The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-23

VI al NlNlb ~ OF Tue CONSTITUTION.
We sec no objection to this bill becom-
ing law, Very respectfully.
(Signed) John H. Reagan. Chairman,
l.. j. Storey, Commissioners.
Governor Joseph ID. sayers, Executive or
fee
Railroad Commission of Texas, Austin,
Texas May 12,-Dear Sir: Replying 10
your note of the 18th instant, submitting
senate bill No. 3Si for the consideration
OF the railroad commission, we have 10
say:
J. This bill authorizes the st. Louis
southwestern Railway company Of Texas
70 purchase, own and operate the Tyle.
Southeastern railway
:. The preamble correctly states the
amount Of stock and bonds of the Tyler
southeastern Railway company and sec
ton OF the bill provides that the St
Louis Southwestern Railway company
shall assume the payment of the bonds
and take up and acquire the stock OF said
Tyler Southeastern Railway company and
ray the unsecured debts thereof, and the
creditors of the road are fully protected.
3 Section of the bill provides that the
81, Louis Southwestern Railway company
shall have the right bv amending it's
charter, to extend its road etc. This II
could do under the general law without
THIS provision. This section further pro-
vides that In case of extension Of the read
so purchased the ST. Louis Southwestern
Halfway company may, subject to the APP
prevail OF the railroad commission OF
Texas, exchange It's bonds for the out.
standing bonds of the Tyler Southeastern
Railway company, and the bonds so taken
up shall be Cancelled. FTom which Il ls
seen that al! debts Of the Tyler South
eastern Railway company will oe can
celed except the bonds. which may be ex-
changed for bonds of the ST. Louis South
western Railway company, subject to the
approval OF the railroad commission.
4. AS to whether these roads are par
sllel or competing or not. we submit that
the St. Louis Southwestern Railway runs
southwest from ToXarkana, In Bowie coun-
ty to GGtesYlle. In Coryell county cross
ing tho Sherman, Shreveport and South
err railway at Pittsburg in Camp coun-
~, the Texas and Pacific railway at Big
Sandy. in Upshur county; the Interna-
tional and Great Northern railroad at Ty-
Ter in Smith county; the Houston ard
Texas Central at Corscana. in Navarro
county; the Missouri. Kansas and Texas
railway of Texas and the San Antonio and
Arkansas Pass railway at Waco, anil the
Gulf, Colorado and Santa l'e railway at
NcGregor. in McLennan county. While
the Tyler Southeastern railway runs from
Tyler in q southeastern direction through
tho counties Of Smith, Cherokee and An
gelina to Lufbin a distance of eighty
eight miles, and at right angles with the
st. Louis Southwestern railway. II crosses
the international and Great Northern rail
way at Jacksonville and connects with the
Houston East and West Texas railway ut
its terminus at Lufkin
5. Neither of these roads reach Hous-
ton. but all Of the roads with which they
Connect south OF the Texas and Pacific
railway. converge toward and center at
houston. So that shipment from Tyler
could by passing over two or more Ines
reach Houston by going southwest. over
tie ST. Louis Southwestern railway and
via It's connections at either Corsicana,
Waco or McGregor, or by going southeast
ever the Tyler Southeastern railway and
It's connections at Jacksonville or Lufkln
TO Houston.
G. These two roads can not he held to
be parallel lines nor can they be held
within or by themselves, TO be competing
lines at any point for aty purpose or for
any kind OF traffic except at Tyler. Texas.
Nor can they be held 10 be competitors
az that point for the delivery OF any
freight tauled from that point 10 amy
other point on either Of the two roads.
T. They compete If at all. for the trans
rcrtation Of frcisht originating at Tyler
TO be delivered at points or some other
road, notably In this case at Houston,
point 1iS miles from Lufltin the nearest
point to the Tyler Southeastern railway.
aud 1S6 miles ironl Waco. the nearest
point 10 Houston from the st. Llnis South
western railway, aud this competition BY
either route Is over two or more lines not
under the same management and control.
And In our Judgment, II the consolidation
OF those two roads Is prohibited by sec
ton ., article 10. OF the constitution. then
Il would seem 10 ne that there can be no
snch things as Cancellation 81 two
roads In Texas where they cross each
other and connect with any other ro~d
ever which freight could, " clreuitous
and expensive route. ultimately reach the
snine destination, III or out o. The State.
such construction would prevent the
consolidation OF the Texas md Pacific and
Gulf. Colorado and santa re, notwith-
gtnnding they Cross each other az right
ANGLES al Fort Worth and compete for
through freight at that point 10 be deliv-
cred al New Orleans, New York and Liv-
ernool. over connections to DO made hum
dreds Of miles away. and however dasirs-
bic II may be for those long lines TO pre-
serve their separate identity, we have not
thought them 10 be, in the sense OF sec
ton & article 10 Of the constitution,
parallel or competing lines and therefore
can urge no objection TO this bill becom-
ing a law Respectfully
John H. Reagan, Chairman.
L. j. storey,
Commissioners.
Governor Joseph D. Savers. Executive or
Attornev csneraI,s Office. Dear Sir. n