The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-04-29

resting upon the commission partly iudiciai
In character. Hence the reasons for ,h,
RUE that places upon the court the duty
TO determine as a matter of law II an mr..
dinance is or is not reasonable should h,
applied In ascertaining like uuostinp
when the rules and regulations of the con,
mission are up for construction In view
OF this principle. In determining the effac,
OF the rules and regulations. VIZ should
consider all OF the facts in the record
ana give them such effect as they may be
entitled 10. This Is not n case in which
TINS court is undertaking to decide between
conflicting evidence or to determine tba
credibilitv of certain testimony. and tberps
by usurping the province of the trial corr,
10 find the facts: but II is one in which
this court feels authorized to differ Win
the trial court as to the effect to be given
TO certain facts found In the record. when
considering all of the facts in their entire
range bearing upon issues involved in the
case. We do not undertake to reconcile a
conflict in the evidence upon disnuted
points. but we claim. in a case of this char
acter, tho privilege of determining tho Of.
feet TO be given to all the facts; and con
sidering the facts in their strongest light
favorable to the railway company, we may
claim. as we Will endeavor to show. thu,
they do not warrant the effect given TO
them by the trial court. In other words tn
simplify the proposition. We do not feel
that we are bound by the findings or con
structions placed upon the facts bv the
trial court as his findings, in effect arc
simply deductions drawn from all the facts.
Whether the rules are reasonable or un-
reasonable depends upon what effect a
court will give to all the facts bearing upon
that question. and in the exercise OF this
function our jurisdiction equals that of the
court below. Consequently we are at iber-
" to ascertain the effect TO be given to the
iacts ana what they establish.
This much is said in view of the dispo-
sitloh we make OF the case in reversing the
Judgment of the court below and rendering
Judgment in favor of appellant as at one
time we entertained a doubt, in reversing
the case. the power of this court to 20 so
TAR as to render a judgment differently from
that rendered by the court below.
The court below found that the CON
presses along the line of appeileo's road in
the interior are able with due promptness
TO COMPRESS cotton to the density required
by the commission rules. ard that these
congresses afford reasonable protection
from fire. We adopt this finding as cor
rect. and also find that the cost and eN-
pense of unloading and loading cotton at
the compress points on the line of road are
borne by the congresses. without charge to
the shipper or railway company We also
find that much more cotton can be loaded
upon cars for transportation when COM
pressed than would be the case If not COM
pressed. as the compression of cotton to
the density of - IL pounds per cubic foot.
as required by the commission rules. re-
duces its BULK nearly one-isit'
The benefits to result in comprising cot
.'l az wv . ~ ,, -, in,t,, ~
renuirod bv the commission rules we find
to be in reducing the bulk of the shipment,
thereby placing me cotton IN con1 i.i'
~ oe ''at ,, In ,a,,a. ho,ds ar crs,ys 10
operate them thereby to some extent de-
creasing the expense to the railway com
panF III transporting we S'I'on ~ N.' NJ,
raiir,a,, cannnonv for its use md for the
benefit of the public, more surplus cars and
rolling stock mat may he seryiceanie
III lie sthe'a, '""'N nv c;,tai e.. ,ne
Iii In many vnvs notably in that. in re-
duciug it's bulk nearly oue-halt, it can be
more eXpeditiously transported to market
anu NOR iea .it NO. -, rna,,irinp com
nrossion of congresses nearest to pont Of
shinment will so distribute the cotton at
congresses along the ifnes VI rua' "s VIZ ~
,.n,,,,,,.ossto, ,han would he the case il
hauled to Houston and Galveston for COM
preston, for the time required III MAKING
the maui 10 1lose po'u .'',, 49, oo.,on a,
i ~ IA, oI,, delivered by the railway COM
panv to the nearest compress after receiv-
ing It,
We also find that IN order lot 'he
railway company to comply win inc
commission rules II VIII be pun 10 Sorle
Inconvenience and delay IN switching
cars and placing them at the compress
points on the line OF It's ROAD WneFe
thew have no switch crews, ana tha'
this will be attended with some extra
.,,.,,.,,,..,, A., ,,,, railway co,nnanv greater
'A'VN' - -
than would DE 'he e"se II '"'S
allowed to transport the cotton direct
~ TO Houston for compression; and that
=. ,,,o =, ,heso co,rprass roints ,hev
at soi'o VI ''.'
have no regular swltohihs crews S'"
toned. but at some of the compress
no;r,s nm tho line they have switch
aot ,,,,oo. ,b,s dcIov
''e"s' an" at S"N" p'"N'' '''''
and extra expense VIII mol occur
VT also find that the congresses at