The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-02-24
DAY OF ARGUMENTS.
Lone Star INJUNCTION Hearing Con.
tinues In the Federal Court.
QUESTION OF a RAILROADS. RIGHTS
Parallel Gases Cited showing THAT
Rnil Lines May Make Contracts
as They Choose.

Galveston, Texas, February 2s,-The en-
tire day was taken UP in the Federal court
listening to arguments in the Lone SIN,
Injunction suit.
MT. McLemore, counsel for complainant.
made few remarks. and then General Al
torney Miller Of the Katy began aisun1ca a,
Tor the roads. He first stated tho position
oil the complainant, and then dsnud thst
the railroads had intended to violate see
ton of the interstate commerce aw in
demanding of the Lone Star Liue The pru-
payment of freight. charges.
The counsel for the railroads mapped uu,
plan, and each ono discussed the issue
along certain line of thought 70 sir.
Miller had been assigned the task of re-
viewing the cases hitherto decided by the
courts which bore any resemblance 10 Tie
one under consideration. judging from
the array OF authorities presented he did
his work well. The principal case cited
was that of the Louisville Railway COM
pany VS.. the Louisville and Nashville
Brldge company, which was deGidel by
Judge jackson OF the United States circuit
court. The facts in that case were thar
there We're two bridges at Louisville both
engaged in transporting cars over the river
into the city and vice versa. Both had ter
minal facilities and engines of their own.
Most OF the roads entered into contract
with the latter company TO do their Lrsi-
ness, and a suit followed. The opinion OF
the court in that case was that a common
carrier has the right under the law to
make n contract for terminal or through
business with any connection II pleases.
Mr. Miller denied expressly that there
is any power in the law or conrtS to COM
pei railroad company to enter into such
a contract as was sought by this case n
other case cited was that OF the Little
Rock and Memphis Railroad comrany
against the ST. Louis, Iron Mountain and
Southern and other roads, in which the al
legations were exactly similar to the allie
cations in the present suit. IN all the
cases cited the opinion was that common
carriers have the right to make joint
through rates with any connecting line
they please.
Judge Terry OF the Santa Fe followed
Mr. Miller arguing along the line OF the
position taken by his demurrer filed yes
terday.
At the afternoon session of tho court
Judge Stedman, general attorney Cor The
International and Great Northern railroad,
made his arguments. He said 1t WAS IN
material To the shipper whether the 'barg-
es on freight are prepaid or not, so long as
he gets satisfactory service and stated
rate He also commended that 1t is 10 con-
Germ of the shipper what sort of an az
rangement or agreement different and con-
Meeting lines may make for division Of
the rate.
The speech of tho day, however. was the
argument of Mr., James Hagerman, gen
eral solicitor of the Katy. Mr.. HageTman
has an interesting personality, and when
once in case. combative deposition. He
took bold stand. admitted the contract
| with the Mallory line, and contended that
| it had perfect right to do so. The action
| of the railroads he said was entirely In
| the domain of private conduct and was not
| n matter for the courts to regulate. The
| suit of the Lone Star had been brought
under the provisions of the interstate com-
| merce act, but the speaker attempted 10
show that the line was not subject 10 the
burdens and penalties OF that act. for the
reason that IL has no tariff Of rates flied
with the commission. He. referred TO the
| Lone Star as "a rover Of the sea that Goes
business at unpublished irregular and nm
VARYING rates II has come OF its own
volitjon into the field Of competition, and
should be the last one to cry out that II
was being hurt.
At the conclusion of Mr. Hagerman's ar
e,ment Attorney Neethe for the complain
ant addressed the court He confined MIN
self TO a discussion of the demurrers filed
by the Santa Fe and the international and
Great Northern, and without concluding
his argument the court adjourned until IL
a. m. tomorrow.