The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-09
commission Decides as to the Jurisdiction
b1w" of the Case.
.eNriNd OPINION BY CHAIRMAN REAGA
the Commission Has No Authority to Regulate Charges
w n,hervisc Three Separate Opinions Delivered.

ture, has constructed Tin the Language of
the acU "a railroad" commencing at or
near the terminus of the Galveston, Hous-
ton and Henderson railroad along avenue
to distance of about four miles: has
made connection with all the railroads e,l
tering the city of Galveston five in num-
berl has built switches from the track OF
said railroad to all the piers and wharves
belonging to respondent, made connection
with various industries situated adjacent
to its said ''railroad," with union passen.
ger depot constructed and owned by GER
tain OF the railroads entering Galveston and
used as passenger depot for all the lines
OF railway entering Calves on, and has a
total lraokage consisting of about thirty
two miles.
In short It appears that respondent has
exercised substantially all the powers,
rights and privileges conferred upon ii by
the above mentioned special law. save only
failure TO furnish any equipment for said
road ana has never operated the same.
by an agreement existing between re-
slondent and each of the several lines of
railway with which it has connection
fixed charge OF 81 is paid respondent fer
ecch loaded car passing over any part of
It's railroad. and each of said railroads upon
paying this charge are practically unrc-
strained in transporting traffic over same
great volume of traffic annually passes
over this road. of which there is none, or
little. local; that is, originating and ending
or ITS road. Indeed, by far the greater per
cent Of the annual crop OF cotton produced
in this State, as well as many other arti-
cles of commerce and all commodities de-
livered at Galveston by ships, destined for
the interior, must and does pass over re-
| spondent's railroad Respondent does not
use this road for the handling or Transport
taton of its own traffic, for 1t has none
great deal of testimony was introduced
wherein there was more or less conflict
MS to whether or not tails road is a belt
| line of railway" For reasons hereinafter
| appearing | preternlit further reference to
the testimony touching this issue, except
to mention that 1t was satisfactorily shown
TO my mind that the terms belt or suburb
an lines of railway are descriptive terms
sometimes used In railroad parlance in dis
| tineuishing certain kind of railroad, and
in like manner applied 10 certain railways
! pt rforming the service of street railways.
That prior to the commencement OF this
proceeding the application of the tcrns,
when used in reference TO lines of railway
In this State, had reference to railways
| performing the functions OF street railways.
and in this sense the terms had frequent
use and an established meaning; and that
in rare instances had the terms been APP
piled to any railroad In Texas, and in that
! sense it is doubtful If the meaning of the
terms were we'll understood
| Section 2, article 10, of tho constitution
of this State is as follows: Railroads
heretofore constructed, or which may here
after be constructed, in this State are here
by declared public highways and railroad
| companies common carriers. The legisla-
! ture shall pass laws to regulate freight and
| passenger tariffs. to correct abuses and
| prevent unjust discrAi nations and extor-
| tion in the rates of freight and passenger
tariffs on the different railroads in this
| State and enforce the same by adequate
penalties. and to the further accomplish
ment of these objects and purposes may
provide and establish all requisite means
and agencies invested with such powers
| as may be deemed adequate and advisable"
1t may be that neither the constitution
nor the law of this State have prescribed
or specified the constituent elements of a
| railroad declared to be a public highway
| hut | apprehend the language of the CON
| stitution is so plain its meaning can not
be misunderstood. Railroads heretofore or
| hereafter constructed certainly means any
! railroad, every railroad. long railroads,
short RAILROADS. trunk railroads, terminal
| railroads, belt railroads and suburban rail-
ways, all Of them and each of them are
declared to be public highways"
Now then. if the tracks which respondent
| has constructed, owns and cauees to be
| operated is any sort OF a railroad. undoubt-
eddy 1t fills the full measure prescribed by
| the constitution. and is In the language Of
! that instrument "a public highway"
The very terms of the grant confirm the
view that the legislature meant to confer
| authority to construct railroad in inc
| broadest sense. "I'c it enacted, ETC., That
the Galveston Wharf company shall have
| the right to construct. own and operate a
railroad" specifying its course, it was
| authorized ito cross all streets and alleys
on the route OF such railroad" and build
switches from the track OF said railroad
| ETC." and again and again Ii is referred "a
] as railroad. So far as | remember it had
by this special law. conferred upon 1t every
right and privilege allowed by the consu-
tuition and law now existing to any orthe'
dox trunk line Of railway.
There is in express terms conferred the
power of eminent domain-an attribute o.
sovereignty. In the language OF tie conr'
in the case of Chicago Dock company vs.
Clarity ct al. 1t may be said;
I'm comforting the power of eminent do
main upon it. the legislature gave the
strongest possible confirmation of the view
that it is created for public purposes only