The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-03-31
New Orleans Courts Reference !,
the Texas Commission.
THE STATE STATUTES ON RAILROADS
rec Gees and Lone stars Ccntrox.~.
ies No' one Of Rate Maixins, but
OF Interchange Of Traffic.

Il
one star steamship line, against the
railroads. which have practically boycottsd
IL py refusing to accept It's freight without
prepayment OF charges, went our NJ ia
way to say that it was case in which
the Iexas railroad commission conld -,
interfere. Just why the court d,a ,h;s !.
iioe apparent since the Texas commission
was not concerned in the action. That II
can and may take a hand in II laicr an
Is not improbable however as 1t has ample
statutory and constitutional Warrant for !,
doing. "''t ior so
Article 10, section 4, of the constitution
SAYS that any railroad corporation mr. I'd.
ISOLATION. organized under the law fo, tba
purpcse Shall have tho right to construct
anu operate railroad between any points
s Mi.nih thls state, and to connect at the
STATE line with railroads OF other States
Every railroad company shall have n a
risnt with Its road TO intereeet. connect
Win OF cross any railroad; and shall re-
ceiVe ana transport each the others ms
sengers. tonnage and cars, loaded oil. empty.
without delay or discrimination. under sucn
regulations Us shall be prescribed By law.
Article 1910 Of the Revised Statutes pro-
yides that ''all railway COMPANIES doing
are hereby required to receive from all
other railway companies with which they
may connect at the State line of this State
or at any place within this State or at any
CT all places where they may cross the
line of any other railway doing business or
coming to 1t from such connecting line
and destined to points on it's line or to
points beyond its line or any other line
of railway with which said line may con-
CrO nd hal 10
over its said line to destination, II on 10,
line, or to the next connecting or cross line
in the direction of destination, If beyoni
it's line, without delay or discrimination in
favor of or against the line from which
such freight or passengers are received
and upon the same terms and conditions
with these made by such line for like or
similar service against any other railway
in or out of this State with which it does
business" etc.
Article 4536 defines connecting lines and
imposes upon the obligations laid down IN
article 4535.
Article 4537 states the terms upon which
transportation lines shall receive business
from one another and reiterates the pro-
hibition against discrimination.
Article 453S declares that every railway
which may interchange business with any
other railway shall be a trustee for its
connection to the extent of all sums of
money received by 1t for the joint bust
ness and which. may properly belong to
said connection. And further that each
connecting railway shall have line upon
the property and franchises of connecting
railways to the extent of balances due
each quarter, which lien shall be superio'
to all other liens upon said property and
franchises save and except laborers' liens.
s Article 1879 provides that any refusal or
failure to exchange business by railway
companies and any violation of articles 4o35.
i53G, 1887 453S and 4o39 shall constitute
discrimination within the meaning of title
XCIV punishable by fine OF $1,000 without
barring the recovery OF any other damages
by aggrieved persons. firms or corporations
occurring by reason of the violation of the
articles named above. and without reliev-
ing any railway company or its officers,
managers or agents from prosecution for
violation of any penal law OF Texas.
Article ASIA provides that any railroad
which directly or indirectly charges more
in one instance than another for services
rendered shall be guilty of discrimination
and amenable to the commission law
From the above it Will be seen that
ample statutory provision has been made
for the prevention OF discrimination by
lines against persons fir'Is
or corporations and against one another
OF provisions made for the
regulation and PRONUNCIATION o. trelsht
rates. And ii is plain that the
case of the Lone Star line as well |
as that of the Pee Gso Is one which comes
within the purview of the statutes quoted
statutes which treat {. matters o, police |
regulation entirely and not of rates. II is
that the railroad commission
has no authority to say what -. rate |
from New York to Texas points shall De-
hut there Is no dount but what II nae
authority to say how the railroads oil texts
shall trtlt freight rendered them py tn'''
COM ections as well as that IL can Drlhs
Them to taw for refusing TO accept iteispt
from one connection without prepayment
of charges, while IL takes II from announcer
without such requirement especially when
the purpose is avowed of freezing out ire
former FOR the benofit of the iatter IN
ohcr words, the question involved III Jus
Pee Gee and Lone Star controversies Is
not one chf rate making bnt ratheI oue
If interchange OF trafilc lrFespse
tive of what the rate may pc anu ohs 49, |
Itself forcibly to the trainers OF
Inc constitution as well as 10 the law
making newer of the State and TOT me
treatment OF which ample provision seems
In have been made. There Is notnlns III
il TO Justify the proposition that reeuia
tion of interstate commerce Is invoiVea
in us solution for the plaintiffs DO MOI aen
authority to carry certain rales' o. IN,
claim is that interstate commerce - pI.ns
with and impeded when they
are denied the same advantages for ane
interchange of business by the IL, uoh n,sr
IONS in Texas as are afforded their csN,
sailors The same principle Is involved
,ere as was involved in the ass' i w wdssd
he railroad commission recently INVOKE .n'
he emergency RATE act 10 force ,he rhil
Ia Nv unterstate as well as state) to give
; Slys an oven break with New orleans
Il the matter of export Gottgp so rates could nhd
.on,'iats the traffic which goes cut throush
Saw orlears, nut it used tbs power given
by statute to compel The trans ,po ihoa
ines 10 give Texas outlets The zane shom
nv, nc, ,o Give other outlets and the ran
,ns6s bowed to it's mancate.
yAxnEapIIT SYSTEM CHANGEn
10 ne Mpde Chairman OF wv
BOARD Of Dtrectorn'
New York. March 3o.-President Dope"
-. eoIlowirg statement.