The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-12-02

/, , !, accurate--bu, II seems 10 m. M,
on, NY oeyori the fair value OF the urpo
~ " Is shown to have bccr bu,., IL
a,'u constituted and to exist ,c.,ay |.
so'.,e ouslhess concern and that s,,rn rats,
4 M. 80 ior the carriage OF persons ana
49, 49, as are Reasonable. considered WIN
/ IN 49,, 70 we cost OF the carriage and
49,. .a, ". ~ tho carriage to the ous for
wnom the service Is rendered can ~ ~
leluc.d by the force OF State law ~ ss,,nn
= =, scare as would appropriate Tho vai,,,. ~
,rN Iivpery IN any measure 10 the usp q,
~ Puoiic without jus, COMPENSATION ~
t sne owners thereof, and would tsenr,ys M
W. - thereof OF the equal projection q.
,,.s lev, ,s.s, guaranteed by the constitution n
'ns United States. as citc..
II seems to be eontanded f,,,f AZ, 80
OF the Houston ana rSSss G 80, els Sase
ieta company fully justiries tSc ar5{,,n
.ue e1hihissiun In its Imposition AZ \ va
,eu " rates bSsansp MS II Il ,,.,., !,
80 lnaie earnings over ana above operat
fnS expenses sufficient TO nay lbe fnternst
~ iiS outstanding bonds, ana has a small
80. us " rev Thousand dollars in ex-
u .. US shown by It's return 10 uhs ,on,.
mission OF the operations OF tho voar ~.
ing the S0th Of June. lSgS: In oliSer 1y,n,Sis
u haS paid interest Oh $4,000 of brnis Ia
INC thiie. The, return rcferr6i u Il male
oa forms submitted BY the commission, ana
unuer the itein o. opsrating expenses only
Ii.u,'iiry repairs and replacements are al
,,oWer' IN case an insufficient wooien
bridge Is replacei by an aieo,.,ts iron
,ige. mat Is ti'aAted as Il bettcrment ana
noL permitted 10 figure In the returns as n
part OF the operating expenses The bilI
ana cross-bill show that IL such better
nlynts. WAien cam only be made or procured
vus OF the EARNINGS of the road, were all
lowed Ia the return OF operating expenses
tne revenue earned and rendered ns naf
revenue would not have been equal by
several hundred thousand dollars to the in
terest on the bonded Indebtedness; that
the Bonded indian edness outstanding
asalnst this ro71. being In excess or tho
Nsiue liked DIV tue commission to the extent
oi more than oO per cent, the company has
no means of providing jor such betterments
u not allowed TO charge them AT any time
against the gross earnings uf the rosl
more than this, Ii is shown that the rold
laS never az any time paid amy dividend
Upon sts stock. On the whole case as made
n ine case OF the houston ans Texas Cen
raj Railroad company. il seems clear 10
ne this system OF rates adopted and en-
oIeed by the commission does not afforl Ia |
ne owners of this property the equal pro-
ecuon OF the law aud takes from the owa- |
rs and stockholders the property they haze |
herein wlthop; Just compensation. ana that |
herefore the rate must be held TO be un- |
easoEnoly low, unjust and couflscltury aud |
Gould not fbe submitted to and can not BIS |
suffered 10 be enforced.
AS already said, the case made for relief |
n e2ch of the other suits seems to be
troneer uhau the case of the Houston and |
eNas Central Railroad company. AMI the
violence appears TO me TO show clearly |
hat the system Of mates imposed is TO each |
4 the roads unreasonsVbly low, unjust ani |
Cniiscatory. Therefore the prayer OF the
i'll in Zach case is granted 20
he extent of enjolnng the Roads
rom adopting the rates heretofore
by the commission, and
njoning the commission and the attorney
eneral from enforcing the same. and en-
oining all persons claiming Hereunder
rom prosecuting the railroads or any OF
re officers thereof for the Observance
the system OF rates heretofore promu-
ated by the commission.