The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-25
Attorney General Told Why Injunction
Shouldn't Be Granted.
A SPECIAL REFERENCE TO REBATES,
Particular Visor Infused in Remarks Con.
corning the Central.
Lag MS CAMPAIGN FUND CONTRIBUTION
Also Given ms n Reason Why Com.
misston's Ratcs should stand.
Additional Testimony.

| Daiias, Texas. November 24,--The Stare
| rsiiroad commission had an inning In lie
Injunction hearing before Judge McCor-
mick today with Attorney General Craze
| as the leading spokesman II was Thanks.
giving Day and no doubt the Attorney
General felt deeply grateful for The OPP
| uortunities the occasion offered
He has been opposed in the hearu.
no on by rs formidable an array OF
learned counsel. probably, al ever fought
for points at law in any case tried In
leSas' He spoke FOR the State commits
sicn nearly three hours dnd showed HIM
self perfectly capable of holding his own
even against dozen distinguished law.
yers. From the time he arose till the I'D.
tournmtnt of the session he riveted the
| attention OF the court and spectators and
kert counsel for complainants uneasily
shafting.
He Was frequently interrupted by OPP
losing lawyers. who desired TO interposo
objections to his statements and concu-
| sions drawn therefrom. Shots vera aimed
at him but he threw them eff, kept Lis
noise and gave some hard blows. He mace
a mastery argument for the commissions
side of the controversy and wrung ad-
miTation even from the men who opposed
him.
Upon the beginning of the session Judge
Perkins, attorney for the clifton Belt. Of
ferld an affidavit of Auditor X. ID. Cobb
OF his line as rebutting testimony. This
was intended TO show that the business re-
latCus OF the two companies forming the
st. Louis Southwestern We're not as the
commission had claimed.
There was short contention between
Attorney General Crane ami Judge Per-
kins as TO whether counsel for cross
claimants should be allowed TO follow coun-
sci for the commission. The court set
tied this by stating that attorneys Tor
cross compliments mighe speak between
the attorneys for the commission but tnIt
he would not hear them in conclusion.
Assistant Attorney General Fuller s'ip-
milted other valuable testimony Of the
commission for fling This was principal-
~ in Tie form of aftidaviis. An AFFIDAVIT,
Lv Auditor Askew of the commission
showed that in September 1895, out of $50
shipments of freight tie Houston anu
Texas Central company gave rebates on
over 600 Of such shipments.
Another affidavit by Mr.. Askew de-
scribed how, In examining the IetoiIs
of the San Antonio and Arkansas Pass road
on interstate freight paid to the WaShbu. !
arli Moen Manufacturing company on snip
nlents from Worcester. Mass, To HousVon |
and thence TO other points in T,Xas; THESE |
vouchers, Mr.. Askew alleged, showed tent
over $22 900 had been paid the Washbufa
and Moen company in rebates, this amount |
being divided among the several coilpa-
mics engaging in the maui.
Affidayiis showing that other lines mao
reduced their revenues by giving rebates
were also introduced. Testimony was Oh
fered averring that Texas roads win III
terstsee connections had maze cas.oi,,
of diyer,ing freight shipments III oruer 10
he able to show that their Texas property
had falleu off in the production OF rev
enue. o.,
The Introduction Of Testimony over Gen
era) Craze began his argument LOT lpe
He began by relerrins ~ ~
former suits against the commlsso on a'lu
Inc iniunction of it's tariffs that Judge NC
(,1rmif,k had granted. He Grew com
rarlson between that case and me one
bending and asserted that, as In the former
suit III one great que ton at issue Was
whether the boay of the rates MADE ny
the commission is just and equitable
1leling up the plea Of the railroads mat
under the act of 1853, which provided that
railroad rates should not be reducea
,ftener than every ten years, ara theh o:ny
when such reduction did rot bring roau
|
IN the investment, he stated that few OF
he roa;ts Interested In the present SUIT
,ould make such a plea successfully because
nearly all Of them had been chartered since
he con't.tutioral convention OF 1915 Iheh
,eaip. he continued. the Houston ano
raxas Central, the Missouri hahshs INV
reyas AMI the Galveston. Harrisburg and
,an Antonio could not plead res al1u1lca
because they were rot parties to the former
.ult.
Counsel for compla!nants have laid great
,trees on what they aNeged was the unoer-
,als,atinn OF Texas railroad property by tDe
ommiesloa. An weTipg this part OF thur
regiments the attorney general read from
justices Harlan and Brewer, n famous OIL
ON they have delivered, statements sho"-
ny that a railroad is not TO be valued at
What IL co'lt or what IL viii be worth in
ears 10 come. but what II Is worth at
he time the valuation is made. He claimed
/ cost a great deal more 10 build rlilr5ais
when the tires interested were constructed
han II would cost TO replace them now.
III kinss Of material, he said cot more
hen. lahor was great deal higher. as J
ess the cost Of TRANSFORMATION OF all KINGS
= material used in railroad construction.
IIa con,royerted the statements of Judge
>ovett to The effect that the civil engi-eers
whose affjdayits were offered by tho COM
pission wera "arnateurs." He sa'd they
yrra men OF tho highest professional edu-
alton and training, men VINO nai hAo Ssa'S
Il exre-ience IN the ran-naf CONSUMPTION
nd building, and that, unlike the railroad
rgreerg. they were not personally Inter- ,
sted in the result OF this or any other con- :
roversy between the railroads AID the
onmiss on.
He said the commission had made valu-
ton OF the roads with the utmost care and
ad invited the roads themselves to help
4 the work that when the commissions ,
had been fixed, fifty DAYS had
cen given the railways IN which to prove
he valuation was erroneous Not word
I objection came from any OF the lines :
rem: but row at this late day they rushed
no court and howled that the commits :
Ion's valuation was much too low.
The speaker next turned his attention to ,
ie question ~ what was iuT earning
n sha Investment Ia q railroad property.
,sferr'.lg specifically no the International
nd Great Northern. he named the com
I.ssion's valuation of that property and
bowed that line had been earning per s
srf on said valuation. c