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

+ r. MCCORMICK. one OIL tHS 1uusSs VI tuc
above court. at his chambers In the
United States court house building at
Dallas Texas. for a preliminary In
junction in manner and form prayed
for in tho bill OF complaint to be filed
in this cause In the above. entitled court
and upon exhibits and evidence then
and There to be presented TO said Judge,
OF which said bill OF complaint a copy
Is hereto annexed.
Farrar. Jonas. Kruttschnitt & Guricy.
Attorneys for Complainant.
Accompanying the above were nine other
notices to the same effect. They were In
tho name Of the Mercantile Trust Company
against the Texas and Pacific and Reagan
it all; of tho Central Trust Company
against the San Antonio and Arkansas Pass
and Reagan ct al: of the Farmers Loan
and Trust Company against the G,pif Colo
RADIO and Santa F'c and Reagan ct nl.; OF the
Mercantile Trust Company against tine
International and Great Northern and Rea
ran ct al; OF the same against the Tyler
Southeastern and Reagan ct al; OF tho
Central Trust Company against the Mis-
souri,, Kansas and Texas and Reagan ct al.
Of the Metropolitan Trust Company against
the Houston and Texas Central and Reagan
at al: OF Frank Storrs and William Hill
house against the Galveston. Harrisburg
end San Antonio and Reagan ct al. Like
notices were served upon the representa-
,tives OF tho roads named.
The above Is the first step In tho effor'
70 be nude by the bondholders OF the prin-
cipal railroads in Texas to prevent the
commission from enforcing Its cotton tariff
the roads themselves being made parties
1T being sought to reftrain them from
adopting said tariff.
Accompanying the notice were ten bill
Of complaint, disclosing that 1t is the In
tention of the bondholders and trust conn
B panies to ask for a general injunction
against the commission on the ground tina
5 its rates are confiscatory and TO agail
raise the question OF the constitutionallt
Of the commission act. They will conten
also that although in tho former case tn
question Of rates went off on demurrer, tn
State admitting the unrensonubleness o
tile rates TO get decision on the auestio
{ of constitutlonality. the decision as TO th
rates must stick
The valuation fixed upon railroad proI
erty In Texas by the commission Will ais
be attacked and the commissions authorit
to adopt such valuation as a basis Of raj
making will ba questioned
Attorney General Crane spent n lars
n portion of the evening in carefully read,r
the bills. but declined to express himse
(. for publication after having digested lhe
contents.
The railroad commissioners had nothir
to say about the matter either except tn
they were much bettcr prepared than
1893 to meet the railroads In court al
that they had no fear OF the result.
is doubtful. however. whether the State CT
yet ready by November 10 to make answ
on the facts involved in the case, as
&, Will DO necessary to produce vast amo,,
Of date requiring much labor in the prcsec
pton thereof
Be this as II may, the application will
fought to the bitter end and facts Will
!, disclosed during the proceedings 20 foil
the granting thereof. II IT is granted, Il
will lot the light An upcn the inner wor
tngs Of the traffic departments OF the d
nMpalt TsxAS roads. A brilliant array
lassl tAl>nt comprising some eight
Ten well known New York lawyers. bssl,
KruttAchu4tt and Farrar will represent
81 har61,saAnv~