The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-01

Dallas. Texas October 31.united States
Circuit judge APP. Mccormick this after
noon granted restraining order tempora-
rily enjoining the State railroad commits
sion and ten Of the great trunk lines OF
railway of Texas from putting in effect
ETC., the commission cotton tariff pro-
mulgated October last and made effective
next "Wednesday. The commission and the
railroads are made defendants. Jointly. by
the terms OF Judge Mccormick's order.
The Mercantile Trust company, trustee,
holder OF the bonds OF the Texas roads,
is complainant.
The restraining order Is the elimination
OF a move the railroads have been preparing
for since the cotton tariff was published.
1t marks The beginning OF the greatest
legal battle probably Texas ever knew.
| The hearing upon the motion for writ Of in
| junction will be held Mt Dallas. November
| 10. In The meantime the commissions
tariff is stayed by Federal authority and
4 the Ol0 COtlOu tdiHlI BOe< ou an tnoubn
the commission had not set 1t aside
| e. b. KruDtsohnitt OF New Orleans, rep
resented the Mercantile Trust company and
Wharton Terry of the Santa Fe. Il. $.
| Iovett OF the Southern Paoific. Il. s. Miller
| and James Hageianan of the Katy, u. b.
!, Perkins of the Cotton Belt and 7. j. Free
man CT tho Texas and Pacific assisted ON the
| ,l, dc III mi
array OF legal talent and from their stand
| point they accomplished splendid results.
A copy of Judge McCormick's restrain
ing order. which Wa at once be served
upon all the defendants in the case, fol-
| lows:
In the limited States Circuit Court In
| and for the Western District of Texas,
at Austin, In Equity--The Mercantile
| Trust Company. Trustee. Complain
| ant, VS.. -----, No. ------.
! In this suit the complainant moves
for a temporary injunction. and having
| given notice thereof. and It appearing
| to me- from q consideration OF the bill
| and exhibit, that u restraining order as
/ to commodity tariff No. i. couton In
bales" should be granted. TO be In force
until the decision upon the motion.
II Is now and hereby ordered that
in o.Ger to preserve the status quo
until the hearing OF said motion for aIn
| Injunction the annexed bill OF COM
+ plant ba filed nunc pro tunc. AZ OF this
date, and the clerk Is hereby ordered
/ to so file the same; and It Ia further
| ordered, adjudged and decreed that the
railroad commission OF Texas. John II.
Reagan. l.. J Storey and Allison May
! fiSll as members OF said commission
or otherwise, and 81. NJ. Crane as at
iorney general OF Tr&as or otherwise,
defendants herein. their agents. SER
wants and attorneys, an5 eneh OF them.
be and they are hereby specially en-
Joined, restrained and prohibited from
putting or continuing in force and ct
feet the tariff adopted by said COM
mission on the 9Th day OF October.
1898, and designated as commodity
1 tariff No. 1-c, cotton In bales" Affect
ing rates TO be charged by railroad
companies for the transportation Of co..
ton In the State OF Texas.
I III lis further ordered, adjudgsj and
decreed that the said railroad company
BIO ami IT Is helr.by further eajoined,
restrained and y ohibHttd from chargtns
the rates spe dfici in said tariff, and
that the said railroad commission OF
Texas. and the said Reagan. Storey and
Nayfield as members OF said com
mission or otherwise. andfihe saM NJ
NJ. Crane. as attorney general OF other
wise, and each OF them, are further
cnjolned. restrained and prohibited
from tnstitutIng or authorizing, or d.
recting any others to institute or pross-
cute amy SUIT, or suits. ACTON or a.
lions, against the said railroad com
pany. its officers or agents. for the re-
coyery OF any penalties vnder or by
virtue Of the provisions OF the rail-
road eommiss.on law OF Texas. by
rereon OF tho failure OF fbe said rail-
road company. its officers or agents. TO
pu. or malntatn In effect or TO charge
or continue 10 charge the rates epeci-
! fled 10 said tariff. and that all other
individuals. persons and corporations
row or hereafter claiming envy right
undsr and by virtue Of eaid commits
sion law or said tariff or both OF them
combined by reason Of the failure Of
r gaid railroad company, its officers or
. agents to put or keep said tariff IN ef-
e feet or to observe the same. be and
! are hereby further enJoiref. restrained
and prohibited from claiming or insu.
5 tuung suit or suits against the said
e railroad company. Ms officers or agents
r for the recovery OF any damages. over