The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-24

ichg as they were reasonable. All renen,
peiel inst judge SiedrIan was formerly ,
/ , ,nenoer OF the commission and al
G lie claimed the International a Il
oieal Nortaern was worth 49, 900 per mil,
| instead OF $4,000, as estl,nrei nv 81,
co, !, THIS closed the days oratory
TOMORROW being THANKSGIVING nav ~,
court VIII sit Only three hours. Other eyi.
! nee VIII be offered FOR the commlssl or
aiu e,ther General Craze or Mr.. Puile-
VIII address the court Whoever speaks /,
eApee'ea 70 put IN some stra sht blows.
Following IRE some ~ the s,a.aments IN.
lreauced by mir. iSru,tschnitt yesterday /,
| reeuutal to the States answers IN sbe va.
rious cases:
:, IA th5 case Of the st. Louis South west ern
ie1-i"@y company: The total net earnings
| VI eie aeleAN~nt company tor the year ensi
| Ing JuIns 50, 1885, anlounuei. TO SiS,7 f,a IA,
| lne LANES amounted TO $53 1896. leaving
III slilsuWI appncabie TO fixed charges al
only SIoe, 4oi.y. The interest on me hrst
moi sase ponds amounts TO S37i, 500. hence
wluhout considering any other items 10
81 b,v-yss eS eNPsnses there Is a deficit of
S-f hooo'1l In the amount required TO Day
interest ON the first mortgage bonds ana
tiils amount must be earned in addition
70 present earnings, before tie second
mortgage bonds will receive anytAdng.
lSee Exhibit "B'' attached TO aftraaylt OF
II. u. SoDp, auditor of defendant company !
z. The losses iEaicted upon the defend
ant railway company through the commits
son rates; that is to say, the dim. nuliou
IN earnings, through tie operation OF said
rates. over the amount tina. would have
peen earned had the rates In force August
40 1874, been allowed TO continue in force.
amounted, Gu State traffic alone to SloT. :
44p ID. The loss upon all fl.klght, state
M
me proposed cotton tariffs, which have
been enJoihed in this case, would have en-
tailed an additional loss of IS, 300 81 on
purely intra state business. and OF Sir
SOi.s6 en- bath intra-state and interstate
business.
8. The commission itself valued tire
physical property of the defendant railway
company, two years ago, at SS,S62, 292. ~
tSee sixth annual report of commission,
page 27S.)
The foregoing synopsis shows that the
commission tariffs have and will dimin-
ish the revenues of the defendant COM
pany. 1t also SLOWS that the net revenues
applicable to tlhe payment of interest, to-
wit Say ,6S5.21, amounts to not quite s
per cent even upon the alleged value OF
duplicating the physical property of the
company. Under these circumstances 1t
seems unnecessary to go further, as every
fact necessary to justify the interpolation
w
ertheless, state, briefly, the other facts
proved by the evidence filed by us.
4. The details of losses from each and
every tariff pf the railroad commission,
now in force are clearly shown in
lengthy affidavit made by Mr.. G. w. Barn
hart, general freight agent OF the defend
ant railway company.
5. The amount required to render the
railway OF the Defendant company in its
construction and equipment safe and suit
able for the operation of its trains and the
carrying on of its business, and to enable
it efficiently, economically and profitably
TO perform its duties as a common carrier
amounts to S4,141 ,633 (See afGdavits Of ].
A. Edison, vice president and superinten-
dent: e. J. Nichols, resident engineer; ].
NJ Scrogin, master mechanic.)
G. To duplicate the physical property In
1892 would have cost S12, 665, 2442S, and at
the time when 1t was actually bult It
cost at least rs per cent more than ii would
have cost in 1892, or 1t cost when con-
structed, s17,32l25lo5. (See affidavit of ].
a. Edison, chief engineer.l
The court will observe that the foregoing
statements eliminate from considerat on
of this cause every element which In view
of the present state of the law. could pos
sibly be open to moments discussion
The figures given all leave out of consid-
Grafton any questions or matters requiring
exclamation or discussion, aud we insist
that upon the affidavitg ard evidence in
this cause the complainant's case is rem
dered even more certain ard clear than IL
is made by the foregoing We DO not give
synopsis of the general allegatlon.' which
are the same In the ten cases before tho
court ard which are sustained by ahidavits;
but only give a synopsis OF those special
facts, upon which we rely for relief.
In the case of the Tyler Southeastern
Railway company l. The defendant com
pany failed to earn even its operating ex-
pensss for. the year ending Juae 80, 1898,
by an amount of s4047S.59. (See exhibit
"B," attached to atfilavlt of X, u. C5pb
auditor Of the defendant conlpany)
2. The Losses inflicted upon the defendant
com any, through tn commits Oh
Is to say, the d!m.nutioA IN I
ear..ngs though the operation OF sid
rats over the amount that would have
been ear,sd had the rates in force August !
Is 1894. been allowed TO contiaue IN iotce. /
amounted On stateftratl.c alone to S'SoI62. |
The loss uroI al frelEhts--State ana inter- !
state-au ountad TO slo,S5i,SI
Tho proposed cotton tariffs, when nave
been enJoA4et n tnls cause, W satS no ~ oe
az additional loss o. Sgfe.yn op |
Purely intyastats business ana OF Slao5.sl
sa h In ntrast4te ARIA interstate bu mess
fsea eyhlht ''TH ana ''G attached 10 1
affidavit OF r. D. Cobb. auditor OF Inc
4 da eompany) .,
The above showing so clearly entities me
IA, "a an laIrnc ION that we slail
not trouble the court with Synopsis OF li.y
b ~ OF III iacts proven by the various
,ffi 'api,e offered IN evidence IN TINS cause.
Tire eyidence above referred 70 Shows
5evonl cavia or doubt our right. TO an m
Iunction. ana We submit thai mo lnJuac-
.ioa should be grated.
In the case OF the Gull. Colorado ana
,an,a Fe Railway con'ptny the ioiloRin6
sas given as syuoasls 81 priaespal fac9si
Mileage-1exas, s1s miles; Indian TeFri-
DRY, 100 mics.
,aIsg SIC O0s,4O per NILE
Firs. mortgage boDis, sl2,ess,oee; seeoao
nortgees bonds, sS,6if,oOo. Toiel, s2l'-
"a Oo0, on the sale OF which there MAS
--,1lizaa sae,s.5, It'll, being sis.ssi per
nile, ..,a, - mile
Total stocks and bonds. s25,siv'oOv' being
Is, 7S7. per- mile. an ,eos -.