The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-29
70 be held by thls court tasa, sush r,..
are confiscatory or are unreesoaa0ly Low
INTERNATIONAL AND GREAT NORTH.
ERN -. =


Commission ya.uation sls 90 zee 60.
average value per mile, sIs0s,; bonded
debt, sls.i7s.o52.5o; amount Of bonds psr
mae, s2s, 445; amounSt OF stock per mile 81
road, $l2,5s0; annual interest," cb,rses
agslnst the road per their sworn .,,,c.
ments. $e0l.l2o; average number 81 frc,eh,
eurs IN train. 20.2. On tha c,mn,iss,n,,
AZ aual'oh Tor the four years during which
s.1'.. iu'es nave been operative the net enrn
~ INC railroad company have beep
Us ioilows: For the year ending Inna IN
1850 900 per cent; 1886. i ,ssios ~
~ lo9t. 4-l00 per ccrs; 1895. il %. 20,
,,.s se eI mat the total gross earnings az
r'., ae aa ant company for the year endnu
800. ,, ov, 1873, was S3,16a,00j5s mere than
FIR ~, aa cal4'ei in the history OF the road
,vr the same period with tho exc n on of
.nc year 1893. which Mas Il yell- ~ un,-,,,,
~ p.ospeIliy among railroads generally. n
was SHOWN that the tonnage OF thc 'so,li
W aa vastly Increased over tnat or 1900 IA
1911 ana whfas the rate per ton nsr IN II,
rAu aecreIsed on this as well az cav Ind
iots uuiing the operation OF the commits.
s,ou, ,nat the percentage OF decrease WAS
go, less than IN the years before Tho
S0niu'ss.oh rates were aloptgi. The follow
ms iacts were also shown, That ths a,fr-
Mss per ton per mile on State fretrhf waro
~ iiuch IN excess OF The earnings per
VII per nile Oh Interstate freirb,, tn,t
.n' c"sl OF transportation OF State fr,,,sht
per ton per mile is rot In excess ~ IN
eost Oh transportation OF interstate frelrhf
PEI Ton per mile. That the dcfen ta,, com
Eli. nau depleted Its revenues by yoiun-
tarily reducing ;ts rates below ,ba -,
fxed by the commission. This was shoi 80, y,
osou' IN number OF instances, a,4houeh
=. .,le examinations made by the State an
.horitles We're not thorough The defendan,
company pleaded guilty IN twe~ty cases and
Patu penalties to the State for d. scr. m,nat-
ing by giving to some shippers lovlsr rates
ina. the rates txe1 by the commission ana
oehslng the same rates to Others. The loss
vi revenue on shipments examined by the
saia COMMISSION. in which rebates or rates
Iower IMAM tho commission rates, were
estimated at $4,000. The total loss from
uills source alone could not be an
proSimated. 1t is submitted in this as in
.he o'ner cases. that inasmuch as the de-
lehuant company has mot applied the rates
nxed by the commission, but n lower rate
i Maeu by themselves in many 5nstances that
inns court ought not hear that the COM.
mission rates are confiscatory
1t was also shown in the case tha. .ba
improvements made, including operating
eNpcrses, included all ordinary repalrs
usually chargeable to operating expenses.
TYLER AND SOUTHEASTERN.
l. AFFIDAVIT of r. A. Thompson showing
the construction Of the roadbed of the dc.
fehdant and that much thereof is construct
ed upon grades greater than fifty-two fee,
10 Nne mile, RUNNING as higb as l04 feet
anu mat In order TO economically and sue
cessfully operate the ROAD in this state
the grade should not be greater than
maximum OF f.fty-two feet, and that being
acquainted with the territory traversed BY
we Defendant railway company il is pI,ac-
ucable and feasible, and was at the time
Oh MS construction to reduce such grades
to and below such maximum. and that by
reason OF this defective construction the
operating expenses of said road on the
same tonnage of freight is increased so
per cent.
Affidavit of Charles Scrivener TO the
same effect except ne fixes the increase OF
operating expenses at 40 per cant
Admissions of the engineer of the de-
PENDANT company To the same effect except
as TO the per cent OF increase in operating
expenses. He fixes no per cent, but admits
a large increase.
2. Affidavit of p. NJ. Underhill and the
verified answer by l.. j. Storey showing
that the defendant company to and includ-
ing the year ending jane 80. 1928. was
dominated by the St. Louis ami Southwest
ern Railway company, and showing that for
the year ending June 30, 1898, it diverted
cotton from its line
the defendant company is only 3-S Of one
per cent OF the total tonnage Of the State.
Report OF the defendant company to the
railroad commission from the year OF its
organ cation to the year ending June 30.
1898, and showing hat during It's history
and organization it has never been able 10
earn, but for one year. more than operating
expenses, that being in the yesr ending
June 30 1894 at which time it earned
above operading expenses 13-l00 of one per
cent, as shown by verified table found on
pages l2 and 10 OF the answer. compiled
and sworn to by H. G.. Askew. sad table
showing for said years the condition OF
said road for eadh year.
Affdavits showing the divisions accepted
by said road on interstate rates as far less
than the rates allowed it by the commits
sion the reports showing that ulller the
rates allowed by the comm ssion being
found on pages IL and lS of tie answer,
that the average receipts psr ton per mile
Of the defendant company was sl-l0O,
and which was greater than the average re-
ceipts per ten per mile OF any otnef OF lhe
defendants in this litigation.
TEXAS AND PACIFIC
/. The reports of the defendan; company
made under oath to the railway comlnis-
sion of Texas for the years eldin2 June aV'
1891 TO June 30 1895 inclusive.
Q. Compilation from said report verified
NV the affidavit of II. c. Askew showing
that the net income of the road upon the
valuation by the commission including
permanent improvements for last year |as
I s7-1OO Yer G. MT ard that its t9tdi income
from operation was 81 O92,ss5' ihat lne
iargest net income within It's history was
reached IN the year ending June 80, 1885,
being 5l-lOU per cent upon the railroaa
valuation. Said table shows the total oger-
ating expenses giving the items In tna az
amount of permanent improvements me
number of tons carried, the average d's-