El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-10-08
A NOTED SUIT.
CJtton Men Think the State r. r.
Commission on Too High Horse.


A remarkable bill in equity, filed al
Austin Septem Der "a 1891, ana SET Ioi
hearing before Judge MaXev, for thi;
term of the United States court, comes
up on application for Injunction on the
18th inst in this city.
Geo. H. McFadden, J. Franklin Nc
Fadden. George McFadden and Will
liam P. jerks, of Philadelphia, and
John II. McFadden, temporarily OF
Liverpool, Eng, being complaint
against the Texas state railro Id COM
mission, Attorney General Crane.
Houston & Texas Central rail DAD, ST.
Louis Southwestern, San Antonio &
Arkansas Pass railroad, Santa Fe raj
road. NJ. K. & 7. railroad Fort Worth
u Denver City railrO I'd and Texas u
Pacific railroad, as follows:
Complainants are cotton brokers of
long experience and wide reputation,
having branch bOuses il other parts o!
the United S ates and in foreign cOun-
tries. They aver that their business
succe SIS depends on accuracy and falr
dealing. and reputation for the same
can not be maintained unless they and
heir agents are allowed to give per-
.onal supervision to details OF the II
business. Compartments show that
they have purchased 10 to 20 per cent
of the Texas cotton crop, and paid ID
Texas during the season OF 1860 over
ten millions Ct dola airs. They also aver
a ter detailed descriptions Of the
methods of conducting the cotton
business. that prior to the creati 90
of the Texas stale railio. ID com
t,sission, it was customary for
the Texas railroads to compress colt
at points in the interior, and pay the
charges of compression out of the rate;
or where j6 had been compressed by
the owner Or shipper. to make +
ference in the freight rate OF 90 cents
per bale. II was also the custom of all
the railroad companies in Texas, to
accord to cotton shippers the priv
ilepe of concentrating cotton in tn
interior. and in ali cases in which th'
freight rate was The same ftnm point
of origin as from tie point OF oonceu-
tration to final destination, tie com
panies carried the cotton from tie
point of origin to the point Of CO
cen tr tion upon local b lis of adm
for the local-rat3 applicable: ant upon
the same number of ba't OF tton
being rendered back to the rain, ad
com oanies, and the product on of Il
expense bill by the shipper, the local
charges paid were refunded to the
and the cotton was carried to
final destination upon the ra,e as
VIC toihH Va W.
centratiOn. This arrangement wss
satisfactory to all parties The state
railroad commission in Septe mher 1891
prom ul gated comm odity tariff, apply
ing on cotton in bales compress ed ano
actual weight in any
quantity, fixing rates So cents per
cwt, and made other provisions
which, however, were unobj-c-
tionable. But in a subse quent
order issued in July 1897, the railroad
comm ssiou promulgated q tariff No ]
B prescribing schedule of rates 10
100 pounds to apply by direct shor'
line mileage on all shipments Of cotton
in bales, actual weight, in any quantity
transported by any road between Texas
points; also that shipments of cotton in
bales forwarded from Texas points to
points outside the state shall be sub
ject to all the rules and regulations re-
gard ng the compression OF cotton as
set forth in sec ion of this tariff. Sec
8 says: When the concentrating point
is not in the direction of final destina-
ton, as reached by or over the lin
upon which the cotton originates such
line refund an amount sufficient to
make the following charges per bale
over and above the current rate from
concentrating point to final destination:
for distances of so miles and less %
cents; 10 miles and over so miles 30
cents; 100 miles and over 10 miles 80
cents. Cotton concentrated out of the
direction of destination for distances
exceeding 100 miles shall be subject to
full tariff rates without subsequent adj
iustmept as herein provided for other
distances.
Complainants aver that the Texas
state dconstitution does not give the
Legislature authority to create com
mission with powers to regulate the
com preston of cotton as a tempted by
the railroad commission, and moreover
tie Legislature did rot do so; apd
therefore, the regulate ms OF the com
mission are null and void. Moreover
the ru es do mo- prevent abuses and
unjust discrimi nation on the part OF
the carrier, and subject shippers tC
pr eiudce ard disaivau age: also, they
interfere with the operations Of the in
terstate railroad commission, and are
| therefore. in operative. plaintiffs
state as pecial gr'evar ce that the state
commission have fixed the rate on cot
| ton per weight Per 100 lbs, making NJ
distinction between compressed ant
uncon pressed cotton on the theory tina
| the cost and expense of carrying IN
com Or essed cotton is grea' or than tina
| of carrying compress ed cotton. requlr
ing the railroad company at the reques
OF the shipper to compress in the lint
of transit and paw, therefore, out o
the freight rate on said cotton. Com
plainarts cite extra expenses they ar
put to by action Of the commission
which is a prohibitory tax on theil
business and virtual coofiscation of it
expenses being for elias flying. mark
ing, weighing, or extra freights, q
extra pay for compression. This arbi
ltrary restriction of business is contra
ry to the constitution of the state an
United States. Complaiuants state a
great length the effects of the commits
sion's action upon the m any branches G
their business, and claim that the cos
of maintenance of agents and emplOYe