The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-02
RAILROAD CONTROVERSY.
Central Enjoined The international
from Crossing Its Tracks.
UNIQUE ALLEGATIONS IN THE PETITION
Construction Of the Fort Worth Branch
OF the international South Of Bryan
May Be Delayed.

Bryan. Texas. September l. Track lay.
Ing on the international and Great North
ern south of the A. aud NJ. college win he
delayed for some little time owing t. N
junction proceedings sued out by the Hons
ton ANA Texas Central against the luter
national and Great Northern restraining
81 from crossing the Central at c lltgc
and at Nayasota Concerning the TIL be-.
tween the two roads over the matter, the
Following non partisan article appeared In
the Bryan Eagle this mornings
"As briefly stated in the Eagle Thu sday.
tho Houston and Texts Central Railroad
company have through the district court NJ
Houston cnioingd the International and
Great Northern Railroad company from ~.
stituting condemnation proce dingS to ~ IS
the track of the Central az two polnts-anr
south of College aud one at Navas1tu.
'lt Is the opinion of the luterna-toua! ana
Great Northern attorneys that the inlulc
tion Will not staad, hut viii be dissolved
;pun hearing. unless withdrawn sooner,
Yet the delay thus cGuScd will prove sraAt
hinlrance 10 the International an Great
Northern company, who eXpec TO reacl
Navrsota with their line In October
The constitution proNides that a al
road company shall have the right with lis
road TO lntersrct, connect with or cioss
any ether railroad and II the two corpora
tons can net agree upon the amount OF con-
pensation for any such crossings and the
mnuner Of same, their differences shall be
in preceding to condemn riShto.-wly
across the track # another company the ie.
dress Is the same az % an ordinary ,d'li-
Owner whose property Is taken. 1t Is bN
assessment OF the damages Incurred aud
gopd attorneys claim that no injunction WEI
stand,
THE grant Of franchise to the HouSt IN
and Texas Central Railroad company is cr
no higher order ana coufcrs no more title
than grant OF land to an Individual, aud
when the public necessities require Il,
tire well tlg hp taken
for public progress on making suitable con
pensation, and the fact that the lana owner
would be denied writ Of Injunction makes
IL equally surprising that railroad con
pany could in this ease invoke the equitable
powers of the court; especially when We
are fully Gpprised that II the Houston aud
Texas Central Railroad company Suffers
any damage 1t has an adequate remedy at
we understand there are some novel
allegations In the petition on which he
writ OF injunction was granted. one Of
witch was that George Could was buialaS
this Fort Worth division not for the purp ~
( III realizing OH the Investment but simply
to hnlass the Houston and Texas Ctntr'u
/ Railroad company, and further that the In
tcpG iona and Greai Northern after levy
I ihg Bryan should keep on tle cast SID O.
the Houston and TcXas Central, Whether
the first allegation hc true or not-and IL
seems highly inlprobable-still. In construct
Ing this road IL is reasonable t. suppose th'
( International and Great Northern would
In making It's lineal survey choose the
most feasible route, and we know III the
construction Of the road ont Of Bryan south
thc line Is free from curve aud nearly -Ho'
feet shorter than the Central from here to
! College station, and from College station
to McliNoru is absolutely straight anu over
q mile shorter. 70 accomplish this il was
necessary to cross the Central, and the
point selected, the Internari onal aad Great
Northern people say, is almost level. end
one at which Houston aud Texas Central
trains have stopped for a number OF years
10 u1ke the Sidngs at the college for the
meeting OF trains.
'''The International and Great Northern
people claim that they have shown Will.
ingness, to cooperate with the Houston an /
/ Texas Central
line Hearne Democrat charged the Inter
! national and Great Northern with refnsns
to Join IN building depot at eHarne, RMS
I company claim that Suca is not the ease.
bur that the International nad Great NORTH
/ eru suggested the budding OF the depot az
ter the plans Of the Marlin depot an Sug
/ geSted the hull llag Of union dcpotS at tOl-
! lcge and at Navasnta aud the Houston and
/ Texas Central absolutely refused to CO.
/ oDcrate with the International and Great
/ Northern when u has always been Gust m
/ airy for railroads to have depos under sueh
/ circumstances.
The public IN general the variou, hust
| ness interests of the country both commel-
| cial and agrl cultural. are Interested IN hay.
/ ting these public highways hullt, The IIous.
! ton and TrNIs Central has had occasion
! as often as Cny line in the State u call
for the sacrifice Of individual, private and
! corporate int Nrests, that the public intel
ests night be promoted, The interest Of
the public is certainly promoted ny this
great line which the GouIS are building
from the northwest pralres to tidcwater.
I and the Houston and Texas Central CONF
pany seem to be in the attitude of obstric
tonss 1t Is 10 he hoped that they viii
withdraw from that position. since II
seems according t. good legal AUTHORITY,
that they are only temporarily ticing N
! operations IN the International and Great
| Northern and can not permanently pre,ent
! the crossings being made at the points
! named"