San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1924-04-20
BOARD REFUSES.
TO TAKE STAND.
IN len. CASE
Texas Commission Thinks
Recommendation Would
Be Improper.
GOES TO l. c. c.
San Antonio to Be Repre-
scented at Hearing in
Washington April 30.

The Texas Railroad Commission has
positively declined to take any stand
on the application of the Gulf Coast
Lines to purchase the International
Great Northern Railroad Company.
This was definitely determined Satur-
day when the Texas Commission is
sued a statement giving its reasons for
refusing the motion filed by Claude
V. Birkhead of San Antonio and join
cd in BY the other protestants in the
case, asking the commission to make
Recommendation in forwarding the rec
ord of the hearing concluded last We'd
nesday, to the Interstate Commerce
Commission.
The commission, at the outset Of the
hearing, had announced that it would
make no recommendation in the mat
ter, merely forwarding the record OF
the hearing to the Interstate Com
mission. Request was made at the
time BY Judge Nelson Phillips. repre-
senting the Palestine interests, that
the commission reserve decision until
all the testimony was in.
Pleaded for Recommendation.
Wednesday, Mr.. Birkhead filed his
motion asking that a recommendation
be made and attorneys representing
the other protestants at once an
nounced that they were parties to the
motion. Commissioner Walter Splawn,
who presided at the hearing, said he
would take the matter under advise
ment and after q conference with the
other members of the commission,
would announce his decision. The
next day he gave out statement TO
the effect that the motion probably
would be refused, although he said
formal statement would be issued by
the entire commission later.
Mr.. Birkhead, in his motion for
Recommendation, declared that "the
action of the Interstate Commerce
Commission in referring this matter
to the Railroad Commission of Texas
for hearing and recommendation. has
brought to the front, in bold relief,
sharply and well-defined, certain mat
tiers Of great moment whose gravity
and whose Importance TO the public
interest could hardly be overesti-
mated"
The Interstate Commerce Commits
sion has accorded to the people of the
State of Texas" Mr.. Birkhead's mo-
tion said. the privilege of hearing
before q tribunal created and existing
under the laws established by the rep
resentatives of that people. 1t has
gone further and requested of this
commission, a duly constituted me-
dunn for the administration Of laws
enacted by the people of Texas, a rec
concentration, resulting in one as to
whether or not those laws shall be set
at naught."
Claims Recommendation Compulsory.
The motion further sets out tnat
"the proposed merger of the I.-G. n.
with the lines of the n. o. L. & VI. is
expressly prohibited, in no uncertain
terms, by the Constitution of the
State of Texas and the laws enacted
pursuant thereto, and this commits
sion has been so advised by the attor-
ney general of this state. acting in his
official capacity, through the repre-
sensations filed by him in this cause.
The language of the law is plain. 1t
could not be clearer il the names of
the parties herein involved had been
set out in full therein. 1t cannot be
evaded. 1t must be either obeyed or
violated"
Mr.. Birkhead in his motion further
declared that "the fact that the ulti-
mate decision OF this case does not
rest with this commission can in no
way Justly a refusal by this commits
sion to meet the issue; for unless we
say that the Interstate Commerce
Commission had no purpose in view in
requesting the recommendation of this
commission; unless we say that the
Interstate Commerce Commission
would ignore the recommendation
which 1t has expressly requested. then
the conclusion is inevitable that the
decision Of this body will be given, as
IT should be given, due and grave con-
sideration, and that it will have, as it
should have, great weight in the final
determination Of this cause"
Says Recommendation Improper.
The Texas commission, in its state
ment Saturday, calls attention to the
announcement made at the opening of
the hearing, that in view of "Section
8 Article 10 of the Constitution OF
Texas and in certain statutes referred
TO by the attorney general in his state
ment filed In the case. the commission
was OF the opinion that il would "per-
baps be improper to comply with the
privilege allowed by the Interstate
Commerce Commission for the Rail-
road Commission to make recommen-
dations."
Attorney General Keeling also an
nounced Saturday that his depart
ment will not have a representative
at Washington on April 30 when the
case is submitted TO the Interstate
Commerce Commission on oral argu-
ment. He said. however. that his de-
partment will file brief in the
case.
1t is known that Claude Birkhead.
representing the San Antonio and val.
ley interests will argue the case MS
viii Judge Nelson Phillips. represent
ing the Palestine interests. Briefs are
to be in Washington on April 30.