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

tho IlouSiOI &Nlu Texas lenLT1N RullNDdQ
company. Is n corporation organ VI d and
existing under the laws Of the State OF
Texas, and u citizS0 and resi1ent OF sad
Stase. That the rairosi commission OF
Texas is Il corporation organized and cx-
listing under the laws OF the State of Texas i
and q citizen OF said State and an itihabbs- i
ant OF the Western ,distrlct OF said State;
that the defendants, John II. Reagan, H. j.
storey and Allison Mayheid are cftizeas
dnd feeidchts OF the State OF Texas and are
members of ard constitute the railroad
commissions OF Texas. and they derive trv
and all rover, authority and character a.
suca commissiof, tn respect TO inc matters
herein complained of, from ana uniler an
| act of Tho legislature OF the State OF Texas
approved April 3, 1881, entitled. AN act
TO establish railroad commission for the
/ State OF Texas, whereby discrimination
and extotson In railroad charges may be
/ prevented ans reasonable frcigb. ami pas
eenger tariffs may be establ shed: to pre-
scribe and authorize the making OF rules
ana regulations to goyerr the commission
and the railroads and afford railroad COM
panies and other paiaies adequate remedies;
to prescribe penalties for the violation Of
this act, all to provide means and rules
Tor Its enforcement" y copy of said act,
marked EXHIBIT b. Is filed herewith MS
II part hereof.
That said act fixes and establishes the
office of sid railroad commission of Texas
at the city OF Austin; and snid commission
: and said Reagan, Storey and Mayhefd. ns
such comm ssioners, and said defendant NJ.
M. Crane are citizens and residents of the
, State OF Texas and of said Western distr ct.
ana that said Crane such attorney gen
eral claims the right 10 exercise the powers
adra perform the duties purporting to be
conferred and imposed upon the attorney
> general Of said State by the said act of
, tho legislature of Texas above referred to-
: Second, Taiat the legislature Of the State
: of Texas did, in the year 1S4S, by an act
approved March IL, 1SiS establish n boiy
corporate under the name of the "Galves'
ton and Red River Railway company
asG did Oh the eleventh day of February,
= 1852 pass am act supplemental to saI act.
making more specific the duties powers and
franchises OF the said original corporation,
i ana did on tho hrsi day of September 1856,
poes an act amendatory and supplemental
. TO an "Act to eSiablish the Galveston and
" Red River Railway company, and the sew
n cral acts supplemental thereof and DID
i on the fttcenth day of August, 1870, pass
= an act entitled AN act for the relief OF
the Houston and Texas Central Railway
70 company" all OF which said leg slative acts
l. are referred to as parts OF this bin of COM
plant in like manner as II herein al length
:. SCI forth.
~ That under and by virtue OF thu several
y legislative acts aforesaid corporation was
,e organized and creates under the name Of
/, tho Houston and Texas Central Railway
" company. which by purchase, constellation
- with other corporatlSas and construction
m had acquired, ami WIS prior to the judlcia
fol1owlnv Tcscrghet railways amounting IL
10 tbs aggregate to about 463 ia miles o.
:, i A lin, az railway from the city n
" uo,,s,on nc so VI no,nt IN Rod river IN IN,
On ao,mtw =, c,aveon T., the Stata NJ reYos
AZ A 1.-Two N; -, n,va,, from uemnsteeI 4,
a., ~, o ~ y. yva,s',a ~, ~ y, A,,s,i,
Nv in tie county OF Travis, IN the State o
nd ,s,,,,., -r,o, ,,,v,.. tho ,,u,.,,s oon,.rra,
In ,a ' a., 80 lI, 'Ao 49,, ~. 80,
Nv , hpun sam nasiWay eoatpA's W sa,'
ne av ~, Az, ' nnu,e.ata an,,, ~
of ara u ue ~ E.,tra
on pai,,,av con,nanv dia IN or ahou
hs the Ne, ao,. ~ A,,rt, 1881 axecnte a dee
20 go, u "a ~, ~ uarn,nra nan ard ,rr,,s
oa,a ,nae " ~. e 49,, ~, Now yors wheres
,p- M ia -, 90 non,,,an, ,,rnv'aad To-. IN
Ia, wy etlls '"hNsS eSi ,i' ", ~ ", $500, !,
'se issue OF series OF ponus 70 W ssos,en
Ivy ',o'.sase upon e"e mnoS y. uhon rtS n,s'i
ate .. the plops.'s ho''n''''V "ee''
'o, n,,, .9 ws' .,, ,.,,,,a av,ora,,,
inc main iphs ., saf, rahmas eN.,n,'a.
'ge from iiouson 20 Rou river was sMpject
lng the following incnm'Tanres, enloylhs pr
al, orfty over me mortgage Mores@aP, to-wi'i
=" |. To q fret lien ard mortgage IN ray,
eir OF the State OF Texts HEREINAFTER more tui
refeiTe5 10, the amount Thereon being I
,rg hereinafter shown m dispute between III
~ said State AND The Houston and Texas Coz
nat trail Railway company. said Hen, howevec
In bearing upon only o portion Of said raj
md way.
.. To second lion in favor OF the hol,
!. ers Of s5,SsS, 900 OF the first mortga,
can main line per cen. bonds OF the said con
war pany.
4. To third lien In favor OF the holde
u OF si5sbooO Of the consolidated mortga,
unit per cent bonds OF tho said company.
Gu THAT the said western division Of sa
u,rad 70 A,..tIn ,,s ss,hiact IN tha foIIowi,