The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-23
The INJUNCTION HEARING
States Testimony WIN Nsl Be Intrsduced
Until thursday.
the PRAYER WILL NOT Be GRANTED
Says judge Mccormick, uslcss tue
R6ndhoidcrs show an Oycrwheun.-
inE Reason for II.

| Oailas, Texas, November 22.--Tbe hear
ing in the railroad injunction case com.
menced again at III o'clock this morning
and for suit OF its weight proceeded very
nicely. Immediately after Judge Mccormick,
appeared Attorney General Crane asked
that he be allowed tlll tomorrow in which
to get the facts of the commissions side
OF the fight in proper shape for prescnta.
ton.
Mr.. Kruttschnitt for the bondholders,
demurred, and tho court said II was I'D
visabe that argument begin This was
done, counsel for complainants agreeing
to give the attorney general till Thursday
to get his testimony ready for submission
to the court.
The same big crowd of yesterday was in
attendance and the same fapt attention
was shown. Once Judge Mccormick stated
that an Injunction staying the power OF
the State railroad commission was an ex-
ccution before Judgment, and that unless
facts offered by complsinapts were over
wheqming he would not grant the injunc-
tion This caused some wondcrmcnt and
alarm among the railroad attorneys aud
caused them TO show some apprehension.
Otherwise, there We're no unusual features
OF the days session.
Mr.. Il. b. Kruttschnitt OF New Orleans
representing all the complainants, spoke
Tor nearly four hours. He is grandson of
Judah T.. Benjamin ard has the reputation
OF being a great lawyer. He talked for the
most part In a conversational tone aud
made no attempt at a display Of oratory.
His remarks We're fairly strewn with fig-
ures. He began by telling in general terms
the claims and al4egutio of complainants.
Ho said the tariffs of the railroad conims-
sion We're in direct violation of the four-
teenth amendment OF the Federal constitu-
ton. That it was clearly In the prov nee OF
the court TO enjoin the commission; this
injunction compialnants prayed for and
wcaid attempt to show why such Judgment
should be taken. He said the roaus should
be lett untrameled save by the composition
they themselves produced
throughout his long address he frequent
~ referred to the decision Of the United
States supreme court in the Smyth VS..
Ames shutdown all over America as 'the
Nebraska case'--and often read long ex-
tracts from Justice HarlaTs opinion. He
argued that under this decision the COM
mission had no authority whatever to touch
traffic that did not begin and end in the
Stale and said Il cost n great deal more 10
conduct local tan interstate business
The court invited a discussion of the
market value of railroad stocks and bonds
referred to in the Harlan opinion and Mr.
kruttschnitt talked OF this at length
He then took UP part OF the file of testi-
mony he submitted yesterday and read long
tables of figures, affdavits from railroad
oii.ssaiS. engineers, etc.
Taking up the suits. beginning With that
agaiie.y the St Louis Southwestern, he dis
cussed the testimony relating to eatl Ia
turn. He produced column after column or
statistics purporttng to show that each OF
the ten Gines interested had been suffering
severe losses on account OF the commits
stems tariffs. He took the tariffs prior to
August 15. 1894 and compared them with
the tariffs since promulgated by the COM
mission. He alleged that only one road CHE
Houston and Texas Centra) was producing
6 per cent on the investment of its owners
and claimed the st. Louis Southwestern
was making less than per cent on the
commissions valuation of the phys's1
property OF that line, In the case of the
San Antonio arli Arkansas Pass railway he
said that for the year ending June 30, 1898.
there was a deficit on the amount required
10 ray Interest on its bonds. He dwell at
length upon the allegation that the commits
sion's valuation of railroad property was
small and introduced affi
daylts OF ciyil and contracting engineers TO
support his claims The per cent OF tho
total earnings paid, he asserted, was very
small for even the commissions valuation
and would, of course, be smaller ON bona
tide valuation.
Discussing the international and Great
Northern case. he sald that line was in
yetter shape than II would ever be again
because the road had been in the hands OF
receiver, where it didn't have to pay in
crest on it's bonds and because no tax on
he line from Lolgview TO LAREDO had been
'eqnired, but that the road was now out Of
Is receivership and would not be exempt
rom taxation after 1900 But even with all
mis- in the InternauioDal's favor, he claimed
he road lacked $4,000 last year of pay
ng per cent on the commissions valua-
ion.
He devoted special attention to the case
II the Houston and TeXas Central. He
tated how favored that line was in its
ocation and terminal facilities and having
he good Will OF connecting roads aud
aimed these were the reasons the Central
armed per cent on the investment de-
mite the tariffs OF the commission,
Tomorrow four other distinguished rail-
oad lawyers will address the court Mr., |
OF ST. Louis will talk for tho |
Missouri Kansas and Texas and other gen. |
raj attorneys Will follow
Attorney General Crane and MIR. Fuller !
VII speak THURSDAY and Friday for the !
commission and Mr.. Kruttschrltt Is ex
ected TO close the argument Saturday.
The attorney general IS splendidiy pre-
jared ard his friends expect him to be-
ave brilliantly.
Chairnian Reagan Of the commission
axes notes of all tina, trsnsp.res ard ne |
md Commissioners MaNfield and Sorey |
IRE assisting the attorney general IN all
'ossible ways