The Fort Worth Record and Register (Fort Worth, Tex.), Vol. 11, No. 205, Ed. 1 Wednesday, May 8, 1907 Page: 3 of 14
This newspaper is part of the collection entitled: The Fort Worth Record and Register and was provided to The Portal to Texas History by the UNT Libraries.
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f
T
RAILROADS’ SUIT
The Connecting
Links In The
Chain of Health
FF
SOME SERIOUS CHARGES
1
Folder** Golden Gate
►
Extracts
Baking Powder
Sold on Merit
shdi2
paid, labor done or
whatever money
I
property and equipment
ENGINEER SLAIN
la and hl
BY TRAIN ROBBERS
SLAUGHTERS SIX
the refusal 01
e
C
1
UR
3
AC-
ER
and
e-
masked men near Welch Spur,
Va.,
hot through the arm.
attempt to blow
Without making
evidently
na
robbers jumped from
the
Wo
3
materials do not inhere to the
same were in force.
evident'.
I
Montana divinion was
motive for th*
r Weleh tha
and
17
it
HEIHIE INI)I( PMHNTS.
the earnings from passenger fares
h
Pirn 4 ured Im 6
Ailnnin
or
1
rteen
of which
not.
,u1d
In fact
howGvet
ents
bate*
commodit le*
FOOD
piteation trom time to time Of com-
Ktevktm
ti"e
Coffee
Spices
tion in congress, and for this
ha* customarily contributed
( an
car.
hto,
en-
es-
the
of attorney* and other representatives
for the purpose of influencing legsla-
f the loromotive was
grip full of giant
intended for use in
our
in-
urt
g ht
hio
and
ck,
ady
7;
aks
powder,
blowing
4 )n the tender
found a tele nen
his wife and nix children live
erwville.
ha
y s
Int
No.
LcK
ady
to
“Ol*
er
n-
First Shooting His Roommates, Wal-
ter Davis Went |O Lach IKooin
and Killex the Inmates.
at
r Hefining (
he ehargen o
indletment •
ater eonfirr
i f>»
the
granted on
ther than •
tlanta. May
Georgia Mas
indioled on a ' ht
ter. entered a ple
fine.
such
sary,
bondi
IMAGINFS PFOPLE IN NOARDING
MOTSE WERE PIOTTING
AGAINSr HIM.
A dispatch
re sye that
North Cmast
ee nt Basin.
plaim” it would lone by the
STATE’S ANSWER TO
of suppl
ties of 1
n eventful
will he be
)—
6t
ear
to-
rn*
nr
prena of the diseane.
At tonight’s mesaton Dr
t eesafon
, l«t here
ulng un-
Lfolqer
1907.
have
far
TEA
CEYLON
uisition of its property; but
allege the fact to be that
!
body.
IO cents a package.
For sale by allGrocers
<
1
amouht
plainant
2 'i -cent
fgh rates of Interest and
if the owners of the prop-
„ifut Sension wfi lexiu
today.
---------------------
other railroad* from earnng. after pa;
Webb of Yellowstone county waa on
the train, and with one of the train
e rew star ted on the trail ■
tp mnen a few minutes aftei th shoot-
ing.
Inate it, as herein set forth, to main-
tain outside agencies or to contribute
to the maintenance of outside agen-
clea of the system to which it belongs.
11.)
uth
gio
of
ich
sp-
ied
me
ri
hi*
lira
rents per mib as applied to ompiain
ant m am to it just, fair and renbonnble
KILLED AS THEY SLEPT BANDITS THEN WEAKEN
As a rule it is a safe practice
not to put into the stomach any-
thing that is not nourishing and
easy of digestion.
DR PRICE'S
WHEAT FLAKE CELERY
eife company and the lines of railway
owned and dominated by It. with which
to make such
-Afolger&C
GoldenGat,
rules, regul
by it. That--------------------
with the duty and has the authority to
establish for the transportation of pas-
sengers and property, and all service
in connection therewith, as intrastate
en crawled oVe
Uh drawn gur
do nothinx but wtare
when complainant refers to the amount
of the earnings which it makes or may ‘
make or does make, it means ths net I
_____-ing company was not
concerneh in all of th* indie tme nts and
adde that it might not ba concerned in
any ft is known that the grand jury
has Ineluded in It* inquiry an investi-
gation of whipmenfa of grain eattle
avrriculturral implements, 4 I! and other
a surveyor, recently
Hullivan was
would have made a fair return upon
the investment and neessary additlone
every year.
