The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-03-26
|UDcE REAGAN'S VIEW.
HAIRS from the Supreme Court and Gov.
ernor Savers.
s.s.as. NONcoMptTlTIyE
.. Mold that They Are Would
- a. Lay n Hurtfui Precedent
Against states Interests.

| ..,.,r Texas. March Ex-senator
..,h author Of the vetoed bill authoriz-
,hs Missouri, Kansas and Texas to
500 the Sherman, Shreveport and
.u,,srn today gave out the following
~, is A copy of a letter he has re-
[',x.a on the subject from the chairman
|, the railroad commissions;
,,or + r. Cough Austin. Texas
zach 9s.-Dear Senator: The constitu-
This state forbids the consolida-
~ ~ parallel and competing lines OF
n,sv under the same ownership. man
.rement or control.
~ Tho case OF the State against the
~, line and Red River railway, the
nrsme court held that the Missouri,
ansas and Texas railway and the East
~ and Red River railway were COM
{a,Ins railroads, and this opinion was
Illowed by Governor Sayers in vetoing
6s bill authorizing the Missouri, Kansas
I'd Texas railway to purchase the Sher-
H, Shreveport and Southern railway,
"a in yetoing the bill authorizing the St.
{ouis southwestern railway to purchase
ID TYLER Southeastern railway. This was
onjv question considered by the gov
[nor in each case, and in what | shall
! shall have reference to this question
Rone EXPRESSING no opinion on any other
nature OF these bills.
what are parallel and competing lines
a railway In the meaning of the constitu-
Ian and laws of Texas? Plain common
knse would say it would be two railways
egipning at q place near each other and
hdinr al another place near each other,
inning substantially parallel with each
+her. and under the same ownership,
Management and control, by which they
&culd be enabled to prevent competition
Xetween the two roads in disregard of tho
5rhts Of the public. The purpose OF the
bnstitutioh and law in this respect was
] secure to the public the benefits OF
bmpetiion by prohibiting the consolida-
Ion Of two or more competing roads un-
er the same management and control.
4 In view Of these facts, let us-see wheth-
the Missouri Kansas and Texas road
BID the Sherman, Shreveport and South
In road are competing lines.
The Missouri Kansas and Texas road
kgins at Denison on the northern bound
fy OF the State, and runs to Houston, In
he southern part of the State. The Sher-
Ian, Shreveport ard Southern road begins
] Jefferson, near the eastern boundary OF
be State, and runs west to Mckinney,
kng at right angles with the main line
the Missouri, Kansas and Texas rail-
lay. and lacking over thirty miles OF
)aching the Missouri, Kansas and Texas
Denton, Texas, No imagination could
SO extravagant as to assume that these
ere competing lines Of railway.
A branch of the Missouri Kansas and
fxas railway begins at Sherman, near
be northern boundary OF the State, and
pns In southeast direction, through
reenvillo TO Mlncola. crossing the Sher-
lan Shreveport and Southern at Green
lie. These two roads do not begin In
same part Of the State or end in the
me part of the State. They are not
rallel roads, and they do not furnish
ansportation facilities to the same peo-
o and 1t can not in reason and justice
said that they are either parallel or
mpeting roads. This is substantially ad-
itted In the veto message OF the gov
fnor, who. to sustain the position, as
mes that by their connection with other
ilroads, under entirely different owner
up. management and control, they be-
me competing railways. And In this he
Moved the opinion of the supreme court