The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-02

oist Oh Mhrcn last u gave ita oprlon in
provision 1t had no Jurisdiction rvcr the
suburban road extending from Deuisss 20
| Sherman -
1T is argued that as the third section Of
the act, under which the Wharf company .
track was built. gives 1t the right to run
It's cars over any Connecting RAILROAD. IN
| ACCORDANCE with the general railroad law OF
the state, that this brings 1t under the
Jurisdiction OF this commission. Tho cap
ton of this act declares the purpose for
| which 1t was passed to be as sollows.
An act granting to the Galveston Nhsrf
company the right to make railroad con-
nection with Its wharycs and the railroads
| entering the city Of Galveston This cap
ton contains no reference to a purpose
10 authorize this Wharf company to run
| Its cars over any connecting railroad, but
| the Wharf company has not done OF at
| tempted to do any ouch thing. but has con-
| fined its action to the purpose expressed
| in the caption Of The act. 1t is not pro-
vIded with engines. cars or any other ap-
| pllance to enable II to run cars over other
| lines OF road.
Article 8. section s6, OF our State Con-
sttution provides ae follows: No bill tex
| cept general appropriation bills. which may
| embrace various objects and accounts for
and on account OF which moneys are APP
propriated) shall contain more than one
subject, which shall be expressed in its
title. But II any subject shall be embraced
in an act which shall not be embraced in
the title, such act shall be void only as to
so much thereof as shall not be 80 ex-
pressed This clause In the Constitution
has been passed upon several times by our
highest court and its purpose sustained.
And under 1t the third section Of the act
! under consideration Is clearly void. So
that In our duty under this act We should
pretermit SO much OF the third section as
authorizes the Wharf company to run it's
cars over other railroads.
ut Is said in argument before us that
railroads like this wharf track were OF the
family of street railways. know of no
law or fact which would authorize such a
classification. Street railways are not en-
pioyed In moving commerce They are
limited nearly entirely to the carriage OF
passengers, and they are in most IL not In
all cases operated by horse power or by
electricity. ] have not heard of one OPP
Grated by steam. So that must conclude
that this classification is mere freak Of
fancy. But If 1t were an admissible
classification do not understand why the
complainant should invoke II, for street
cars are certainly withdrawn from our ju-
risdiction by the express language OF sub
division ! OF section 1850 OF the Revised
Statutes. which IL as follows: The provis-
ions OF this chapter shall be construed to
apply to and affect only the transportation
OF passengers, freight and cars between
points In this Stale. and this chapter shall
not apply to street railways, nor suburban
or belt lines OF railways In or near cities
and towns There can be no doubt under
this language that this commission Is for
hidden to exercise jurisdiction over street
car lines. And IL belt and suburban lines
OF railway are OF the same family upon
what principle can we exercise jurisdiction
over part OF the family and refuse a like
exercise Of jurisdiction over another part
OF the family?
"a great number OF witnesses were called
before the commission to testify tbs experts
as TO whether the Wharf company's trick
was belt line Of railroad. There was
much conflict In the testimony this
point. So that, so far as the testimony OF
the witnesses Is concerned, II we were
without any means Of information on this
subject, we might decide 1t either way.
So far as we are informed there does not
appear to have even been any precise and
accepted definition OF a belt line OF rail-
road. There was argument that a belt line
should be circular. We have In evidence
map of the belt line railroad Of Chicago
and map Of the belt line railroad OF Kan
sas City. Neither OF these had any ap-
proach to a circular line. The Chicago belt
line is wholly within the city and is used
as means OF transferring merchandise
from the terminals of the railroads which
enter that city to other terminals. to the
wharyes on the lake shore and to manu-
featuring establishments, and from the
wh.rves on the lake shore to manufac-
turing establishments and to the terminals
OF the lines of railroad which enter that
city. This belt line runs in different d.
rections, but has no approach to running
in circle. The Kansas City Terminal
railroad Is wholly within Kansas City. and
Is used to transfer merchandise from the
terminals of the railroads on one side OF
the city to the terminals of the railroads on
the other side of the city. is some five miles
long and from the map before US seems TO be
In pretty straight direction across the
city. 1t Is also used to transfer merchan-
disc from and to manufacturing and other
large establishments to and from the rail
road terminals. 1t has no resemblance to
circle. shall assume that these two
examples OF belt line railroads give us as
correct an ides OF such railroad as any
definition could. The Galveston Wharf
company's railroad track is used for pre-
cisely the same purpose as are the belt
line. railroads Of Chicago and Kansas City.
that is. to transfer merchandise between
the terminals Of the railroads which enter
that Guy ana the wharves Of that company
ana between the railroad terminals and cot
ton congresses and grain elevators.
1T was contended that the Wharf com.
pany's track was mere terminal facility
and not belt railroad. Terminal of what?
Each of the five lines of railroad which
enter that city has its own terminals. ex
cept the International and Great Northern
and the Missouri, Kansas and Texas, and
they by contract use the terminal facilities
OF the Galveston, Houston and Henderson
Railroad company. The terminal facilities
Of these several rosds consist in part OF
ticket and freisht offices, whfre passengers
and freight are received aud discharged, OF
side tracks and switches to enable them
10 break up and 10 remnke trains OF cars,
and turn-tab to enable them to face
their engines about. The railroads entering
that city have all these separate and dis
tinct from the Galveston Wharf COM
rany's track. That track was built under
a different charter from that of any OF the
railroads, and is controlled by different
company and organized, and Is an indie
pendent rcadbed, used simply and solely
for the purposes hereinbefore stated.
"The Wharf companys track is not
terminal railway and Is not suburban
line. IL is not street car line. II Is belt
ROT .rrax- L. for Ia.