The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1908-01-03
STATUS OF LITIGATION
Indications thai Tralkdqe ARRANGEMENTS
Will Not Be Disturbed.

Fort Worth, Texas, Jan. 9.-WHl
| the attorney general obey instruc-
| tions from the railroad commission
and file suits against the Missouri,
| Kansas and Texas and the Trinity
| and Brazos Valley railways, seeking
penalties from the Valley route for
| not stopping its freight and passen-
ger trains between Cleburne and
| Fort Worth and Waxahachsn and
| Dallas, and from the Katy for pro-
| hiblting the stops? That is a oues-
tion arousing more or less specula-
ton and holding keen interest in
Texas railway circles at present.
Indications are that the attorney
general won't. The fact that the
commission requested the filing Of
| suits several weeks ago and the de-
partment has not responded is an
evidence that the attorney general
is shaky on the prospects of a court
fci dltt dStoidthS to tHS WiSuee IA
| the commissioners, especially 0. B.
| Colquitt.
| That hesitancy is being practiced
| seems to show that the attorney
| general has grave doubts that the
| commission has any authority in the
matters at issue, The Trinity and
Brazos Valley uses the Santa Fe
tracks between Fort Worth and
Cleburne and the Katy tracks be-
Trackage agreements prohibit the
Valley route from stopping its trains
at intermediate stations and accept
ing business. and when complaints
were made to the railroad commits
sion few weeks ago that body is
sued orders requiring stops. All three
roads revolted, whereupon the COM
| mission called on the attorney gem
| erals department to file suits and
| recover penalties, and compel the
obeyance of the order. But not a
step in the courts has yet been TAX
en-.
! Attorneys for the Trinity and
| Brazos Valley have taken the SUBJ
| ject up with the attorney generals
| department and are now trying to
convince the states legal lights of
| the futility, as they see it, of taking
! the matter TO the courts. The rail-
road lawyers contend vigorously
| that the commission has no author
| ity or jurisdiction over the points at
| issue.
w. f, Green, vice president and
general manager of the Trinity and
! Brazos Valley, admits that attorneys
| for his road are now negotiating
! with the attorney generals depart
ment Mr.. Green declared that he did
not believe that the commission has
any authority in the matters involv-
ed. Their contention is that when
| the roads owning the tracks between
| the stations involved perform their
duty to the public In the way of
reasonable service, that any outside
| railway happening to run over the
owners tracks cannot be compelled
| to compete with the owner in VIOLA
! tion of a prohibitive contract ex-
| isiting; that the commission cannot
| force the abolition of trackage
| agreements that one railroad has the
right to make any sort of traffic ar
rangement with another line; that
| the Trinity and Brazos Valley can
not be forced to build its own line be
| tween Fort Worth and Cleburne and
Waxahachie and Dallas, and that
while using another line no duty or
service is owed the public at inter-
| mediate stations. because this is
performed by the owning line, over
which, of course, the commission
has authority.
| Points in the case are unusual
and Of peculiar interest to the rail-
road fraternity. Texas courts have
never passed on similar cases. and II
the courts are finally asked to adj
| judicate the matters much anxiety
I xx,tI 49,. : 4. = 49,