Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1915-04-01
FORTY-OME TEXAS RAILROADS BE.
ING SUED BY STATE FOR AL
LEGGED LAW VIOLATION.
ATTORNEY GENERALS DEPARTMENT
: SUBMITS MASS OF COMPARE
TIVE STATISTICS.

forty-one railway lines of Texas. practi-
cally all the RAILROADS. n the state. which
are maGc defendants i'm the suit. are VIC
latin. their franchise 10y unjust discrim-
~ination in the issuance Of free passes.
proceedings were instituted In the TWEEN
ty-siXth district court bv Attorney Gen
eral Il. T.. Looney and Assistant Attorn-
ev Generals &. VI. Curcton. Luthcl Nick
els and w. 4. Keeling against those
companies. asking that each railroad be
cnioincd from issuing Ia any person or
class of persons other than their OIL
GERS. agents. and employees. travelling up
on company business. any free pass or
or other evidence of right 10 travel free
or honoring any such free pass or
other evidence or directly or Indirectly
permitting any other person or class OF
persons from riding or travelling free Of
charge. or at rates different from the
rates .iarged all other persons under
the same or similar circumstances upon
any Of their railroads. trains or ears. In
the alternative, Judgment is asked that
all defendants lie restrained from issu-
ing or ~graning To any person belonging
to any class as may be- found Ia be un-
constitutional any free pass 10 ride or
travel free. or ii a reduced rate upon the
railroads. trains or ears Of any and all
of the defendants in the state.
II il set out in the petition that each
Of the defendants has wilifully and ION
%tinuously used its franchises. properties
powers and means To discriminate un
Justly as between those members of the
pubic desiring Ia use. and using. its rail
road and facilities for passenger trans
,.nrt nfinn rn1sf SuIsfnntianN similar
conditions in that il has granted To some
members If the travelling public the priv
ilcge Of travelling free of charge upon its
Passenger trains and at the same time il
has required all other members Of the
travelling public using lis railroad for the
same purpose 10 nav therefor at the or
dnary and regular tariff rates far trans
tation.
The petitioneds claim that such free
mileage fr each year has amounted To
an average of II per cent of the total pas
Senger mileage Of each Of the defendants.
and that the number of free passengers
has amounted ia about an average Of IL
FER ccnt If the total number Of passcn.
gers for each of the defendants for each
wear.
. ~ way Of summary. the attorney gen
cral shows the court that all IF the de-
PENDANTS have carried free and pay pas
sengcrs during the ten years from 1905
10 1911. inclusive. During that period il
i shown that the defendants have ear
rled over their roads an average Of Is.
al .oa passengers per year. who have
been required To pay therefor at the av-
cragc rate Of a.c per passenger per
mile of travel. aud during the same time
on the same trains. defendants have ear
ricd an average If 2..IS.1S9 passengers
free Of charge. or approximately every
eighth passenger has been carried free.
Explanatory Of the effect Of the issu-
ancc Of free Transportation. the attorney
general represents that the average rate
of the pay passengers was 2a9c per mile.
and if those using the roads free had
been charged al the same rate the others
were charged a uniform rate Of 2.G,n per
mile would have produced To the railroads
the same total revenue which they did
collect from the pay passengers.
"And taking into consideration the OPP
Grating expense of issuing the free pas.
ses n keeping the records thereof and
OF paving for injuries. etc. Ia the free
passengers. the railroads could have char
ged a uniform rate Of much less than 70
per passenger mile, and have derived az
much revenue aS they did receive. if all
passengers had hen charged"
IL IL said that the total capital
stock Of the railroads Of Texas amounts
10 the par value Of Sl2N.Ji0.7 IDS and that
."lf the free mileage haed been charged
for AT the rates charged pay passengers.
the free mileage during such tcn-vcar pr.
Rod would have paid a total dividend
Of I'll per cent. Ii il further alleged
that the total value Of the free mileage
would have paid the interest Of all of
the roads for 1912 one and cighty-two
hundrcths times. and that the value of
free mileage equals the sum Of S2.13>
per mile Of main line road owned bv all
the railroads in Texas. or an average OF
S213.>0 per mile ped wear. :
The total taxes paid by all Of the rail
roads of Texas for 1913 amounted to 50
the value of the free mileage for
the same year WAS S3.Js2J2S. The
freight rate OH cotton To Galveston is
mileage JJc per 100 pounds or S2.1J per
bale Of 900 pounds; the value of free mil
cage for the ten-sear period would pay
the freight on 1l.e55.11I bales per year.
The value of the free mileage for ten
years would pay the fare at 2a9c per
mile Of $4,000 passengers around the
world. IL amount Ia y little more than
l. ZIG per cent Of the total valuation Of
all the railroads. or an amount of money
equal 10 the value Of the free mileage for
the ten year period would build I.6I5
mills Of new railroad al the average van
alton Of SlS.S23 per mile. or a new line
of railroad from Texarkana To FL Paso
and thence from III Paso tn Galveston,
or a new road from Texline through Fort
Worth and Houston 10 Brownsville and