The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-09
D Be WITHDRAWN
Irter Suit Is to Be Postponed
! and Then Ended.
bHloss WHICH ARE IMPOSED
s.ble to the Management
Ie Corporation ana VIII
BE Fulillcd.


dispatches yesterday, the State
issourl, Kansas and Texas Rail-
any of Texas today reached an
under the terms OF which the
ing for the forfeiture OF the
the latter Is to be ultimately
The following 10 the text
kreement:
Lte of Texas VS.. the Missouri,
nd Texas Railway company Of
q 177bs. Suit pending In che
burt of Dallas county, Fourteenth
district of Texas.
creed by and between the State
plaintiff in the above entitled
the Missouri, Kansas and Tex
|ay company of Texas. defendant
ause. as follows:
ID suit shall stand continued on
pt of said district court and In the
said Missouri, Kansas and Tex
nv company Of Texas shall, within
specihed in the act of the last
re authorizing the extension of
TO San Antonio, complete said
and commence the operation
and In the event the sherman,
nrt and Southern Railway compa-
Provided in the said act of the leg
mentioned, shall be extended from
of Jefferson, in Marion county,
astern boundary line of Texas, and
went of the .rackage rights from
tern boundary line of Texas shall
3red into the city Shreveport, and
event said extension SO made TO
ern boundary line of Texas and
okage rights into the city OF
brit shall be in operation within the
ecifed in said act of the legis-
Itipulated, that then and thereupon
shall, at the cost of the defend
dismissed; provided. however,
soon hereafter as practicable, q
htative of the railroad commission
shall meet the proper represent
II the Missouri, Kansas and Texas
company OF Texas at the general
BIZ the said company in the CITY OF
land that in all cases when cotton
Ia located or concentrated at Deni-
from there shipped north over the
the Missouri, Kansas and Texas
company, and when the said
Kansas and Texas Railway COM
Texas has refunded the local
for such concentration into Dem
Ia has failed to bill against or col
I'M the said Missouri. Kansas ard
Railway compony, that same shall
Ia there be ascertained and deter
krs the said Missouri, Kansas and
Railway company Of Texas shall
inst and collect from the said Mis-
Kansas and Texas Railway COM
be total amounts Of said concen-
charges that should have been re-
by the said Missouri, Kansas and
Railway company instead OF the
ssouri, Kansas and Texas Railway
OF Texas. 1t being understood
| the event of the representative of
road commission and the represent
81 the Missouri, Kansas and Texas
company of Texas shall fail to
bpon said total amounts so to be
ID, that then as to such amounts
Which they disagree the same shall
United to the railroad commission
BIS and their determination shall
instrument is executed this the
\ Of July, 1899, in triplicate. each
copies is an original, and one copy
[led In the papers in the said above
putt as part of the record thereof,
be retained by the attorney gen.
tho representative OF the State of
Ind one to be retained by the Mis-
Kansas and Texas Railway company
s.
The State OF Texas,
8. Smith, Attorney General OF
Pssouri, Kansas and Texas Railway
amy of Texas,
3, Miller, its General Attorney.
|, s. Smith, Attorney General, Aus
Texas.
Missouri. Kansas and Texas Rail-
pmpany OF Texas, Legal Department,
Texas, June 22.--Dear Sir: AS
pow, the last legislature of the
passed an act authorizing the Mis-
Kansas and Texas Railway Com
pf Texas to extend its line into
ntonio, and the Sherman. Shreve-
nd Southern to extend It's line to
stern boundary line OF the State,
pm there acquire a running right or
80 right contract into the city Of
port, and requiring all OF this to
lsummated within two years and
ng further that when the con-
on IN the act provided for was COM
and II done within the time In
stipulated, that the Missouri. Kan
Iexas Railway company OF Texas
ithorized to purchase or lease the
m. Shreveport and Southern.
time since. Mr.. Crane, attorney
!: instituted suit in the district
u Dallas county, to forfeit the char
the Missouri. Kansas and Texas
y company OF Texas, which suit Is
'noing In this suit, outside of the
u'ionality OF the compromise leg
passed in 1891. authorizing the
,on OF the Missouri. Kansas and
,nsaliway company OF Texas and Its
,lon OF the properties now owned
'ne substantial complaint made is
= missouri. Kansas and Texas Rail-
'n,pany OF Texas, in concentrating
a. Denison for shiRlent over the
.. Kansas and Texas railway
h ,a',ed to bill against and collect
ae Kansas company any portion OF
a,ses by 1t refunded for concen-
so..oh at Denison. am advised
~. ~ OF the auditors of the railroad
ya. OF Texas, after thorough
nauoh OF the books and records of
,rp,y at Dallas, discovered no
!, FOR serious complaint. The
- ~ Kansas and Texas Railway COM
or e .. as ! am reliably advised, is
NJ VIII be in the near future. to
e me construction OF the extern
tnra 70 In the act passed by the
NJ; put am also sxiylsed that
\ smpracttcable to Nike any steps
,ova ssllon as long as the forfeiture
I've referred to is pending. Re-
Nil, ,he merits involved In that
hm DC impossible for the extern
tlsa made for the reason that with
'i ssnAuon pending the securities OF
'Nodu Commando 49,