The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-03-11
HE ROUND BALE RATE CASE

or ordinary form compressed 10 n density
| ot twenty two and ono half mounds 10 Tho
n1 ioot Is ana was. as 10 plaintiffs,
] unjust and unreasonable
II y further adiudged Ivy tho court that
uohe ot INC reasons assigned by defendant
IN rs refusal " december e. 1910. To
| establish different and lower freight rate
| on cotton IN round bales and Of the dinep.
! sionS and density aforesaid than ON cotton
n nalss Of the ordinary form. compressed
| To density Of twentv-two and one half
| pounds TO the cubic foot. could properlv be
! taken into consideration nv defendant in
! determining tho question NJ q proper clasSi.
I neaIi@n Of ana proper freight rate on such
1T is further considered aud ordered by
! me oonl' that the plaintiffs. noraucc.
cairns & CO. Ilaslcr & Boyd. u. NJ How.
] i'm company Clcmma Gin company. Hius
! ooro Gin company aud Wharton Gin aud
Mullng company. do have and recover of
! ana from the railroad commission Of Texas
| all the costs ~ this suit,
From this Judgment. the railroad com
mission appealed to tho court NJ civil up
| pcalS Tor the Third district. which aprca
| was dismissed because the judgment en-
/ Tered by tho district court was not n funl
| Judgment from which an appeal would
The law which created tho railroad COM
/ mission OF Texas is based upon article 10
section = Of the constitution OF Texas.
| Whlcn roads as follows; Railroads hereto
| fore constructed or which may hereafter
| ne constructed In this state are hereby de-
| cared pnhlic highways aud railroad com
! phnleS common carriers. The legislature
! shah pass laws to regulate rallroad freight
I ana passenger tariffs to correct abuses
| Nhd prevent unjust discrimination and OK
ttortl9n Of freight and passenger tariffs on
| the different railroads In this state. and
! enforce the same by adequate penalties
| and to tho further accomplishment NJ
InCSe objects aud purposes may provide
! "ud CStahlish all requisite means aud agen.
! CleN invested with such powers as may he
ucemeu adequate and advisable. The law
was passed and lis enforcement was IN
! trusted to the railroad comm ssion, with
| powers expressed ny the following articles
Of the Revised Statutes Article 1850
lhe power aud authority Is hereby vested
IN me railroad commission OF Texas. and
II is hereby made its duty IN adont an
necessary rates. charges aud regulations
10 govern aud regulate railroad freight and
passenger tarinS, the power 10 correct
abuses and prevent unjust discrimination
aud cNtortion In rates If freight and ms.
Sehlcr tarihs on the different railronds
ny having the ppualtics inflicted MS hv this
chanter prescribed through proper courts
having Jurisdiction"
-. The said commission shall have now
or. and II shall he its duty. To fairly and
Justly classify and subdiyde all freight
ana property Of whatsoever character that
this state into such general and special
classes or subdivisions as may no found
necessary and cNncdient
p Tho commission shall have power.
ard II shall no It's duty. TO fix to cach
class or subdivision ~ freight reason.
apr" rate for each railroad subject tn this
chapter for the transportation of each Of
said classes ana subdivisions
To support the rates. charges orders
rules. regulations and ClasSiiCatinns which
," railroad commission should mako unde'
the authority conferred the law provided
rs follows Article 1854 In all actions
between private parties and railway com.
parins hrourat under thi, law. tho rates
charges. orders. rules. regulations and
f1HSS1 nT9 ions pTpSfTihp1 said in (
sion before tho institution nf such action
shall no held conclusive and deemed and
accepted To he reasonable. fair and Just,
and in such respects. shall not he contro-
lcu'd therein until dnally found other wise
! ~ dirc0 action brought for that mn
rose I'm the manner prescribed Inv articles
{ 43t1 ana 1866 or this chapter"
This article denied to railroad companies
. ANA other persons interested the right 20
, question the validity and Justice NJ the
raies, ot"., thnt tho commission Shou'd
, make in any suits between individuals and
. no railroads. because such course would
, have involved every action in the cunpli
. cations of making rates and would rractl-
caliv have denied redress. In ovdcr 70
secure a proper revision and correction nv
Judicial proceeding Of any wrong that
, might hp done to shippers or railroads the
l"sis stature enacted articles $3.50 and 45G6,
as follows:
Article 1885. n any railroad company
or other n1r% nj Interest no dissatisfied
with thr Gccsion of any rate, classldcH
/, ,ton. rule, charge. order act or regulation
I adopted hv tho commission. Such disSHtis,
J fed company or party may file n petition
Do NJ objection ia such decision. aot. rate.
RUIZ. charge. classification or order. or 20
! oVhnr or all If thcm. In court If rom
I Nct"nt jurisdiction i'm Travis county. TevAs.
against said commission us defendant.
! Said action shall have precedence over NIL
h other cnrscs ON tho docket ~ q different
s. nature md shall he tried and determined
n other civil causes In said court either
purity tn said action may appeal Ia tho m
. pollnio court having jurisdiction ~ said
Z cause and said appeal shall hc NJ once re-
"A trrnahle IN said appellate court, AT either
. " its terms and said action 50 appna Tod
shall have precedence I'm said appellate
I therein poudmg; provided that II the "ourI
o. hc IN session at tho time such right NJ
. action accrued, the suit may he hlod dur
. ing such term aud stand ready for trial
n ART. 1860. In al trials under the fore
going article tho burden ~ proof shall r"Si
Tpou tho plaintin, who must Shaw hv clear
and satisfactory evidence that the rates,
n | regulations. orders. classified ions. acts ol
\ charges comnlained q are unreasonable and
/ unjust 10 II or them
: These articles provide an expeditions
| method for determining HE reaSonahlones
!, and Justice of any rlie. order ruic or regh
>. l3fiun which the coWmis sion might mnkH
. and NJ the same time permit tn" enforce
1 nent NJ the rates. pic, unt'l tho iudGm"n
a NJ . court declaring them - he unjust and
4 unreasonable has he'n rendered
i This action was brought under articles
u i565 aud 45G6. above quo cd. and the court
vas therefore confined 10 the provisions NJ
= those articles in entering is Judgment snt
q, granting relief. Tho only issue which was
81 presented la this suit Was. arc the rates
-. rules and orders put in quest on by th'
" PleadinG6 rs applied 70 the character nj
~ shipments alleged in tho plradnEs, uujn>
E, md unrensonahlo3 Tho jurisdiction N thu
d court IS limited 70 tho determination o.
= that issue.
= There can he no difference n opinion al
to the local proposition that a ludsm'n
which terminates the action in which u Il
rendered and completely dsposes ~ tn
case rs 70 all the parties, so far as th'
: | court has power 70 do So. H. q final iudg
ment Il Freeman on judgments. See. ~
n I Plack on judgments. Soc. ~; g.. G.. an'
4 S. F. Rv. Co. vs. +. w and y q. nv. 60.
us Texas. los; Belt vs.. DAVIS. ! Cal,, l3'
Merle vsd Andrews Texas, 200; MclFar
land VS.. Han. II Texas. 6ao,l
The subject matter Of litigation In thi
cLse was fully disposed of hy the judg
ID Ment OF the court when II was found ma
~ the rates and rulings complained of We Z
e. as to the plaintiffs IN that case. unjust an
ny unreasonable Whatever may he the leea
eject Of the Judgment. the court was mo
a required to enforce II In this suit. II IN
no