El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-11-05
COMPRESS RULES LAWFUL.
Judge Maxey Sustains the State Rail-
road Commissioner Regulations.

| Judge T. 8. MaXey, of the United
| States circuit court rendert his de
els on in the McFadden compress case
re- Gently. The suit, which was for ar
| injunction restraining the commission
and railroads from enforcing the com
pre- So regulations, was ii ed several
weeks go in this city when q. S. court
opened here, but was taken before the
court aud argued at Dallas after ad-
journme mt of court in Ell Pdso. A syl-
labus of the pleadings was printed in
the HERALD at the time. the full text
of the decision is as follows:
GEORGE H. McFadden d Bro vs.. the
railroad commits on of Texas ct al, suit
pend ng in the United States circuit
court, Austin division: heard or motion
for preliminary injunction.
The plaintiffs, urder the firm name OF
George II. McFadden q Bro, have filed
their bill of compi Amt against the state
railroad comm ssiop, the attorney gen.
ersl and seven railway com psnies trarS-
acting busiress within this state. The
nature of the case will sufficiently APP
pear from the prayer for relief, which
IS substa n5ially as follows:
l. That all the defendants be en-
Joined and restrained from continuing
in effect, enforcing, observing or obey
ing certain ru' es ana regui atoms pro
d ffectipg the compres sion of cO.ton.
2. That Injunction may issue to re-
strain the railroad commission, the at
torney general and all other iersoos
and corporations from institutiOg suits
against the railwsy companies for the
recovery of damages or penalties aris-
ing from the failure OF the railway
to obey the rules and regu-
laliOns of the commission.
3. That the existing rules and regu-
latlons as set ont in the bill be oancell-
ed and anuulled, and that the commits
sion be restrained from prOnulga eating
in future SINH ar rules in any manner
regulating or affecting the compress
sion of cotton.
After due consideration of the plead |
ings, the aft 1avits and other testimony
40 united ulOn the hearing, and the
arguments of counsel, the court an
nounces the following conclusions:
l. The COL stitullOn and laws of TIL
tate invest the railroad com nlsslOn |
vii h power TO prescribe t-e rules and |
in question.
2. Such rules and regulations DO
LIT 1t prIvr The p-4inttfs OF their pro- |
)erty without due process OF law, nor
10 they deny TO the plaintiffs the |
.qu4l protection of the laws a.
guaranteed by the fourteenth amend
nent OF the national Constitution.
3. The rules anu regulations of the |
,om mission do not profess to regulate |
Interstate shipments of cotton, nor,
when properly construed, have they |
hat effect. Any attempted regulation
~ the commission of such Interstate
hipments would contravene the CON-
ne rec claus of the constitution and
renee would be without validity. The
re sent rules ard regulations apply
'nly to state in contrad istlnctlOn 10 lu-
erstate shipments OF cotton and they
re therefore not obnoX ,ous to the OBJ
ection urged against them.
+. While the constitutions rights of
he citizen should jealousy guarded
nd securely protected against the as
aul's of hostile legislation, courts
hould also proceed with caution in
the properly constituted