Def endants llege that there was do-
nated by counties, cities and towns to
amount, which
up the expres
intended, the
of. at the prices at which the same
could be obtained by economical pur-
last two or three years large sums of
money to a fund raised by the various
railways of the United States for the
purpose of maintaining advertising,
printing a nd literary bureaus for the
circulation of literature to Influence
other purpose* it-maintains many ex-
pensive and useless employee, but the
defendant not being informed suffit
ciently thereunto, are not able to spec-
ify the particulars of expenditure rela-
tive thereto. That it deposits and har
continually on deposit large sums <
money from which it might accumu-
late interest and other advantage, and
which Instead of being devoted to the
benefits and economic uses of the com-
plainant, results in no advantage, but
is used for the personal benefit, ad-
vantage and gain of its officers and
those connected with them. That in
the purchase of supplies and materials
the advantage to be gained by favor-
able contracts and economic methods
Huger Refining
York Centrai Ar
w is indicted •
guilty and fin*
compnny *»• ei
of arceptinz reh
guilty and paid
DENIES PROPERTY IS WORTH
AS MUCH AS FACE VALUE
OF SECURITIES.
ant's earnings ** reported in its annual
report to th* state commission, as re-
ferred to In complainant's bill. less than
the actual earnings which complain*
ant makes from such through or Joint
traffic Defendants have no means of
knowing the extent to which such di-
vision of rates and revenues l» in-
Defendants allege that It Is the cus-
tom of complainant to pay out large
sums of money for necessary employe*
and exorbitant salarlee and expense
accounts wthout regard to the econ-
omy of its operation. That it pays out
large amounts of money for the pur-
pose of the maintenance of representa-
tives. agents and other parties for the
purpose of influencing legislation at
every session of the Texas legislature,
and contribute* and has contributed
Sehoei Bendn Approved.
equipment as is reasonably neces-
but ) allege that the excessive
M. K.
which railroads are compia’rkf" 70.
suits pending in this court similar to
this cause. That the Southern Pacic
company owns and controls the Bouth-
•rn Pacific Railroad company, whose
line extends from El Paso, Texas, where
it connects with th* Galveston, Harris-
burg & Ken Antonio railway, to thePat
cific coast, and own* and operates lines
of railroad from the Louisiana and Tex-
as state line to New Orleans, known AN
Morgan’s Louisiana A Texas Railroad
and Steamship company, and Iouinlana
& Western Raflroad company, thus
forming a through line from New Or-
leans to all points on the Pacific coast
That all of said lines of railroad are
owned or controlled and are dominated
by the same Identical Interest* in the
and unnecessary i
charges up as a
benefit of the complainant, but a*
chared up in the operating expense
account. It* supplies and material*
cost more than the market value there-
largely to fund* accumulated by the
various railways of the United States
for the purpose of -maintaining
at the city of Washington a large corps
chases.
That complainant 1* also compelled
by the railroad companies which dom-
ing eighteen miles east, of Hutte, at
2 15 this morninK. Engineer James
Clow wns shot and Fireman Jamem
acts; and have and do unjustly charge
it with being arbitrary and unfair. De-
fendants deny that complainant or such
other complainants, professing to hope
that sald commission, seeing the al-
leged evil effect of the said rates, fare*,
charges, classltications, rule* and regu-
lations. complained of, believed or now
purpose believe that any such results as are
for the alleged, namely, the alleged configeu-
tion of complainant's property or dep-
rivation of the power to perform it*
duty to the public, would occur or
have occurred, or that the defendant*
actually inereancd by an
in exeess of what 4 orr
the market as an independent company
to purchase its locomotives and car*.
That many of the cars and locomotive*
in use by the complainant belong to
the Southern Pacife company or some
other line outside of the state of Texaj
owned and controlled by it, and that
the amount* which are charged up as
against the complainant for the us*
and hire thereof are greater than a
reasonable or fair amount, and greater
than the amount which complainant
would have to pay were it operated a*
an independent line.
ant nnd not to the action, purpose
gnr sign of .Aid commission, or to the
.tes, fares. charges, classifications,
ilatlone or orders prescribed
it said commission is charged
Simson, while
nts had been
roade eclineil
injmated that
Anter shouting the Engine < rew Hwy
Flew wuhwout Antempting to
Hlow the Expre- < nr.
Mont men how a.square .den!
after they have stacked the cards “H
lost.
to Fherff Hheet iker t
he train ri bb ' o th
| Lirnlted have been arrt
<
i they caught the train. ’
youths
I the relative ton miles of the kind*,
j classes and eommoditles of freight, nor
. . ’the comparative cost of handling each,
is easily converted by the diges- or any other correct nr reliable method
tive organs and supplies the nu- "derphnentuzps auaez thettmanz
tritive wants of all parts or tne moved and upo which it has been
' moved for the period since the rates es-
30 tahlished by circular No. 766, are low-
er and have been lower than the rate*
, fixed by the railroad commission of
{Texas, and were made lower by the ap-
Austin. May 1.— (Specinl >— The at
torney general's department today ap
proved an issue of $50,000 Sulpnur
Springs independent school district
bons, bearing 6 per cent ipterest and
payable la forty years and an Iusue
of $10,000 Munday Independent school
district bond* maturing in forty years
and bearing 5 per cent interest.
