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

k$8 TO be unjust. UNREASONABLE as.A con-
ktory were PROMULGATED as hereinbefore
hi. and each and all OF the tiriffs rates.
kgcs and classificahons in force and cf-
When the several tariffs. schedules.
D. chargee. cIassifica,ions and orders set
n In "Exhibitsx and W hereto an
I'd and made rart OF this bill OF com
hi were promulgated and established 4
Ahe commission WIRE. with probably q
minor exceptions not affecting the gen-
result. In no case unreasonably hisi:
the same were not in restraint OF the
movement OF all commodities affected
Seby: that the same were In gsneral fur
! than the rates and charges for like
deportation Of like articles prior to The
ktruction OF the linee OF railway OF the
Smdant. COMPANY. and that the same
e not and are not sufficient TO enable
| defendant eomDanv to nay even the in
81 upon its bonds. Wherefore YOUR
or AYERS that the reduction OF such
Is are and would be unjust, unreason-
and in effect confiscatinn and an
briaiton to the use OF others OF q por-
! OF the capital invested by the benefi-
lies of your orators trust and by other
hons In the railroad and securities OF
! defendant company. and a taking of tbs
Derty of said compNny and of YOUR ora
aud of the beneficiaries Of its trust
.hout due process Of law. and not In due
sation being made contrary to and In
alton OF section l. of article il. of the.
Sndments to the constitution OF tie
tied States and sections II and 10 Of
3cle 1. Of the constitution of the State Of
has. Your author further ayers that its
rs. charges and Considerations we're
d and established bv the defendant
Rpany with a careful regard for the
fnctaL commercial Wind connective con-
n W m "a N
trol the making and relative adjustment
bates and classifications in the State
Texas. and vet that the earnings from
tlsrailwav and nropertv have not Leen
4iclent, at anv time prior to the estab--
ment bv the railroad commission of the
ifs. schedules. rates and orders conr-
med OF. to pay the interest upOn its
Ids. and We're only as hereinafter stated.
Eleventh. Your orator further AYERS that
b and all Of the rates. rules aud regula-
q established by said railroad commits
b. and set forth In exhibits "X" ana
hereto annexed were made and estab-
I'd by said commission in pursuance
THE design ana purpose repeatedly
WED nv It, and which are its settled pol
TO reduce the rates of said defendant
Yroad company until they reach level
Will when applied to the ordinary
irne of traffic. Weld to said company no
pc revenue than Will be sufficient. after
3lng operating expenses end ordinary re-
RS. to nay a reasonable turn In the way
Interest or dividends on n sum which
commission has assumed and stated
be sufficient to construct Il similar rail-
d at the present time. And in pursu-
e of said policy and design and as means
ACCOMPLISHING such object. said railroad
omission some time during the year
produced and caused one of lis siii-
ives TO examine said railroad and pre-
Re an estimate in writing of sum which
&the opinion of such employe would be
lficint to cover the cost Of constructing
railway at that time: and upon the
sideration Of such report said COM
Ssion caused the same. or one prepared
= it on the data thus obtained. to be filed
h the secretary OF state OF the State OF
kas. as the said commissions estimate
4 the present value of said railway and
nrtenant property. and thereupon de-
ped. and has since repeatedly avowed.
i the sum thus ascertained and stated
IS the limit of the amount upon which
h defendant compary should be entitled
I earn ret,Irns from the operation OF ITS
lperty. Including that covered by the
resaid mortgage to your orator as trus-
That according to said report and
Innate of said commission the value o!
/ the property. rights and franchises of
company. and the aggregate sum be-
"a which said commission holds that
d company Is not en.Itled to earn reas-
pble returns in the way of interest OF
fidsnds, and to which 1t is the avowed
rpose OF said commission by the rates
resaid to limit the earnings OF said
hpany. is only S9.5SS. 903.2S, which Is
livalent to but about $21 1S6 per mile o!
lroad owned by said company as afore-
u. although said commission knew or
Fht to have known that the actual cost
said railway and the aggregate amoun
the stock issued bv said company anf
lds secured by mortgages or otherwise
pm said property. as hereinbefore alleged.
Eetser with the amount expended by II
betternlents and improvements since Il
uired said railways and tine present
ue OF said property. exceeds S2S 600 900
about s62, 900 per mile OF railroad.
4 nat said estimate SO made by said com.
Ession Is based uDon fictitious and i'm
ssible conditions and Is erroneous and
personally low. and in arriving at tn.
nne. and in basing the aforesaid rates
Les and regulations thereon. said com
sSlon ignored all practical conditions
refused and failed to consider and TAX,
to account the true value Of said rail
fys OF Said defendant company. the orig
al cost OF the construction of the same
amounts expended in permanent i'm
3ovements. the amount and market yalu
! its bonds and stock. the probable earnint
kDacity Of the property under particulu
pes prescribed and to be prescribed by 1
earning clTacity of the property unde
IeS liked by said compeny itself ths
my years REQUIRED and large amounts
pended and lost In interest on the in
siment and otherwise in building up am
curing the present volume of traffic o
nefendant COMPANY. the sum REQUIRE
place the railways of said defendant
mpany in such a state of repair and eff
,ency as the travelling public and person
ihg the same have right to tienlan
view OIL the advanced civilization q
age OF the constant improve
MS In railroad apparatus ant
s'ruStlon now going on ant
efsnsents OF value herelnbsior
enLioned and many other matters whia]
louiu be considered and given weight Il
'aohsnans the true value OF the propsrt
uhe defendant company ana the rate
compensation for the use of rs propert
nieh would be just both to 1t and to tn
upIic. but that said railroad commits so
1eo It's tariffs. rates, ord:irs. schedule
"a circulars without considering or Civ
~ weight TO the matters aforesaid an
many other matters relevant TO In
aiue OF the property and to the fixing q
,u rates, bat fixed the same upon III
ise fNAitious and erroneous estimat
iaue by said commission and its emplcye
20 me alleged cost OF duplicating tia
lnysicai property of said company in IN
e.r 1871, as hereinbafore alleged, an
nlch estimate was far below both til
liglnel cost and present and real Co
lid value of s.ij nro,~s.,l,,, M, a. -