The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-03-25
Governor Joseph D. saycrs, psceutivc or

Governor Joseph ID, Shyers' Executive ot-
Railroad Commission OF Texas Austin.
Texas. March 1t--Dear Sir; | concur In
tho greater part of tho opinion VI Com
missioner storey, herewith enclosed to you
In relation TO senate bill No. lO4 hut do
not concur with 80 much az that opinion
as makes IL dcbatahlc question as to
whether the Missouri Kansas and Texas
Railway of Texas and the sherman,
Shreveport and Southern, formerly the
East Limo and Red River railroads are
competing lines.
II Is infcrable from the decision OF the
supreme court OF Texas, in the case or
the East Line and Red River Railway
company against the State OF Texas, 70
Texas, 43i that the court supposed them
to he competing lines OF road The su-
prcmo court. after quoting article x. sec
ton g. OF the constitution says that
"The court below found. on evidence
that justified Il, that respondent and the
corporation 60 whom II sold were COM
petlng lines"
This Is simply a statement In substance
of the conclusion of the trial court on
that question: Tho opinion Includes no
statement OF facts on which the conclusion
was based, nor any reason why they were
connecting lines, This fact makes AN in
quiry into the facts on that point rea-
Ronablo and necessary, If we aim 70 reach
the truth as It should bear on the ques-
tlon Affecting the bill under consideration.
There were other ample grounds TO 1us-
tity the decision OF the court az made on
the question then before II. and no ques-
tion of dispute can grow out OF an ex-
animation OF The fact as to whether these
were competing railways,
Tho Missouri, Kansas and ToNa Rail-
way OF Texas extends from Dspison on
the north boundary OF Texas. south TO
Houston Teas. The sherman. Shreve-
IN
Jefferson, Texas, westward 10 Mckinney.
Texas, but lacks something over thirty
miles OF reaching the Missouri Kansas
and Texas railway at Denton, Texas. An
inspection Of tho railroad map of Texas
which you have Will show you that thrsc
Two railways run at right angles With ench
other and lack thirty miles Of connecting.
There is also branch OF the Missouri,
Kansas and Texas Railway of Texas ex-
tending from Denisun In southeastern,
direction To Mineola and crossing the
Sherman, Shreveport and Southern rail-
way at Greenyllle. An. inspection OF the
railroad map of Texas shows that these
two lines Of railway accommodate the
commerce and afford transportation for
distinctly different parts OF the people OF
the State, and that they do not begin or
end at the same points or run In the same
| direction, and that they are IN no sense
competing lines. And there Is no pretense
| that there can be any other ground for
stating that these two railways are com
| peung.
! assume that both the governor and
the commission, when called upon TO pass
upon the constitutional questions affect
ing the rights OF others, must meet that
responsibility for themselves, and not
place It on the shoulders OF others. II
there could be doubt as to whether these
lines Of railway were competiss, that
doubt would with me be determined ID
favor OF even the loose and unreasoned
abatement made In The opinion of the court
above referred 10. But with the patent
facts before us IT Is not possible TO assume
that these lines Of railway are competing