The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-09

~ eHS tAas tpuVduy tQI the DEQEI
OF the Kansas company. am authorize
TO state that whatever irregularities hav
| peen accustomed In consequence OF thl
matter, the Texas company stands read
70 have remedied and TO bill against III
Kansas company for Its sproportionate par
OF sucn concentrating charges. Inasmuc
as this Is the substantial complaint In In
petition for forfeiture. and inasmuch a
1t can be easily corrected, would suy
gest that the auditor OF the commission
with the investigation made by its audi
TOR. confer with our representative a
Dallas. and am satisfied that all OF thes
irregularities above referred to can b
speedily corrected. When this Ia done
then in order for the company TO max
the extensions contemplated in the act o
the last legislature. would be very gla,
II an agreement could be entered into be
tween us that II the forfeiture suit CA
not now be dismissed. that 1t stands CON
tinued, and that il we make the ,exten
sions as specified in the act OF the las
legislature within the time therein stin
uiated, that then and thereupon this sui
snail be dismissed. am anxious 10 i'm
press upon you the Importance to ON
company OF prompt decision with refer
enee to this matter, as we are waiting /,
tensions shall be made.
Hoping to receive a prompt and favor
able reply, am, yours very truly,
7. S, Miller.
General Attorney.
~
FOLLOWING is copy of all the CORE
spondence relating to the withdrawal o.
the states suit against the Missouri, Kan.
sas and Texas Railway of Texas. now
pending In the district court Of Dalla,
county:
Hon. Joseph d. sayers. Governor Austin
Texas.
Austin, Texas. July 4.-pear Sir, Sine,
you received my letter OF the 2sth ultimo
win which | handed you copies OF letter
ana telegram from T. S. Miller. ESQ gen
eral attorney for the Missouri. Kansas
and Texas Railway company of Texas
regarding the suit 10 the name of the
state Of Texas against the Missouri. Kan
sas and Texas Railway company of Texas
l nave received your request for me 10
submit to you condensed statement OF
the allegations in the original petition
or the State and the defendants original
answer, which are all of the pleadings
which have been filed in said cause.
VIII state, first, the allegations made
by the State. and then will state some OF
the allegations made by the defendant.
/.
The large portion of the plaintiffs Pc
tition is devoted to describing and setting
up in full and In detail the various lines
OF railway that are owned and operated
in the State of Texas by the defenda NJ
railway company. In general way,
Will call your attention to these roads,
and for more particular description of
them, IL you deem 1t necessary, hand you
herewith the original petition. Most of
these lines Of railroad you will also find
described In the special laws OF the State
of Texas. passed by the Twenty second
legislature of 1891, and on page 123 there
of.
The line from Red river to Denlson,
thence through the counties of Grayson,
Cooke, Montague and Clay to the city of
Henrietta.
The line from Denison through Grayson.
Fannin, Hunt, Rains and Wood counties
to Mineola.
The line from Denison to the city Of
Sherman.
The line from Greenville In Hunt county
to the city of Dallas.
The line from the city Of Dallas to the
city of Denton.
The line from the city Of Dallas to the
city of Hillsboro in Hill county
The line from the city of Fort Worth
In Tarrant county, through the counties
Of Tarrant, Johnson. Hill, McLennan,
Falls, Bell and Williamson to the City of
ldylDT, Win DTuuCu line from GCQO TO
Bolton in Bell county.
The line from Taylor, through the couu-
ties Of Williamson. Travis, Bastrop. Fay
cite. Colorado, Waller and Harris to the
city Of Houston, with branch from Smith
vile In Bastrop county TO San Marcos
in Hayes county, with trackage rights over
the Galveston, Houston and Henderson
from Houston to Galveston, and also with
trackage rights over the Texas and Pacific
from Denton to Fort Worth.
The petition charges that many of these
lines, as 1t specifically set out, are paral-
lei and competing lines; and 1t also set
out that an effort will be made by the de-
fendant railway company to secure legis-
lative authority TO purchase the Sherman,
Shreveport and Southern Railway COM
pany, alleging that they are also conipet-
ing lines.
1t is further charged that the operation
OF these lines, which are parable! and COM
peting, are in violation Of article 10, Sec
ton V, of the constitution Of this State.
In answer to all these allegations, the
defendant, in its answer, gives 4 COM
plete history of the legislation authoriz-
ing the incorporation Of It's roads, and
also the various changes through which
1t has passed, resulting from suits for re-
ceivershps and other suits, and pleads
fully and specifically acts from Misso ri,
from Kansas, from congress and from the
State OF Texas. 1t pleads specifically the
act of the legislature of the State OF Texas,
passed by the Twelfth legislature, at the
call session on August 2, 1870. which will
be found on page So Of the Special Laws
of said Twelfth legislature. 1t calls es-
pecial attention to section OF said act,
which is as follows:
Section 4. Be 1t further enacted that
the said company shall have the tight to
purchase, sell, lease, Join stocks, unite or
with any connecting railroad
company, by and with the approval and
consent OF majority, iu interest OF the
stockholders in each company, and to ac-
CURE and merge into itself all or any part
of the property rights and privileges and
franchises of such other company. upon
such terms and conditions as may be
agreed upon by their respective boards OF
directors"
1t AYERS further that the Missouri. Kan
sas and Texas Railwsy company acquired
the line from Red River to Denison. thence
10 Gainesville and Greenyiile. together
with the right OF Joint use, with the Texas
and Pacific of It's line from Whitesboro to
Fort Worth, and II acquired and completed
the line Of railroad from Denton TO pai.
las: and that the Missouri, Kansas and
Texas Railway company constructed ana
built In its own corporate name. ana under
the authority OF said special law OF 1870,
the lines OF railroad mentioned IN the
nleintiff's petition, from the city OF Fort
Worth 10 Taylor, in Williamson county;
ana also the line from Greenyllle, in Hunt