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

sonablc to believe that the legislature In. |
tended the commission to regulate the tar |
IFS Of the ONE and exempt the otncr,
No doubt II II was meant to relieve the
commission Of jurisdiction over street ,ail-
ways and belt or suburban lines Of railway
performing the functions ordinarily belong
ing to street railways wholesome par ose
was accomplished and such should be the
| construction Of tho exemption; otherwise
many OF the evils in which the public gen
orally are vitality interested sought to be
remedied by the commission act would be
| unprovded for.
/ can not believe /, was in
tended by the legislature to re.
serve TO itself the power OF rcguiat-
| ing freight and passenger tariffs on short
| lines OF railroads AMI at the same time
| confer uron the railroad commission the
power and commit to 1t the duty OF reguiat-
| Ing like tariffs OH what are usually termed
| trunk lines Of railway.
| Personally. II is to me a matter OF su-
prone regret that at the threshold az my
service in this office am forced to a con-
clusion different from the veil considered
| opinion of our distinguished chairman.
| In my opinion the plea In abatement
should be ovcrruled and the commission
should proceed to prescribe Just and rea-
sonahle tariffs on the Wharf railroad.
| Allison Mayheld.
| Commissioner.
COMMISSIONER sToREY's DECISION.
| w. l.. Moody & Co. VS.. Galveston Wharf
company. No. &c. before the railroad conf
mission OF Texas.
In 1870 the Galveston Wharf company,
by special act If the legislature, was grant
ed authority TO build and operate a railway
In the city OF Galveston. Texas. The en-
| tire caption and act Is as follows;
| An act granting to the Galveston Wharf
company the right to make railroad
connection with their wharves and rail-
xt.k.x no. .t. - f-..t.
| Section provides: THAT the Galveston
Wharf company shall have the right TO
construct, own and operate a railroad. COM
menciug at or near the present terminus
or depot of the Galveston. Houston and
Henderson railroad and running thence to
the new wharf owned by said company.
and thence along avenue until it has
crossed Beams wharf. and thence along
avenue A or a line to the north thereof TO
the east end OF Galveston island. and to
cross all alleys on the route of such rail-
road. and to build switches from the track
of said railroad TO each of the wharves Of
said company. provided hat whenever said
railroad crosses Beans wharf on avenue A
it shall run switches turnouts. sido
switches, etc, TO the T head thereof ii re.
quested by the owners of said wharf. aud
shall furnish all necessary ANA proper roll
ing stock upon said switch at Beams wharf
to enable said wharf TO receive with dis
coming to said wharf for shipment. and 10
load and transport all articles landed at
said wharf. and shall deliver and remove
the same with the same dispatch and upon
the same terms and conditions that articles
are received, taken and removed from any
other switch at any other wharf along the
line of said road. and in case IT shall be
necessary to run across any private propeT-
ty for the construction OF said railroad tho
said company shall have the right to up.
propriate and condemn the same on pay
nent of the fair value thereof by agree
, ment with tho owner or owners. or in con
iormity with the general railroad law of
the State"
Section 2 provides: That said company
shall have the right to make connection
, with the Galveston, Houston and Hender
!, son railroad in case OF ANY change IN the
terminus or depot of said railroad and witt,
, any and all other railroads which may at
any future time enter the city oil Calves
ton"
. Section 3 provides; THAT said company
shall have the right to carry and transport
= freight and persons on said railroad. aud
= charge and receive reasonable compensation
q therefor and to run their cars over any
r connecting railroad In accordance with the
: general railroad law Of the State
3 Section provides; THAT this act take
n effect and be In force from and after Its
n passage" Passed Angus, A. 1870.
I The question now presented for our con
q sideration by the plea to the jurisdiction Of
g the commission is this: Has the railroad
A commission of Texas the same authority
under the constitution and laws of this
h State over this railroad as over other rail-
: roads. that Is, ito adopt all necessary rates
o charges and regulations 10 govern aud reg
4 ulate railroad freight and passenger tariffs
= the power to correct abuses and prevent
v unjust determinations and eNtortions In
a freight and passenger tariffs or the differ
! ent railroads in this State and enforce the
& same by having the penalties inflicted as
Z by this chapter prescribed through proper
$ courts having jurisdiction" tSee Revised
4 Statutes. chapter 10, article 456a)
@ This is what the Plaintiffs ask US to do
while the defendants, the Galveston Wharf
d. company. denies our jurisdiction to thus
a adopt necessary rates, charges and regu-
O lations to govern and regulate freight and
Y passenger tariffs on said railroad"
On the 18th day OF December last this
a G., stiou was raised by demurrer in ta.
g case. and the demurrer was oyerruled.
/. Judge Reagan dissenting. At that time
Judge Stedman was n member OF this COM
mission but has since retired and Hon. Al
0 lison Mayfield has taken his place on the
e commission.
Under this act OF the legislature tho
n Wharf company built Its road connecting al
the railroads entering Galveston with all
y wharyes along the water front in tho city
. of Galveston, but instead OF furnishing It's
own rolling stock and operating the road
= as It had and still has the right to do IL
Z has leased the right TO these other railway
. companies to run their trains over Its
= tracks and also TO build and occupy union
y passenger depot on its property. charging
d for the depot grounds $50 per mcnth ard
4 for the use of the tracks 81 per loaded car
Q that runs upon it's tracks or any part there
:, of.
q The plca to the jurisdiction was there-
, after presented. and the parties were per
mitted to introduce evidence a great deal
y Of evidence has been introduced on both
sidea. AMI the case has tecn argued Al
u great length by able and learned eoun-
| sci.
!. The question is ono of great Importance
!, and demands. as 1t has In fact received
= from us. patient and careful consideration
1t is contended by defendant that under
Z our law fRevised Statutes. chapter l3, ar
tcle 1850, section II this road is belt line
and Is therefore exempt from all control
nv this cor,mission This lion reads as