Defendsnta deny that the value of
th; ccmplainanVs property is equal to
or greater than the face value or the
market value of the stocks and bonds
outstanding upon the complainant's
tail way and property, as alleged in said
bill; they deny that sald railway, prop-
erty and equipment is worth tie sum
of .150.000.000. as alleged by complain-
ant; but allege that it is not worth
mere or of greater value, and that there
has not been expended for the a.ul-.
oilion or construction of its eltlng
property, than the sum of $11,130,900,
including all of its property and equip-
ment. a rd that it is not of greater vlIu*
per naie of line than $25,090.
Austin, May 7.—(Speclal)--The
state's answer to the prayer of the rail-
road* which seek to suspend the opera-
tion of all rate* fixed by the commis-
sion since 1899, including the order lor
a 2 1 -cent fare on the Houston *
Texas Central, has been filed in the
federal court for the Western district.
The complainants In this case arc the
Galveston, Harrisburg & San Antonio,
the Missouri, Kansas & Texas Railway
Company of Texas, the Gulf, Colorado
* Santa Fe, the Fort Worth A Hio
Grande, the Houston East & West ----.. ...
Texas, the Fort Worth & Denver City, tion or acq
the San Antonio & Aransas Pass, the defendants
St. Louis, San Francisco A Texas, tne
Texas A Pacific, the International A
Great Northern, the Houston & Texas
Central, the Texas A New Orleans and
; tomorrow and mol
•lay atjenvling the
r stone f the ne
so; but allege the fact to be that it M
the policy of safd complainant and its
stockholders controlling it to make
whatever improvements It pleases to
pay for out of It* earnings, charge up
as much a* posible of it a* operating
expenses, and then claim that it should
VARCADE I
ARROW
Collar.
W ezwre EACM; • von •• Stave
euen, rawest set. monene w sum w
complainant, in aid of eonstruction,
large amounts of money and property: ----------------
that practically all of its right of wayg the complainant connect*,
and (rounds were donated That thsr’—-— -m-
state of Toxas donated to complainant
large amounts of land. That, had th*
land and property given to th* com-
plainant for the construction of It*
lino, and had its bonds which it issued
been sold for their fair value, and had
th* proceeds thereof been deposited in
the treasury of th* company, th* same
would have boon sufficlent to pay for
th* construetion and equipment of th*
lln* of railroad and left a large balance
in its treasury; that the impoverished
condition of the complainant’* railroad,
if that condition ever existed, was due
rule*, regulations and orders com-
plained of were made, the same have
steadily increased; and that since said
bill was filed have increased *u that
the same are far greater than they were
al previous to the time the sald rates,
ok fare* and charges, claseifications, rules
and regulation* took effect; and that
at the rat* of increase since th* bill
was filed, wfil for th* year ending June
10, 1007, exceed the net earning* of the
previous year by an amount in excess
of the sum which complainant alleges
it is deprived of by the existing rate*,
fare* and charges; and defendants *af
that sald increase in earning* is du*
to the increase in th* intrastate busi-
ness of complainant sufficient to more
than produo* th* net earnings from
such intrastate business under the pr®-
ent rates, than were produced under
the rates, fares and charges containd
in said circular No. 766, an applied to
complainant’s sald business when the
matter is set down for a pubjle hearing----
un th railroad cited to ARwer, thiatcommoditiee
"the question upon whirh • they rail al admitting that indletm
। herring and have at least formed suci returned againat the rol
ri antopinion asjto justify the belief that. - to be more specific He
In a case where a rate reduction i* the sugar reflnin
- plain ant for a reduction of th* rates
ad fixed by th* railroad commisston of
Texan, all of which dt fondants will
show upon a hearing of this case
Defendants deny that th* amount of
not arnlgs of complainant set up in
said bill and exhibitels corretty stated,
but lleg that th* complalnants not
earnings from its busines for each of
the years named in said bill and ex-
hibits were greater than th* complain-
ant alleges; that la th* amount remain-
ing from gross income per alnum after
deducting th* real and porroet cost of
the real, necessary an 1 reasonable oper-
ating expenses for th* same period, a
greater *lm would remain than I* stated
in said bill, because of the fact that the
erty to put up the money which corn
plainant needs for such improvements
and equipment, and tb* policy of com-
plainant to make no improvements and
procure no equipment except what it
may pay out for current earnings, after
paying such interest. le th* primary
cause of complainant not having made
sufficient improvements and secured
sufficient equipment for its business.
