The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-12-02
GRANTED
\, From FIRST PnacD


..--o,c over the railways Of the
- notifications and exceptions as
~ q the railways and parts OF
~ ~ IN their published tariffs
',s,.rs affecting the same The
sssa,shed are not maximum rates,
,.s,anec ars single rates from
~" carrier il not permitted to de.
' ~ previously cbtaiued leave q
'ps.,ss,on The hearings before the
. ,s%,n and tho action thereof have
,~cst continuous from August, 1921
~, Of october, 1898. when these
r,re exhibited. ,sos a.,
s,b day OF october. 1898, the COM
B. = M published a new fari'f affect
8 s,rriaee OF cotton in bales, which
Z ,sss efieci. by a SUBSEQUENT order
a, the date on the lstsof November.
.,,,sssjon had also issued notice OF
s..r,nys 10 be had looking to the re-
r.,es on other commodities, en-
,,,tss into The tonnage of the dir
.,r,,srs, The bills, duly verified
.s,oOued BY other atfidaytss, and ac-
IA nv EXHIBITS showing the rates
~ heei propeunded and put INTO
nod me rate that was to go into eff
!, she lst day of November, were
,s,e5 to me on the %i.st OF October
~ eradication for restraining order
20, the gcahg into effect of tue new
n.s,,y tsritf I-C, cotton In bales, until
Iss-;ry of the motion for injunction.
s-ni;catj0n was granted and a re-
.,,r order issued in conformity there
/. bi,ls IN these ten cases are sub
s,,,lr similar. The details as to the
rrurtsoa. mileage, encumhra1ces and
earnings Of the various roads differ,
-c,,rso. the ore from the other. The
.tance however, in each case sub
italy shows the history of the con-
Tton or acquisition of the railroads,
opsration and betterments, end the
Nj cost thereof as nearly as it can be
xn or estimated; the capitalization Of
and the effect upon the net earnings
,ach BY the rates fixed and enforced by
commission. showing in each case that
rates heretofore established voluE-
iy By the railway companies were rea-
kble and such as competitive, CONNER
and financial conditions warranted and |
hired, that the system of rates now
breed BY the commission and proposed |
Ne enforced are unreasonably low; are |
|er tina, the rates enioined in the foriu-
butts, to which reference has been male, |
will atti have In each instance so re-
I'd the net earnings of each of the roads |
they nor any Of them can earn. nor |
h earned, revenue suff ,cieLt TO meet |
" ruDEing expenses, including replace
bis and repairs and such betterments as
advancing business If the roads and
requirements of such traffic render |
.ssary to be made, and to earn rea-
kblc compensation for the service rem
" the transportation of tho freights
nd They allege that each and all of /,
RATES. rules and regulations estab-
cd by the railroad commission were
ie and established by the commission in
suarce OF the design ard purposes, res
Redly ayowed by it, and which are its
(lsd policy, to reduce the rates of the
roads until they reach a level that will,
~ applied to the ordinary volume of !
rs Yield to the company no more rev.
man will be sufficient, after paying
faang expenses and ordinary repairs.
|pay q reasonable return in the way of
fey or dividends on a sum which the
pnssion has assumed and stated to be
lrent TO construct a similar railroad at
PRESENT time; that in pursuance of this
(eI ana reslgn. the railroad commission
maae' IN the manner poirted out in the
q estmate OF the present value of
4 v inc railways and its appurtenant
XIV anu iled tho same in the office
~ secretary of state. and has repeated
MOVED That the sum thus ascertaiped
'le limit oil the amount upon which
eompanles should be entitled TO earn
W. It is ayerred in the bill that This
|ue liked by the commission is in each
| w.. steatiy less than the actual cost
s.s.ius'fag, acquiring. equipping and
|| s.s ~ present stats of excellence the
| PSs,s lnciu'ied in these suits, and Is
A ..,, Hts Than the real value of each of
st M,s are long and embrace much de-
,, .iMu nave not thought it necessary
,,s,W. Ihey set cut the operation Of
n s ms imposed by the commission md
M, ,usn loss Of net earnings ocaa stoned
t ii. ~, ~ prevents the most prospern,,s
a !, a y. from earning a reasonable re-
soe NJ We value OF its property and a
TO- sS'c compensation for the servlce
1, ,s.,. 70 an extent that. if continual
a sas 10 the bankruptcy of the rail-
A ,sI uu lnelr utter inabil.ty 10 Ike n
Il. lays uD to the standard reo,,ired
ma .,aacing and advanced e,apa NJ
M !, TRANSFORMATION and Will result in
lw. a mopsrty without due process
uaacd Sviseoh OF the constitution of
j IA ,ha aNs' on which grounds they
edera e Tariffs. rates, regulations
an ~ establishing and enforcing This
u y rates be enjoined. 'A'S
upntial,,'T OF the commission denie,
N ~ an OF the material alleea-
Men vi and GROSS bill In encb case
md ~ o'oss bill was filed and in tbe
bur Ks intervening petition of the {
j II ,s and Texas Railway com t
~ ana :, case against the Missouri
Il i, s., ieSas Railway Comnanv ~ 5
Il ~ ag'iows the bill, section bv SEQ. c
sxsiops sVn case denying the slhstantioI +,
slo ss aha making counter ava,n,ana a
" RAILWAYS a., SUBJECT OF the
ii n \, subject of their earninas -ss
a 'neir annual reports ia ihn eon ~ r
dtstso.anais' = me valuation of the roads Il
- nilroaa usuy that the rates fixed II
! non Anu commission Of Texas are n
~ Of the arbitrary basis except upon D
'hfcpaiy' sn dc.ual value of the rail- "
~ value ~ .aat IN order to ascer- II
I ~, consider every elsme ents ,S aaa =
sstaai sos t'ly enter therein, including linz. q,
tot the " reproducing said roads al
y LEGAL co sFVice OF SUPERVISING en-. OF
'eney inyev,nssei lees and interest on al
''lsxuou; tbst during the period o, d
!. a.tanationl ., 70 % this end they caused d
y yaluatlcn sala nroDs rty to be made is
IN the oon,,,, iereoi to be made. as 10
lUu .na same was; eyamipad ~, | a,