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


amount OF merchandise of every character
destined to interior points in Texas and
the great Northwest, and over which, as
shown by the evidence. less local freight,
and more that is not local passes. than over
the same mileage of any railroad In tho
state. Yet |, Is conteGied that because. by
the terms OF It's charter the road is located
wholly within the limits OF the city, II Is
exempt frcm all control and freight rates
made or 10 10 made by this commission.
and may levy a tax In tho shape of freight
| rates upon this great volume OF commerce
| at pleasure. and that the lava OF Texas
prescribe no limit 10 which Il may so in
| levying and collecting this tax.
| IL is contended BY plaintiff that street
| railways and suburban or belt lines OF rail.
! way as used iu our railroad laws. Revised
| Statutes. article 6ts. section ~, article ASS
section !. and article ia52. section .. all be-
| long to the street railway family. local in
construction, local In the service they per-
| form and local in the territory they rcrve
| And that the defendants road does not
| belong 10 the street railway family. but IS
a terminal railway. and belongs TO u SUI
| perior or more important family. chartered.
| built and operated for more extensive pur-
| poses, serving tho whole country, and In
which the whole people have an interest
| and is therefore subject to the laws OF
| Texas and the freight rates and regulations
| prescribed by this commission.
| Let us analyae this law and sec what the
| legislature did and intended TO do when
| II enacted the railroad commission law OF
| this State. What did tho legislature mean
| by the Language, The provision of this
statute shall be construed 10 apply TO and
| effect only the transportation OF passengers,
| freights aud cars between points within
| this state" Here Is a fun stop or period
a complete sentence, and, in my judgment.
this language that no law could be sus-
tanned that sought to prescribe freight
| rates and regulations for the government
of interstate shipments. but only for the
government Of rates on shipments wholly
| within this State. The legislature there
fore intended by the words used. be
tween points within this state" to show
that IT did not intend TO interfere with or
! attempt TO regulate interstate commerce
Or leave the question open for S,ustruc-
ton. Again. II this language Is subject
10 the construction placed on II by de-
PENDANT that is that IL exempts railroads
chartered to run entirely within the city
limits. but connecting with trunk lines.
as does his Wharf company's road. Where
was the necessity for adding the balance
Of that Section which reads as follows.
And this chapter shall not only apply
To stree, railways, nor to suburban or belt
lines of railway In or near cities or towns, y
The construction commended for ny defend
ants counsel would render the latter part
of this section last above quoted entirely
useless and unnecessary, whereas We un~
derstand the rule of construction TO I've
that every part of the law should be M
held, and to be enforced and a necessary
enactment unless IL Ia entirely meaningless
and of non effect. The construction VIC
place upon the section viii retain 1T IN
all of it's parts as necessary cnactmcns
TO express the viii OF the Legislature The
first part refers to shipments entirely with
in the state. and the latter part to street
railways and suburban or belt lines OF
railway" And points" or places" on the
line OF a railroad. whether It lis a long or
a short railroad. or whether the road Is
located entirely within q city or extends
across the State
This charter was granted on the a,h day
OF August. 1870 long before the laws ol
this State authorized in terms the con
, strnucton and operation Of suburban OF
belt lines of railways. and long before thu
railroad commission law was enacted,
II will not be denied that but for sec
tcn q, Revised Statutes, article 6i2 gen
, cral incorporation act, and the exemption
above quoted Revised Statutes article
1850, section |. that this railroad would be
construed 10 be n railroad and public high
, way and public carrier under our laws
, and subject to regulation by the railroad
commission OF Texas.
q Street railways and suburban or bel,
a lines Of railway within and near cities and
towns are chartered under our law To dc
: "A local business in prescribed locality
I as contra distinguished from trunk lines
4 or terminal lines of railways In which the
!, whole people and commercial interest Of
, tho country have an interest, and over
= which they have the right to ship their
, products to and from the interior OF Texas
and to other States and countries through
: the port OF Galveston, or, In other words,
t the distinction | draw between the two
i classes Of roads is this Street railways
: and suburban or belt lines Of railway" are
o constructed for the accommodation of a
8 locality. the street line to be confined "a
r the streeis or lines OF town or city
/ and the suburban or belt line In no case
TO extend moro than ton miles beyond the
;, corporate limits of n city or town. In this
{ connection I refer to Revised Statutes ar
+ ticlo GAP, section q. and article 45sO. Sec
ton 1, and also to Revised Statutes ar
4 ticle 4952 section 9, the latter articles I'M
der the head incorporation OF Railroad
3 Companies which provides among other
/. things. that the charter shall state the
places from and TO which 1t Is intended TO
construct the proposed railroad, and the
= intermediate counties through which II ia
proposed to construct The samep provided.
D however. that local suburban railways may
be constructed for any distance less than
2 ten miles from the corporate limits OF q
J city or town In addition toe such mileage
as they may have within the same"
7 IL Will thus be seen that these suburban
s or belt lines OF railway are considered To-
cal roads confined TO LEGALITY. evidently
I 10 do local business, in which the gem
: oral public have no interest. Was II the
: intention of the legislature OF Texas to
I provide that railroad might be chartered
{ and named "a belt or suburban line begin
ming within the limits of city and ter
+ minatlng under its charter at point nine
miles from tho city limits. where It con-
meets with some trunk line, by lease or
Otherwise. and there receive all OF the
traffic OF that trunk line destined to the
| city or points on other lines beyond the
\ city, doing all the business IN kind and
volume Of a trunk line and still retaining
it's alleged right TO exemptions from the
tariff rates fixed by the laws OF Texas? ?
. We think not. Its traffic In such case
! would not be local In which a mere To-
cality was interested; but on the con-
r trary its traffic would be Of a public ma
ture. serving principally those beyond its
; locality. and therefore ceases TO be To-
! cal suburban or belt line road.
The intention Of the railroad commission