an
ldea OF such a railroad as any definition
o could Tho Galveston Wharf company S
d railroad track is used for precisely the
same purposes as are the belt lin railroads
- OF Chicago and Kansas CITY, hat Is. to
= transfer merchandise between tn terminals
| Nrbf lt 4, al
the wharves of that company, and between
l the railroad terminals and c,tton com
presses and grain elevators
u II was contendc1 IN arrumeit that the
:, Wharf conpanys track was a mere term
- inal facility. and not n belt rairoid Ter
- minal OF what? Each of the five lines of
railroad which cnter that city has its own
u terminals. except the International and
y Great Northern and the Missouri Kansas
n and Texas, and they by contract use the
- terminal facilities OF the Ga weston Hous-
"a ton and Henderson Railroad ornpsny The
= terminal facilities of these several roads
Is consist in part of ticket and freight Offices,
n where passengers and freight are received
o and discharged, Of sldetracEi and switches
Y TO enable them to break up and to remake
, trains of cars. and turntables to enable
them to face their engines about. The rail-
roads entering that city have all these sep
II arate and distinct from the Galveston
d Wharf company's track. That track was
IS built under different chatter from that
e of any Of the railroads anc is controlled
= by different company and organized. and