The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-24
TICKET BROKER CASES.
INJUNCTION GRANTED
AT GALVESTON DISSOLVED,
A New Phase Put Upon the Case by
Answer and Classification OF the
Ticket Brokers.

The hearing ~ the writ of injunction in
The case Of the Houston and Texas Central
Railroad company ct al against Max era
mer ct al. which was granted by Judge
r. w. Franklin Of Galveston over a week
ago. was heard by Judge Ashe yesterday
morning aud dissolved. Mr.. Frank c.
Jones. attorney for the railroad companies.
was nut upon tho stand and under oath
ii was learned from him that the applica
ton for the writ had been made to i've
Judges Judge Wilson of the Fifty-dtth
district. Judge Tiamhlen. special judge Of
the Fifty-hfth district Judge Ashe Of the
Eleventh district all Of this city; Judge
Martin of Beaumont and finally Judge
Franklin of Galveston before tenr~~Tesy
writ was granted. Judge Ashe dissolved
the temporary Injunction, which puts the
case asking for permanent injunction
before tine next regular term OF the EloN
euth district court The case was heard
on its merits only SO far as The necessity
Of temporary writ Of injunction was con
cerued.
new phase was put upon the case in
the answer OF Brashenr & Daniicinhaum,
attorneys for the ticket brokers, which was
filed Yesterday. In this answer the de-
PENDANTS became cross petitioners and aver
ring that the panuG railroad companies
are members Of a pool, trust and comhinn-
tiOn, known as the Southwestern Passenger
bureau, aud are conducting their respcc-
tive businesses In violation Of law. espe-
clally OF the constitution and statutes OF
Texas and Of the statutes Of the United
States. The following Is that portion OF
the answer, which makes the defendant
ticket brokers cross petitioners and asks
an injunction against the plaintiff railroad
companies:
Further answering these defendants say
that the plaintiff companies and each OF
them are and for at least three years last
have q
certain pool trust confederation, com
| bnation and conspiracy TO and with each
other and to and with certain other cor
! poratons or associations which pool, trust,
confederation aud combination is known as
| the Southwestern Passenger bureau and Is,
and ever since It's organization, has been
maintained and conducted for the unlawful
| purpose Of regulating and fixing the price
! of transportation of passengers In the State
of Texas aud elsewhere on certain lines
| of railway, including all Of the plaintiff
corporations lines Of railway, and for the
purpose Of maintaining said price when so
regulated or hxcd and at and during all
such times, they and each Of them com
bned and affiliated their skill and ini1u
once aud acts land they continue TO do
sol In such manner that the purposes and
| objects hereinbefore lin this stctlonl stat
ed were and are sought 10 be ACCOMPLISHED
and were and are actually accomplished.
and whereby said purposes were and are
| promoted and attempted TO be executed
and carried out. and whereby said several
I
| 30 be produced, and each OF said plaintiff
corporations is therefore guilty Of being a
member OF and party TO pool, trust
agreement, combination, confederation and
| understanding and OF conspiracy TO de-
| fraud such as Is forbidded and made un.
| lawful by the constitution and statutes Of
| Texas, and therefore have during said
| times and nre now conducting their respec-
! tive businesses in violation OF law, especial.
| ~ the constitution and statutes of Texas
and the statutes Of the United States and
I nd ma lee aIr..
| that outside Of and Independently Of SAL
| bureau said plaintiffs have also consplred,
| confederated and combined among them
! selves and with others and maintained
| their unlawful organization for the same
| purpose and with the same reSuts and Yio
lauye Of the same laws as above alleged
Plaintiffs are Informed and verify believe
and so charge that each and every Of the
| tickets and So-called contracts alleged by
! plaintiffs and concerning which they nsk
Tor an Injunction was Issued under, in sub
ordination to, and as product elimination
and execution OF the unlawful pool. trust
| agreement, combination. confederation, I'M
Outstanding and conspiracy aforesaid, and
such tickets are the representatives. and
are parts Of such unlawful acts and prac
tice for the protection OF which the equity
powers Of this court are invoked
Wherefore. defendants say that plaintiffs
do not enter this court with clean hands
and are not entitled to m exercise Of the
extra ordinary powers which they Invoke
to protect their unlawful and iniqultouS
contracts and practices; and they pray the
court TO refuse 10 grant the Injunction
prayed for and finally TO order. adjudge
and decree that plaintiffs take nothing by
| this action, aud that defendants 60 hence
discharged with their costs
And now becoming actors herein these
defendants relterate the allegations Of their
foregoing answer and say that for many
months past the pialntlr corporations. not
wlthstandlng the defendants business il
a legal one and recognized and licensed By
law. and with the intent TO harass, veN
nj int Al, h0W
ciously sought 10 lniure and destroy the
business OF these defendants and 20 canse
them expense ana trouble. and have al
ready compelled them TO expend large sums
conducting their defense IN both the civil
and criminal courts ~ this county against
the unwarranted prosecutions az plaintlns
viSed aud believe 70 recover BIZ law said
amounts 80 expended or any damages Tor
the injuries 90 caused. That they are ad.