The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-26
HEARING TO END TODAY
Both Sides We're Heard h ArtumeAt YES.
terdsy.
CRANE LAID STRESS on GIVING REBATES
said Railroads should Not Go. Lower
Thnn Rates Set hy the Csmnss-
sIon--Dcnisl VI Rebnst~9.

l e.
Daiias, Texas. November 25.-rhis hos
been the firth day OF hearing for the ine
junction against the railroad commission.
The attendance on the sessions was Just
as large as ever and interest in the argu-
mcuts was unfagglng.
Mr. Freeman, for tbe Texas and Pacific,
offered affidavits OF Auditor Fenby AMI
General Freight Agert r.. l.. Sargent OF
that line
Attorney General Crane presented two
additional affidavits for the commission,
One OF these pirported to show that tho
Gulf. Colorado and Santa re company
was owned and dominated by the Atchlson
system and that much of Its earnings went
into the treasury OF the bigger corpora
| ticn.
Mr.. kruttschnstt Offered additional testi.
mcny for the complaiEants.
All this disposed OF, Attorney General
Crane resumed his argument. The Hous-
ton and Texas Central. he said had been
vslued by the commission at $2l,Is6 per
nile. On this valuation IL had not failed
TO earn at least 10 per cent since the In.
auguration OF the commission. Ten per
l cent on such i; lust valuation as per
cent ON the enormous yali,ation of $4,000
Der mile was. he contended, better tnau
almost any other corporation In the
| entire country was doing. Counsel for
complainants had talked much of tho IN
crease in value that had come 10 the coun-
try through which the Houston and Texas
Central ran on account of the presence
OF the railroad. Had not tho people uhein-
selves had something to do with this devei-
fNt,t rxf.tV
stble for the magnlfcence OF the country
/ 1t ttaverscd? The people along this limo
had progressed as we'll as the road and
were entitled 10 some privileges as was The
Houston and Texas Central.
| Counsel come into this court, = he ald-
cd with emphasis, and toll us the Hous-
ton and Texas Central is worth $4,000 or
100000 per mile. II their contentious be
true. why did the management of the prop
| erty render the roads valuation 10 Sae
| tax assessors at $4,000 per mile? Certain-
! " tho road has net increased its vaiue
i 200 per mile since the last visit of the
| assessor"
! He paid his compliments TO the Santa Fe
and the Arkansas Pass in the same way.
{, The latter he asserted, was baby iocttsss /.
ii pardlleled older and better paying roads
and had to meet sharp competition. Yet.
he continued, they made enough to pay
out thousands of collars in rebates, Should
staying the commission was issued. see
that the Texas railroads did not depietc
their revenues by reducing their rates be-
low those Exe1 by the commission oil tneT
nwn free viii?
Mr.. Freeman entered an objection 20 tho
allegations of giving so far ds tbs
Texas and Pacific was concerned You
haven't found anything wrong with our
road, he said.
General Crane-"We haven't finished
examining your looks yet. Wait till that
is done and am morally certain that you
viii not be able then to make the 'holier
than tIhou' argument
The San Antonio and Aransas Pass ne
said, was bonded at $4,000 per mile. Yet
the reports OF Its own officers and the
sworn statement of its receiver showed that
the fifty three miles between Lexington
aud Lott had actually been constructed at
a cost not exceeding $4,000 per mile. His
whole argument was as strong as was his
effort Yesterday. When asked what parts
of General Cranes speech had impressed
him by Nh. Terry later in the dny. Judge
MaCormick replied that he had been I'm
pressed by the whole speech
General Crane closed Mt IL 80 and Judge
E. b. Perkins of the Cotton Belt spoke Tor
the ST. LOUIS Southwestern case. Physical
properly was not all that was to be con-
si5cutl in tne vsli9tiGp OF rtud sfid. 4
The location. its terminal facilities, the
good Will OF its patrons, its good name
were all TO be considered The plant OF a
great newspaper or the building of 4 re-
liable mercantile establishment might be
destroyed, but neither the newspaper nor
tbs merchant would be seriously injured,
There were men who had Thought all that
waS Decassary 10 start great newspaper
was TO fit out plant and begin its pnblca-
ton Many such men were sleeping their
last sheep now after becoming Bankrupt
and going down to their graves as examples
of overconfdence. Men who imagined such
things OF railroads were as much in error
as We're the men who had tiled TO run
newspapers
The commission hal injured the Cotton
Belt alone to the tune OF $500, 900 had 1t
not been for the commissions confiscatory
rates the deficiency of the 81. Louis South
western would have been wiped cut before
this.
J. Wharton Terry OF Galveston followed
Judge Perkins, speaking In the Santa Pc
Aransas Pass and Texas and Pacific cases.
Before commencing his argument he in
troduced an affsayt Of e. j. Martyr, gem
eral freight agent OF The San AntoHio and
Arkansas Pass. In which Mr.. Martyr denied
the allegations OF Auditor Askew OF The
railroad commission that the Arkansas Pass
had given rebates. The affidavit made no
referelce TO the charges of rebate giving
TO the Washburn e. Moen company on In
terstate freight. Affi6avits Of Messrs. Nc
Rue end Sargent OF the Texas and Pacific
and OF General Freight Agent Goodwin OF
ths Santa Pc we're also offered in the tes-
timony submitted.
Mr.. Terry then began his speech. Re had,
he explained. he greatest reapect for the
members OF thu commission personally. !
but thought Their present position nothing
short Of governmental dishonesty and
Repatriation He mad once read book en-
titled the "Idiossncrasies Of Genius IN
which mad stresks In the nisrds OF Byron.
Shelly, NAPOLEON aud others were shown.
The commission had gone astray Oh the
idiosyncrasies Ct their genius and ought TO
be at Terrell
The Santa Re company and not lose cent
In ITS rebates TO the shippers. II paid $40
600 TO the State In fires and II tho coulnis-
fion would Just keep hands CT the santa
ne would cheerfully Pay premium Of
$40. 600 every month. He referred 10 a |
Letter written by Commissioner Mayiieid
last SeDtan1ber. in which Mr.. Mayhs'd
stated The commission had in six years re-
duced the reveriies of the Texas roads
So ,0GD.0DO He closeiby asking the court TO
grant the railroads reltef NJ once and, latssr.
II It was found ar error had been made,
the reads eoild ray back The overcharges.
Axsistanlt Attorney General TWly ~
nv. IL a.