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

q q % aa
Hill
Fifteenth. Your orator further alleges
that the destructive effect of the establish
ment OF sail unjust low rates would not
be limited to the business OF the defendant
company transacted within the limits OF
the State OF Texas; but sail rates would
affect the Interstate buginess OF toe de-
PENDANT company and impair and diminish
the revenues derived therefrom. In this
behalf youi' orator AYERS that all Interstate
rates. in which the defendant company
and other railway companies of Texas par
ticipate. are based upon the rates prevail
ing between Galveston and interior points
hi the State of Texas. That the Interstate
rates are controlled and determined by
water competition that Is, the water rates
between foreign or Atlantic seaboard points
ana Galveston, added 10 TIE local rate be-
tween Galveston and interior Texas points
OF origin or destination of shipment, make
the rate which the Interstate lines ore
compelled 10 meet or adopt. So that your
orator shows that a CORE sponding decrease
of frqerstate rates have followed and will
follow na,e reductions of intrastate rates
required by TIE schedules heretofore an
| nounced by the commission. These eondl-
tieI,.s affect Essentially al elias es o.
shipments which arc handled by the de-
| fen6aitt company, ami your orator is in
| formed and believes that serious and ire
| parable loss OF revenues from the inter-
| etate business OF defendant company would
| be cause by the adoption and enforcement
! CT ssai schedules.
Sixtsentt. TGat the action of said
| railroad commission and the enforce
mery of its rates, rul.s anal
regulations VIII. because OF the
! facts herein alleged, so reduce the revenue
of the defendant company that 1t will be
| unable to bay said Interest as it natures
| 4 ifNa1 yvh ia
become due. and will thereby impair the
obligation of said contract.
That said rates, rules AMI regulations are
| laws OF the State OF Texas. and therefore
null and void because violahive of se,tson
| of article 10 of the Constitution of the
United States, which prohibits a State IRON
passing any law impairing the oblisat'on
| of a contract.
| THAT under the act OF 1853, and even IN
dspendently Of it, the charter OF the said
| defendant company constitutes contrac'
| between II and the State of Texas. pro-
| tected from impairment by the Constitution
| of the United Statee. as Aforesaid. That
under said contract. the said company was
obligated ID construct. maintain and OPP
| crate it's railroad. and one OF the Obligations
| assumed by the State of Texas was that u
| would not prevent the s1id company from
so constructing and operating Its rod
nor from charging and collecting such tolls
as would enable the said company to sue
| cess fully operate It's rail ways und return
! some profit TO those who invested then
money in the cons tructicn OF the same, ant
that the said statute OF April 3, 1891, as as'
the said statute OF April s. 1897, II con
stued so as TO authorize the said rallioa'
commission to fix, establish and put in ef
feet rates so low as to prevent the earnini
by said railroad company of an amount SUI
ficient to pay the interGzt and Dividend
upon its capitalization as hereinbefpre Sc
forth, and the tariffs, circulars, scneduies
orders and rates established and put u
force by said commission pursuant to tn
terms OF said statutes are laws of the stat
of Texas fmpairimrg the sobligation Of IN
contract arising out OF aud eylienee1 D
the charter of The said defendant raii, ol
company, and are therefore uneonst tu
tional null and void under the said section
and article of the Constitution of the Unite
States.
shows that in section u
ssi6 act of the ie y'slaturs o
Texas establishing the railroad commits
sion, 1t lis provided that In actions hetwee
private parties and railway companle,
brough. under said law. the rates. charge
orders rules, regulations and classiflca
lions prescribed by said cofrns sion betor
. the Institution of such action SNAIL be hei
conclusive and deemed and accepted ,
J be reasonable, fair and just, and in sue
, until finally found otherwise in d'ract &c
tion brought for that purpose in the ma!
ner prescribed In sections and OF sai
act SO that your orator alleges ina un
less the relief herein sought be grained, In
failure OF the defendant railroad cosn2an
to adopt and put into effect and use tn
unreascnably low and uncompensator
rates heretofore prescribed by sad commits
slon would subject IL to a mutHpiicity
: suits brought by shippers for the panaltie
provided In section II of said act; ald ths
in such action the said company would b
deprived OF the lawful defense that IN
ratee. regulations and charges so prescribe
by said commission were and are unreason
, able and the said company. so conclude
ana deprived o. lawful defense, would ;
subjected 10 innumerahle penalties rangln
from 1925 to $500. in each case, and woui
! be thereby deprived OF IT'S property withol
due process Of law, and in proseoln
wherein Its liability was fixed IN adyanc
: the STATE of Texas Your orator turibel
more alleges that in such salts b. ind
!. yidgial shippers the said company would
7 deprived OF the right TO trial by jury
, |, the sscgle Involved In the sad lawful o,
faree TINT sad rates rayula3ols ~
charges wera and are unreasonable. A.
tre. such deprivation 81 salt right is az
/ would be contrary ~ secityn 10, a-tieie
( OF the HonTtitatipr of 'fse stare OF Texsa
: Your ora.or ayers That seeiron OF "a
&c; provides THAT eny railroad cnrnpany
i the de0sa;0n NJ erv rate c'aafiN7s 10
: r,tie chargr orasr. at or regnlation stop
! &c ~ tho commission may fs.e a peifts
d setting forth fhe pa~'ii,le- rerse o. o.
/ lection OF such decision RTE. etc, In
d court OF comQetent iurisdies!o IN Tfay