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

~. GA, made by the raiiroao 'ol'
q today; =, ., vs Galveston
= many ct al, before the railroad
mission Of Texas . -, heard he.
..u.e coming on to be heard De-
I. abroad commission of Texas on
!. a,y Of January, A. d. ISL"
...aoon the plaintiff, by leave OF the
.,.,lou filed their supplemental pe''-
' ,,o defendant, the Galveston
J company. by leave Of the commits
49, an amended ansAer as substl-
], Ia a. original answer, and by agree
:, ,,s ar,ies the case was contln-
~, ,be sth day of January, at which
n r.rtics at interest appeared ana
- ready for trial upon the plea
|. jurisdiction filed by the Galveston
company. and upon which pea IL
a.,s.sd that the parties have leave 10
w., evidence. Whereupon the near
s..dsd from day to day until the
snu Of the argument ON the z,sh
y January. 1887, When the coinmls.
~ the case under advisement until
,ss sth day of February, A. ID. 1897.
a. commission. after hearing the
Hss. read the evidence adduced and
snse, a counsel. 1t is ordered, adj
VI and decreed, by the railroad com
I'm Of Texas, Hon. John II. Reagan,
nm dlssenting) that defendant
n the Jurisdiction of this commission
"A ne same is hereby overruled. And
MI commission has jurisdiction Of
{rIroad owned by the Galveston Wharf
uary in the city of Galveston. the en-
cnept Of which the railroad commits
4 charged, as well as all other laws
4, State 10 railroad companies as COM
carriers.
n further ordered by the commission
the further consideration of this case
kStpoued until the 23d day of February
4. 1891, when the subject OF establish
lie rates and charges to apply on all
Of treigh,s as indicated by circular
s;S, issued by this commission, dated
snber %. 1896.
Is further ordered that pending the
Der consideration Of this case, and un-
Further ordered. that the order of this
Emission, containing the judgment rem
N in this case on the 14th day Of De-
kher, 1896, as to the then existing rates
said road remain in force.
b al the foregoing order the defendant,
Galveston Wharf company, excerpts.
l.. j. Storey.
Allison Mayfield,
Commissioners.
ellowme b the text of the opinions
ded down BY the commissioners in the
Ne case
WHATSOEVER MAYFIELD'S OPINION.
L. Moody & Co. ct al VS.. Galveston
nj company.
" plea 10 abatement invoked by re-
nj, the Galveston Wharf company,
~ for our consideration and de-
aSuon two important questions as
M
nether or not the railroad owned
santained by respondent is, within
RAINING OF the constitution of this
nat character Of a public, highway
Which the legislature IL commando
Anaie freight and passenger tariffs;
Ma II be a public highway of that
s'sr' whether or not the legislature
wa'e'red the power. and imposed the
upon the railroad commission of reg
W such tariffs.
Galveston Wharf company was
aA,iy Incorporated by special act
. Mslslaitre, entitled AN act to in
W 'ne galveston Wharf and Cotton
,g us company approved February
\" anu the purposes of the corpora
~ 70 Dc inferred FROM the title of
~ creating 1t. This special act was
~ M " supplemented by special vet
n 'ssiature, approved February II,
y Nnien 1t appears that the name
y sA1ased to that of the Galveston
!. company" A special act OF tbe
n wi, was passed August A.. 1870. en-
~ na act granting to the Galveston
company the right TO make rail.
r, vuneeuon with their wharves and
,nS entering the city OF Calves
~ gu granting to the Galveston whar,
st,. s ine right to make railroad CON
1, WI, WIN their wharves and The rail.
ktr, x.'e,ihg the city of Galveston
n n ,ha pc II enacted by the legisla.
kon WIZ W. s'ate Of Texas. That the Gal.
co,,rn"n.i company shall have the rIahi
hnsns,u. own, and operate a railroad
1, A. aug at or near the present term,
4 ps,s aepot OF the Galveston Uous,or
bcs aren railroad, and running thenc,
(ns wbsrt a until it has crossed
Or ,lna aud thence along Ayenu,
h end , ~ 70 the north thereof. TO IN,
\ ,tr.s,s " uslveston island. and n cros,
Elnad aad alleys on the route of snct
lsk a. s a 10 build switches from m,
Isry.. Ssia railroad. 10 each NJ ,h' IN
EepsSa,o l said company; nrov,ded ,h n'
EsH on s ,a,a railroad crosses Rean',
|nouts . assnue a, it shall run switches
|,rsOi u s, ~. switches. etc. To tho y hea,
bari ana equnsled by the owners NJ soit
|cier ro,,, saail furnish all NECESSARY ,ns
lshs whass Stock upon said switch n,
Esiye viii, i to enable said wbars =,
sad whsr, "spalch all articles v,hippet
llpnent sns or coming TO said wharf 70,
kss lapasd ,a 70 load and transporf Nil AZ
hr md ss at said wharf, and sbsi al d a.
|aatcb ana SaoVe the same with the son,,
|tioes ~ upon tli- same terr,,. -, ~.