The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-29
CASE OF THE STATE
~, Il Facts Submitted to Judge
Mccormick.
lex Of PROOF IN SIX OF THE CASES
,,.rca ny various Acts 20
- ss..r,,cd themselves OF "a
'se r.rt Of Their Income.

r.,os November 2s.--The fol-
Sa'' Easement of facts concerning the
as s 'a,rn,lssions side OF the hearing
va ,,,nc,ion restraining the appiica-
= !, l NJ conu,ssion's freight rates was
= admitted to Judge Mceormick' as
requested: ,>,sNe p,ss
company owns about %, et-loo
M rosd bonded for Sl7,9oo,ooo, pear,
At 4 per cent. It's oap',al
ln.e. enn,s ID si,912, 300. Annual IN
ah ss,s sid Que. The original cost
en .'.,,nn of fifty-thrce miles OF the
cn s,S, road was shcwn not to exceed
Nan sIo.OC0 PEI mile. 1t was not
~, the other portions cost more.
xn ,....lnn AZ the company's road liked
saiu sar,nission averaged Sl2,6a per
'ne .boNn that the gross earnings
y for the year ending June
ne VV ,,are 81 gTa, 04659. 1t was shown
is,'' .srnines under the operation OF
aim rules were in excess OIL
N saninc The period that the commits
c.,ot In opcimiion II was chown
Ma naying fer all the improvements,
..onanco and equipment, conducting
.'ar,o,ion ard general expenses OF the
~, for the years named a surplus
wi that the deficiency, IL. any,
...,,oa ON account Of the excessive
- S,naebteduess and the depletion OF
sron,,e hy the payment OF rebates anu
rs,.n,,rv reduction of its earnings De
w rates fixed by the commission lld
80 bs enioined, it was shown that
~ AN, sensation allowed the Defendant
'hy t.he commission rates for haul
,n.ar.tate freight was very much
~ ,san for like and contempora-
Is service in hauling interstate ireish''
ras shown that the cost OF haulins III
,ate freight was no more IMAM tnaC Oh
kl,ne interstate for the same distance.
tariff on cctton promulgated by the
,r,ission and stayed by the restraining
n would not cause any reduction OF the
(snuss II applied to the traffic this year
s,,se of the increased cotton crop. u
repairs mentioned are needed. IL -
IA Nv the defendant railroad con,mis-
that m increased rates should lie
bwsi therefor because 1t is INSISTED OH
oru Of competition and the sparsely
liza country through which the railway
de.endant company runs il would he
~, in raise the rates for that purpose,
they are already sufficiently nigh 10
hire A fair return Tn The actual value of
property of the railroad company. 1t
Brs. s.ed that inasmuch as this company
not Observed the rates prescribed by
commission, but has volun arily
urged less that this court will be unable
determine from the evidence whether
rates are confisoatory or not because
company has Voluntarily reduced its
IS below the point fixed by the commits
h and thus depleted It's revenue. 1T il
sted that the injunction ought to be
lied.
HOUSTON AND TEXAS CENTRAL.
be mileage of the defendant company
be report of June 30, 1898, is 452 $4,000,
the mileage which must be included
the report for the year ending June 80,
will be SOC 55-1O0 owing 20 the con-
ds1pn Of the Waco and Northwestern
the defendants companys lines. 1t
shown that ON the 80 55-t09 miles
there rested mortgage Indebtedness
p,i2s per mile, and that its sock
punsed 10 S22,O9T per mile. amounting
TIE aggregate of stock and bonds to
!ls Fer mile. The railroad commission
ued the defendant company's properly
40 average of S2l, 1866 per mile or a
a gn "a
saowl that during The four years that
s0mmissson Resumed making rates thaN
ine valuation fixed by the railway COM
son that the net earnings OF the de-
aaat company amount TO moie than 10
seol lor each Of those years. That for
aiseal ysar ending June 30, 1895, 1t
w u sS-lO0 per cens; in 1896 10 g. 100:
S5-loo. and in 1898, 10 62-lO0 per
wa even ii the valuation fixed by the
-sSloh Is erroneous and is multipliei
w Is SHOWN that for each OF those
or capitalization OF $42, 1850 per mile
ue'euaaH company has earned more
W. cent each year. 1T Is shown
~ w anhuai interest charges are $685.
NHuum. III was proven that the de-
company during the years 1894 and
'usSe mad paid out large sums In
4, ana mad lost, by voluntary reduc-
NV Inc rates fixed by the commits
nze sums of money. estimated to be
- tnaa 100000, and placed nv one
VASTLY more than That. and whose
knowledge of such a. ch,racter
,he, ,Aes II as nearly $1,000, 600. 1t
mar. n mat out of something over $50
INV " freight that the defendant
mn, ,u'uetarily reduces its rates on
A. ts uurng one month to a lower
asn nat liked by the commission. 1t
ca, snuwh That where the ties, wood
mrv s s,e IN 1898 cost the defendant
erai ,siooVa2o less than the same
IN " me year 1892 1t was also
n,s 10y uhey hauled twenty-five cars
Sss.sasnt train. 1t was shown that
mn company had for each of
H. seirs during which the commits
~ ~ oesa In operation earned enough
res 4, sppe.s.iig expenses of the roa l,
lear,s oi"s OIL bonded debt psr m lie
I'd A., surplus in the treasury 10 be
IA or s ~ one stockholders as divi-
nav "a sum other use as the COM
)Ius v,,, I'm best the amount OF the
10. m rem sIs7 900 TO 49,. 900 per
sea ae cetails Of these mas-ers will
Is q, ~ examiration OF the afFi-
nnon. ~ witnesses, c. p. scriyensr. III.
Tna,-ih,A Thomson. II. q. Askew.
va a,aHi and +. d. True.
xhmA 'so shown by affidavit that the
for k,,,, smpany Voluntarily accepted
nissIon ~, interstate fre.ghe th,n the
sAous ss moved for like and co1tem-
as alsa s ss In ;iauling State freight.
asrsa,s- awn that the trlnsposta ion
ary NJ meigh. cost the defendant
like an,o oN Than the TRANSFORM ion
VI dIs,saslas OF interss'te freigh. for a
y DEERE suhmvttl ma, i-,,~much
h ne mi, iul company has failed to
On ia, ~ iimti allowed by the com.
\ vSsn ~ - injunction ou-ht 20 be de-
"A ra.as a ,aev have vo'uuts,Epy rsdu ga
"a xsa lev those fixed by the COM