The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-01-30
THE COMPRISING CASE.
Fall Text Of the Decision Of the
Supreme Court.
COMMISSIONS AUTHORITY DEFINED.
constitutional Provisions Cited In
show the Intent of the Law
Creating the Commission.
.MMISSlON'S AUTHORITY DEFINED.

lNbJ fN'tN 4'SsNACA1 lom lllTu UlS-
trict:
TOE court Of civil appeals for the Thru
suprt HE judicial district has certified Ia
this court the following statement and
, questions:
by an order made and entered by tho
| railroad con mission of Texas on The DIST
day Of June. 1926, said commission estab-
lished and promulgated commodity tariff
No. la, whereby it prescribed a schedule
of rates in cents per hundred pounds to an
ply by direct SNORT line mileage on all ship
ments of cotton in bales, actual weight.
in quantity transported by any railroad be.
tween points in Texas, and ordered that
the same should take effect July 10. 1895.
there being no difference in the schedule
in the rates on compressed and uncom-
pressed cotton; and in the same order es-
tablished for the government of appellee.
as well as all other railway carriers in he
state.
CHere follows copy of rules and regula-
lions. which have been frequently pub
lishcd.)
October 81, 1895, appellee, the Houston
and Texas Central Railroad company. In
stituted this proceeding in conformity with
the provisions of section G of the act n;
April ID, 1891. establishing the railroad
commission (Rev. Stat. 1895. Art. 1861. by
filing a petition setting forth appropriately
and in detail the particular causes of oh
Jection to such rules and regulations.
against said commission as defendant. and
praying that the commission be enioined
from enforcing the said rules and regula-
tons as against II. and for q Judgment
finding and decreeing that the above re-
cited rules and regulations are unreason-
able, unfair. unjust and unlawful and that
the same be cancelled and held for naught,
etc. And while alleging and Offering owl
dence tending to show that the effect of
such rules and regulations was to hamper
and restrict 1t in its legitimate business
and proper performances of Its public du-
ties, subject 1t to expense, loss and incon-
Venience and injure, Inconvenience and an
noy Its patrons and the shippers over its
lines without advantage or benefit to shin
pers or TO the public at large, appellee did
not allege or claim that said rules and
regulations would. after deducting all
losses in revenue and considering increase
In expense Of operation as alleged results
thereof, amount, in view of its whole earn
ings, 10 the ticking of its property without
JUS compensation or without due process
OF law, contrary TO the constitution OF This
State and of the United States, but con-
tended. in effect, first. that the commission
was and is without Jurisdiction, power or
authority, under the constitution OF tiiy
Et"Ne anu tue STATUTES creating said COM
mission, providing for Its organization:
and defining its powers, to make and es-
said rules and regulations: and,
second. that IL the commission had the
power, authority and jurisdiction to estab-
fish such rules and regulations. then the
same were In their practical working and
operation, as applied to appellee. unreason
able. unfair and unjust, and that upon
proof of the facts alleged should be so de-
Il nod and aAa-al.--I. - -
nulled.
"A trial in the court below resulted IN
a decree cancelling. annulling and setting
aside said rules and regulations and en-
joining and restraining the commission
IRON enforcing the same as against appel
lee. and on appeal therefrom by the COM
mission the following, among other, lues-
tons aiac for decision in determining SAID
appeal. to-wit:
Il. lid the railroad commission OF
Texas have jurisdiction, power and author.
lily TO adept and enforce the above ~reci,e.l
rules and regulations?
=. II si'io commission has the power TO
adopt and enforce such rules and regula-
IONS. hen had the court below, and Las
ms or any other court. the power end
jurisdiction TO review the action Of the
commission in the premises SO as to de-
termine whether such rules and regula-
NhNH9 nv itdsuhubit, ialr ana just, or Otl-
in the absence of any plea or proof
mat they amount TO a taking of the rail-
road company's property without Just COM
or without due process OF law?"
We understand the position taken by
counsel for appellee to be: % That under
., article 10, of the constitution the
legislature could not confer upon the rail-
road commission power to make the regu-
lations complained Of in this case: (2)
mat the law which the legislature enacted
does not confer upon the railroad commits
sion the authority TO make the regulations
In question.
Article 10. section 2, Of the constitution
reads as follows:
Railroads heretofore constructed or
may hereafter be constructed in this
State are hereby declared public highways
and railroad companies. common carriers.
The legislature shall nass Laws 10 rag,lata
freight and passenger tariffs cor
rect abuses. and prevent unjust diserinina-
and extor,lon In the rates of freight
add passenger tariffs on the different rail-
in this State. ana on force the same
ADEQUATE penaItios and IN frr,bar oc-
l i>I''fhfH ohA ~ ' ~