The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-04-29
|IIlREsS CASE DECISION.
.,..,oo Has Power to Regulate
COMPRISING of Cotton
l. Of JUDGE FISHERS FINDINGS,
.,,,,, ne Caused Much 1ncon-
and Put 10 Extra EX-
nense by the Rules

.. rs,as. April 2s.-The court Of
,ppe.ls handed down the , ,o'' -, ,no
y M, morning in the cause OF the
.n,Teyas Central railroad against
abroad commission wherein II was
!, :, .p,on the latter from enforcing
aa to govern the compression Of cot
,,o,n COMMISSION OF TEXAS,
l lnMva, va THE HOUSTON AND
l.s sA1c CENTRAL RAILROAD COM
i nm Appellee; appeal from Travis
tsanw. A.. .,
..r b. appellee, the Houston and Texas
,.,,,l Railroad company on October 81.
NJ .ssinst the railroad commission OIL
y, upds the provisions of the act, APP
,,,,,s April 8, 1891, providing for the
...,ao, q, railroad commission, for the
,r,,,,. oi having declared unreasonable.
,,,, and unjust the rules and fogula-
,,,,, subshed by said commission in
...,.,y to the compression and concen-
.,,,s. Of cotton, as shown by a copy OF
~. r,as and regulations set forth in
,hI,ts's petition. and praying judgment
rwllIrg annulling and setting aside said
mia nd regulations in so far as the same
,yled TO appellee, ana perpetuaily Gu
,s,.f the railroad commission Of Texas
spu spiorclng the same. The grounds of
h, ,roa were, in effect, first. that the
,itaa commission of Texas was without
n.g and authority, under the law, to es-
irssh The rules and regulations in ques-
iii: second, that the rules and rcgula-
ty, we're unreasonable, unfair and unjust
d t,,ir application TO the plaintiff. and,
lin that the railroad commission was
r,yirg and seeking to enforce the ap-
,slion Of such rules and regulations
i De transportation OF cotton from points
vii, The State OF Texas to points In
III States and in foreign countries
.ryie and foreign commerce. The
rz,is Of action were set out in detail
s2palntii's original petition.
4. defendant answered in due time by
rs1l and special exceptions, by plead
hi. general issue. and by special pleas
s;a need not be stated here.
istsse was tried before the court with
ct Jury and resulted in a judgment in
hrs Of the plaintiff, granting the re-
IL Hiyed for In plaintiff original pc
st,
~ first grounds urged in the attack
f' The rules and regulations complained
we disposed of in an opinion by the
rsane court adversely to the contention
F2elee. We certified to the supreme
e.H The question whether the commission
W NE authority to make and promul-
ph zoe rules In question and that court
III mat such power existed. Reference
ale 10 the opinion OF the court upon
w question, and as the rules complained
sre there fully stated We deem II I'M
Easafy to set them on; here, except to
i1e 'nat they, In effect. require railway
saAhes transporting cotton. upon re-
W o. the shipper. 10 have il com
rssea al Inc initial poirt or at the near
"upless thereto on the line of route.
iaele 10 no force In the third opiec-
Dot The purpose that thew sh oyi' anS,, was
,bs ,,.' ss'pmcn's, nor do the facts in
,o s'V'a SHOW that any effort was made
Ar, ss s. laen such an application. The
s, ,s' unalns Of fact OF the court below is
~, ,D s., ue sppellee on this question, and
,,., .'ius me ease, We do not feel called
r,~ ~, aeelde the question whether the
l,t,, sOn can Apply is rules and regu-
@ to interstate sbinmon ",'' ''''on OIL cot
Tie only question tb,. ro,,,tn, s
'feiie is that r.;so o'a T.. ','l'alhS Tor US
lxt9a to the ru,os on, VI w, second on
+ shsther thew I nrs aliu roshiatlons-that
" shich applied 10 The Ina ~ soo oIu un
faSy appellee. WV ''''' u ROAD oper-
n court below s,oa o,.,.
ssa need no, bo mn , ','alols oi iacl,
ss and resu,ations Coh.iHded that the
ziis-ning the cnmn OF 'he commission
ssSs, and unrcasn p,JSsloh OF cotton were
AspItlee '''i'o'o "heh applied to
he correctness % .,..,
siIOusl, ' oras, 81 some of these findings
u s q The facts stated r m ,he rcco ana
: INST differ with Nv N"own TO all men:
a@relusions WIN 'he court i'll some of
Al ,be ouise, ,o,.
~ u The facts s rp,ore discussing the eff
,n court. we dn a';u 'ne conclusions of the
,snaad to bs s"e 10 state what we un-
MI, ss.a'ioas are reasonsblc orr 'nr rnes