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


provided that IL any railroad shall will
fully fail In either provisions OF said act,
or shall do any act therein prohibited, or
shall fail or refuse to do any other duty
enjoined upon II for which a penalty has
not therein been provided for 1t shall pay
TO the. State OF Texas penalty OF not
more than $4,000.
BY section 10 1t Is provided that all OF
the penalties therein provided. except In
section IT, shall be recovered aud suits
thereon shall be brought in the name OF the
State Of Texas In the proper court in Travis
county, or In any county to or through
which such railroad may run. by the at
torrey general or under his direction.
BY section 20 Of said act Ii Is provided In
effect tihat on the application OF any per-
son or firm, the commissioners shall fur
nish certified copies OF any ciassificatlons,
rates. rules. regulations or orders, AMI
such certified copies, or printed copies.
shall be admissible Ia evidance in any
suit and sufficient to establish the fact
that any charge, rate. rule, order or classi-
fication therein contained Is the official act
of the commission.
That the said legislature of Texas did,
on The 9th OF April, 1897, pass another act
commission OF Texas TO make emergency
freight rates to prevent the evil effect Of
Interstate rate wars upon the business and
interests OF the people AMI railroads of this
Sbate," which said act was approved
the same day and took eifec,
August 20, 1897 That copy or said act
is herewith filed as a part hereof.
Ititlt In and by said oct 1t is provided
that said Commission shall have the pow
en- when e.eemed by 1t necessary 10 stop
or prevent inuer.tade rate wars and injury
TO the business or interests of the people
or railroads of this State OF In case OF any
other emergency, to be iuaged OF by the
commission, that IL shall be it's duty, at
| ter ulu'ee days notice TO the roads inter-
ested, to alter. amend, or suspend any ex-
| listing freight rate on any railroad In the
said Sta'te, or TO fix freight rates whore
| mono exist, which said emergency rates
| Shall apply on any one or more of the rail-
roads in said State, or parts of railroads,
| as may be directed by the commission ana
| which saIf rates so made shall take effect
at such time and remain in force for
such length Of time as may be prescribed
| by the commission.
| Sixth. Your orator AYERS t'hnt the said
commission did, at various dates between
| August, 1891, and April, 1892 ISSUE pro-
| mu,gate and deliver to the said defendant
| railroad company THE several communica-
| tons, schedules, tariffs, circulars and or
ders. copies of which are filed in the record
OF cause No. 1SS hereinafter referred 10,
| marked Exhibit G." therein, and made
| art hereof, all of which said communica
| ticns were received on or about the dates
| following their respective dates. That the
! said communications, tariffs and orders
| were promulgated by said commission and
| intended by them as schedules Of the rates
| OF q. .4rges for the transportation of the
| articles named therein over the railways
| OF the defendant railway company, which
| rates and charges said commission as
! sutled TO establish and fix under the au-
| thority purporting to be conferred upon 1t
| as such commission by said act OF April 3,
| 1891. and the said commission threatened
and intendei, under the penalties of said
| act, to compel said railroad company to
| aaopt and put in effect said schedules as
| rates OF Charges to he made by it for the
| transportation of said articles over its
| railways, and said defendant railroad COM
| pany did in part adopt the same and pro-
posed and intendei to adopt others had it
| not been for the facts and for the actions
| OF satt commission hereinafter set forth.
| SEVENTH That on the goth day of April
| 1892, bills OF complaint we're filed in this
| COURT by trustees OF mortgages upon large
| number of the railroads in the State of
Texas in and by which bills the complain
ants, among other taangs. prayed for sub
| etant.ally the same relief, to-wit, for in
| functions rendente lite, and final enjoin-
ing certain railway companies OF the State
oil Texas from putting, or continuing in
eHect. the rates. tariffs, circulars, orders
and schedules of said commission or any
OF them. and canceling and declaring null,
l -, b.
| culars, orders and schedules heretofore
| made and issued by said commission; that
the relief sought in all aad causes was as
| aforesaid substantially similar, and that
| your O.! ator Graves leavs to refer to the
| record of one OF said causes entitled the
Mercantile Trust Company. trustee. VS.
| the st. Louis Southwestern Railway Com
| pany OF TeNafs. No 1888 of the equity
docket of this honorabhs court as part OF
TINS bill of complaint in like manner as
| II herein at length transcribed.
| That sal1 Gauges proceeded to a final de-
| cree in this court, and were appealed by
| SAID railroad commission and others TO the
| supreme court of the United States, where
the DEGREES OF thi3 court were AMENDED,
and as so amended affirmed; that the de-
ctees as amended and affirmed and as en-
| tered by Nlls honora BILE court uron the
| mandates CT the supreme court of the
| united States In slid causes did alliudicate
I, ana establish that the rates tariffs, cir
| GUITARS. orders and schedules heretofore
mace, issued anA promulgated by said rail-
| ROAD commission were unjust. uureason-
able, confiscatory null ana void, and did
| cancel and annul the same.
Ihat preliminary iniunctlons were
| granted in said causes shortly after their
| institution and that as soon as said PEE
linImary injunetlons were issued the said
railroad commission voluntarily Cancelled
anm annulled all rates, tariffs orders and
| schedules heretofore ssalei and pro-
mulgated by it prior to the final decree in
| SAID cause No. 1873 and in the other causes
| hertlinbefore referred to.
Eisllth. That Immediately or shortly after
| the said decree entered ON the mandates OF
the supreme court of the United states in
SAD causes Nos. 1856, 1877. 1SS, 1SO
and 100 became final. the said
railroad commission of Texas resumed the
making and establishing OF rates. tariiis
| sschei-ules, ohasslfcatlcas and orders which
they promulgated and intended as sched-
uies Of the rates OF charges for the trans
| portaton OF the articles named therein
over the railways of the defendant com
pSny. Which eaid rates and charges said
commission assumed to establish ami nv
under the authority purparting to be con-
lerred upon it by aid act of April 8, 1891
ana after august 81, 1897. also under said
ect OF April S, 1897, and the said commits
SION threatens and Intends under the nen..
| eMies Of said act of 1891 10 compel said
Ielendant rai.rtnd company TO continue in
| enS CT arii TO adopt the said several sehed-
| ulss as rates OF charges to be made nv !,
iar re transportation of said articles over
It's railways, AMI the said defendant rail.
road company has. under protest. adonted
the sams and, unless restreipsi by ire
ORDER OF the court will adopt aud put into
eHect those still 10 become effectiye as re.
CURED or sought TO be required by sahi