The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-10-07


half. il never believed that the law re-
n ,iir If ~ treat tbe GaIyeston w Wharf
tomnony road ms coming, within the
class of railroads which il was empow-
cred to regulate. And that on the 3Oth
Of January last when the ouestion had
been raised AS TO its jurisdiction over
that road. it gave it's written opinion that
under subdivision 1fof section 1850 of
our Revised Statutes it had no jurisdic-
ton over that road. And on the 31st of
March last it gave its opinion in writing
it had no jurisdiction over the suburban
road extending from Denison to Sher-
man.
If il argued that as the third section
of the act under which the wharf COM
pany's track was built. gives it the
right ''to run its cars over any connect
Ing railroad. in accordance with the gem
eral railroad law of the state" that this
brings it under the jurisdiction of this
commission. The caption of this act
declares the purpose for which il was
passed to be as follows: AN act grant
ing TO the Galveston Wharf company the
right TO make railroad connection with
its wharves and the railroads entering
the city of Galveston This caption
contains no reference to purpose to
authorize 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 eX-
pressed in the caption of the act. 1t Is
not provided with engines. cars or any
other appliance to enable it to run cars
over other lines of road.
Article III. section So of our state con-
stitution provides ms follows: mo bill
(except general appropriation bills,
hich may embrace various objects and
accounts for and on account of which
moneys are appropriately shall contain
more than one subject which shall be
eynresspd in IFS title Rut if any sub
iect shall be embraced in an act which
shall not be embraced in the title. such
act shall be void only as to so much
thereof as shall not be so expressed"
This clause in the constitution has been
several times BY OaT highest
under it the third section of the act
under consideration is clearly void. So
that in our duty under this act we should
nretermit so much of the third section
ms authorizes the wharf company to run
it's cars over other railroads.
II is cold in ARGUMENT before rs that
ro i,roodS ike This wharf track were of
the family of street RAILWAYS. know
of no law or fact which would authorize
such a classification. Street railways
are not employed in moving. commerce
They are limited nearly entireiy 10 t!le
carriage of passengers, and they are, In
most if not all cases, operated by horse
power or by electricity. l have not
heard of one operated by steam. so
that I must conclude that this classihca-
ton is a mere freak of fancy. But II It
were an admissible classifcatlon l 40
not understand why the complainant
should invoke it. for street cars are Ger
tainly withdrawn from our jurisdiction
by the express language of subdivision l
of section 1880 of the Revised Statutes.
which is as follows, The provisions
of this chapter shall be construed to APP
ply to and affect only the transportation
of passengers. freight and cars between
points in this state; and TINS chapter
shall not apply to street railways nor
suburban or belt lines or railways III or
no doubt under this language that tIls
commission is forbidden to exercise
jurisdiction over street car lit ;I., anu oro
II beit ana SUBURBAN i,les VI ,r,noinie
of the same family, unon whae pranI, a,t
can we exercise lurlsaic.ioh , 1,ei on pa,e
OF the fnmil! ana reluse i.he ~ oe +ho
of jurisdiction over announcer part VI '"e
fcmily!
A great number of witnesses were
allied before the commission 10 testify
ms eyperts as to whether the wharf COM
nony's track was a belt line of railroad.
There was much conflict in the testi-
mony on this point. So that. 80 far as
the testimony of the witnesses is con-
ccrned. if we were without other means
of information on this subject. we might
decide it either way. SO far as we are
Informed there does not appear to have
even been any precise and accepted def
milton of n belt line of railroad. There
was argument that a belt line should be
circulor' we have in evidence map
Of tho belt line railroad of Chicago and
n man of the belt line railroad of Kan
sos CITY. Neither of these had any APP
rroach to circular line. The Chicago
hnlt limo is wholly within the city and
ia used as n means of transferring mer-
chandise from the terminals of the rail
roads which enter that city to other ter
minals. to the wharves on the lake
shore and to manufacturing establish
ments. and from the wharves on the
lake shore TO manufacturing establish
mnnts and TO the terminals of the lines
Of railroad which enter that city. This
bnlt line rms in different directions. but
bos no ,n onnrooch TO running in a circle.
,The Kansas City Terminal Railroad is
wholly within Kansas City. and is used
to transfer merchandise from the ter
minals of the railroads on one side of
tho civ 70 the terminals of the railroads
ON tho otber side of the CITY: is some
Gra n;los long and from the man before