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

reasonabiencss OF q rate 6Bsnounced by she
commission. and tho edoSt OF said Got Tex
cept a. TO such euNs on beh~lf Of the State)
Is to withdrew wholly from all railway
companies subjecs 10 the operation OF the
cot, including the company defendant
herc&l, the right to make the deftnse that
any charges, regulations or ciessssications
Of tho commission are unreasonable, and
with said exception) limits the making OF
tina, gssue to an affirmative proceeding di-
rectly instst,ited for that purpose in
single local court, wherein the burden OF
proof Is fixed as above recited; ind the
effect Of said act Is TO deprive railway
companies subject to tho operation thereof
Of the right to make q lawf0l detense un-
der and subject 10 tctt1cd rules OF evidence
In any proceeding which may be instituted
by individuals against IL. thereby taking
the property Of said railway companies
without due process OF Jaw. and denying TO
them the equal protection OF the laws. cs.s-
trary TO tho constitution and laws of the
United States, aud especially section 1 OF
article II OF the amendments TO said
constitution, and 70 the constitution and
laws OF the State of Texes.. and especially
to sections 8 and 10 OF article OF saiu con-
stitution Of Texas.
Your orator further alleges that the de-
fensc that any rn.e. regulation or charge
is unreasonable can not. under the provis-
soBs of said act, be made In any such eu.t
by individuals Until said court OF Travis
County has found that such rate, regula-
| ton or charge Is not reasonable, fair or
just; and the effect OF said act In this re-
| spect Is that upon such filming by the Trav-
| Ia county court the defense that such rate
| Is unreason. bic. unfair or unjust, may
only thereafter DO made In suits Instituted
by Individual shippers, 80 that, us your or
atcr shows, The operation OF snid act %
to DENY the right to make such defense IN
sirrh suits by Individual shippers, uptil
4 there has been an adjudication upon such
| issues In q suit between other parties In
! the tribunal OF Travis couniy, and thus the
practical effect OF said act is TO deny the
right of the railway companies to make .
Lawful defense, pending the institution by
said railway companies, iiD different tri-
binal and against other parties. OF suit
for the purpose 81 directly makfng the Issue
| involved in said defense and OF making
such issue under tho adverse conditions
and tho extraordinary and arbitrary pre-
| sumptions aud rules Of evidence established
by section of said act. In the meantime
iimumerable Judgments may be recovered
in suits by individuals. aud said act pro-
vHes no relief against such Judgments,
| Notwithstanding the ssHs tribunal OF Travis
/ County may subsequently declare the rates
| and charges, for the violation OF which
SAID Judgments of individuals may have
been procured, were unfair. unreasonable
and unjust.
Your orator shows that the remedy pro-
vfied by sans act would be wholly made
luate If, pending the litigation. the tariffs
of sad commission should be enfoXed. as
provided in said act. Ard your orator
shows that, under the practice of the State
Of Texas, the tna,l of such an action and
appeal therein may be exteMisd over a long
period of time. during which time tho de-
PENDANT company and your orator, and the
benefciaries OF said trust, subject to sa. d
act. would suffer great and ir'repatabie
loss and Injury under the enforcement OF
| SAIL tnriffs 1nqSmuCh provision Is
made in and by SAID act for restitution. IN
the event that 1t shall be finally held that
, thu tariffs of said comm ssion, or any OF
them, ale unjust and unreasonable.
Eighteenth Your orator further AYERS
that the penalties denounced by said act of
, April 3, 1891, for failure to comply with
any OF the provisions thereof, or with amy
of the rules. regulations, charges or rates
prescribed and fixed by SAN commiss on,
are wholly immoderate, unreasonable and
, excessive, and bear no just relation to the
causes or matters with respect to which
, ! they ARE denounced; and that said excess-
i've penalties are, eS your orator verify be-
ltsyes, prescribed by said act with view
l an} intention that the same shall operate
I as a threat and menace to the defendant
company and other railway companies
, | subject TO the operation Of said act, to The
| end that they may be thereby coinpelEac
) end ccerced INTO the adoption OF the rates
. and charges prescrbei by said commission
O |
/ Bile, fair ard just. That the enforcement
, of the multiplied and excessive penalties
prescribed by snid act would result In se'
q rious loss and damage and bankruptcy u
: railway companies subjected thereto, In
, ciu,fing the Defendant company; AMI ths
:. operation of said act in this respect !!
!, harsh unreasonable and confiscatory; ant
= your orator AYERS that said act, constitut-
= ing said railroad commission, Is, In this
4 respect, contrary to and in violation OF Thu
= cons tuition of the State of Texas.
Nineteenth. Your orator AYERS that thu
? season of the year during which said de-
. fendart company Goes the greatest pro
:. portion OF business, and derives the greate
= psft OF its earnings has commenced ant
,, VIII continue unt1 about the frs OF Feb
:, :, ruary, and unless immediate relief u
y granted the tariffs of said commission will
. CAUSE > serSons and very large reduction
. In the earnings AMI revenue OF said com
!, pany, which will be irtetrieyably lost to 1t
and that such loss win be daily sustainet
=, until such relief Is granted.
= That the first OF the tariffs herein com
pa red Of, and fully set forth In said Elk
- hibts X anil Y" hereto annexed. was pro
y mtleated by said commission on or abol
= the 18th dgy OF August, 1884, ana wa-d int
:. force and effect twerty days thereafter
- ard that the other tariffs herein complains
: of were established and went into force an'
> effect at various oates from lime to I m
- Thereafter the last OF said tariffs beiDl
= tho one on cotton, having been promui
I, gated by sail commission on or about IN
- N aay OF OctoDe', ses. THAI during SAT-
= time other tariffs, schedules. rates AM
~ o.asrs have from time to time been made
!. ieaued sdil put In effect by said commission
i, Cancelled ard Sc. G,slde. but al of which ar
IA set forth In tho printed pamphlet heret
!, annexed and made part hereof. marks
"a EXHIBIT Y" and which said tar ffs, schaI
~ uIes. rates sad orders are so rel forth an
{, maile d part OF this bill IN ord TO lay be
- fore the coup. all the facts in relation I
!. tee attempted Regulations OF rates by sal
~ comm.ssioa since the 18th day OF Angus
:, 1894, and so Us to place before the cour
=, eaoh AMI every act Of said comm .ssion dur
:, ing said tifne which constituted par Q
70 its; scheme OF rate maklns and which az
"a fected rates, even II the same have no,
= ceased to have any further force or effect.
"A That complainant. although mater.ail
- irjured by each and every succts IKE as
- III sid comm ssion, uevertheless hoped an
y b. eyed that sail commission would, afte
- seeing sad rates and tariffs by II 9iomui
IN,