The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1905-03-11
THE ROAD WINS CASE
Higher Court Decides Gotten Bell Can Re-
move General offices from Tyler.

Unless the city of Tyler further
appeals its case, the ST. Louis and
Southwestern railway of Texas will
be free 10 move It's general offices
from Tyler TO Texarlsana if ii so
chooses. The case, which was recent
~ submitted 10 the court OF civil
appeals of the First district of Texas.
was passed upon az Galveston Thurs
day. the decision in that court be
ing In favor Of the railroad company.
The court of civil appeals holds
that all of the fact findings of the
jury and court below are sustained
by the evidence adduced The cross
assignments of error are not passed
upon. Following the case of the
City Of Marshall VS.. Texas and Pa
cific railway company, decided by the
supreme court of the United States,
the court holds that the contract In
controversy rs not such as Is speci-
fically enforceable by court of
equity.
The suit was brought In the dis
trict court of Smith county by the
city of Tyler ct al to restrain the APP
pellee, railway company, from filing
with the secretary of the state its
charter. by the terms OF which the
general offices OF the company were
TO be located at TeXarkana and from
moving It's machine shops from that
, place,
ln 1850. for a consideration Of
money aud lands from the city and
lee # -. 4 O.
Louis Railroad company agreed TO
permanently maintain Its offices and
shops at Tyler This road after
wards went into the hands of a re-
ceiYer and was succeeded bF the
ST. i.ouis, Arkansas and Texas rail-
way company in Texas. which was
/ chartered in 1856, and which eorpo-
ration was organized for the pur-
pose Of taking over the Texas and St.
Louis railway company The charter
of the second company provided that
fE general offices should be located
at Texarkaua Suit 10 enjoin such
location was instituted by the city
Of Tyler Pending this suit, the ST
Louis. Arkansas and Texas railway
company of Texas went into the
hands of receiver and at sale
/
Louis Southwestern Railway Com
pany Of Texas which corporation is
now In possession and is the appellee
| in the present case became the pur-
| chaser OF fits properties. This COM
pany was chartered in 1871
| After its purchase an officer of
the last named corporation represent
ed To some of The aldermen of the
| city af Tyler that the railroad was
| deslrous of being on friendly terms
| with the citizens OF Tyler and that II
| the suit against the immediate per
| decessor of the st. Louis Southwest
ern railway company of Texas was
| dismissed and If a conveyance of an
| additional twenty acres of land was
made 10 the road the general offices
| would be returned TO Tyler and the
| machine shops would oe kept there
| This agreement was Consummated in
| 1891 and the company abided by il
until 1902. when Il amended its
| charter by which amendment the
general offices were TO be establish
at Texarkana and the company an
lnounced the intention of moving the
machine shops to that place
/ The city of Tyler secured an in
junction to prevent the removal and
this injunction was subsequently dis
| solved and Tyler took the case TO
| Galveston on appeal. where the case
went against them. Ii Is thought
| probable. however. that IL will be
] carried higher before the fight is
abandoned.