Defendants deny that the complain-
ant has willingly accepted and put in
force the rates, rules and regulation*
prescribed by said commisston. but al-
lege the facts to be that the complain-
ant and other railroad companies which
have filed in this court similar bills to
that of the complainant, have adopted
a policy of hostility to said law and
to the said comm Im* t on and all of its
It I* expee ted »hat the ■
roads indietee tomny w»li b
trial within a few day*
management thereof and tb* pollctes
to be pursued. In practically the same
manner aa if owned by one company:
That such control of the complain
*at'o railroad enables the Southern Pa-
the engine and ran down the moun-
tainside, disappenring in a gulch w
eral hundred yard* from the track.
Hherifr Henderson of Hutte wan no-
tified. and with a posse left on a train
for the ncene of ’he holdup Sheriff
public opinion with respect to matters
of legistition pertaining to railways. I
That It maintains or is compelled by
the Railway companies and systems
that dominate it to maintain at the
city of New York an expensive office
whioh ha* no other use or purpose in
connection with the sald railway than
th* accommodation and convenience of
financiers and capitalist* and specula-
tors. and which office performs no ser-
vice of a valuable sort in th* mainte-
nance and operation of complainant's
line of railway. That for various
earnings of 18 per cent will be shown
for the year ending June 30, 1807. and
that there 1* a like increase, in thn
gross earning* from intrastate huslnesi
for sald period; that th* net earnings
of complainant for sul0 seven month*
of 1807, increased the amount of $337,
078 74. an increase equal to 21 per '.ent.
whic his fairly representative of the
increase of net earning, »■ will be
shown for the year ending Jun* 10.
1807
Defendants allege that the progress
and development of the commerce and
country which complainant serves is
rapid and will continue to In reane He
earnings and profile from yeur to year.
Defendants further allege that th*
complainant. In practical effect and for
the purpose* of It* operation, is not an
independent line of railroad, but be-
long* to a system of railroad* km wn
as the Southern Pacific system, which
system ot railroad* l» owned and con-
trolled, and its policies directed by the
Southern Pacific company. That the
capital stock of the complalnant, while
the same may be in the name of in-
dividuals, I* held by them fo rtbe use
and benefit of the Southern Pacimc
company That said Bout hen Pa< itj^
company likewise owns and contre*,
either directly or indirectly, the capiTaL
stock of the Galveston, Harrsturg 4
San Antonio railway, the Houston,‘an*
Aand West Texas rallway,,, ahd..te
Texas A New? Orleans railwȴ,M ,95
leg it* real operating expenses
taxes, a fair and Teasonable returu
upon tha flx value of the property
employed for the public service, or to
so ream e >18 enrnings as to intertere
with or pcvent it from perforn.ing un
efficient public service. Or to prevent
it from earning sutficlent to pay its
actual operating ex pen sea taxed and a
fair return upon th* valu* of its prop-
erty employed in the service to which
Its rates, fares, charges, clasdlleations,
rules, regulations, orders or other a.“
tion complained of, apply- Defendanis
deny that said commission pursue a
policy to so reduce the earnings ae to
prevent complainant from maintaining
its property in an efficient etate to
properly perform It* duty as a common
carrier, or has ever don* to.
Four Hnilronde 4 harged Wieh Violating
Fikin Irh
New York, May 7 Indi • genta chHi »
ing violatlon of the F-IkinHanti-reb ’
ing act were handed down by a ede
grand jury agninst the f’hleaKo, Ru k
Island K Pacific railroad ’io Ontari •
division of th* ratee and revenues on
joint and through business of com-
plainant carried to or over such other
line* of railway under the contarol and
domination of the Southern Paeife com-
pany ae to produce an inequitable di-
vislon threo and make the oomplaln;
tat hed. (ne mile w
That the total current net earning*
now being produced by complainant *
operatlon is equal to more than 10 per
cent per annum upon the fair value of
It* property; and the net earnings from
it* intrastate business is equal to mor*
than 10 per cent per annum upon toe
value of its property devoted to that
business. *
Defendant alleges that th* 8ros
------- --. carninga of the complainant for the
part of its operating expense. ceren months ending Jan 31. 1907, in
Defendant* say that when the com- Ereaned ly the amount of $650,225.51
plainant’s road was constructed it was J th. same period for the year 1808.
improvidently done, that heavy Krades | ' Ivnlent to an ine rease of 18 per cent;
ananumnsuriunt"dneewmbone anthesne .«ld inereare > erons
and drains made it more expensive to
commerce carried between point* in
the state of Texas, reasonable rates,
fares, charges and the rules and regula-
tions applicable thereto, to be observed
by complainant and other railroads, re-
gardless of the indirect effect thereof
upon the earning* from or rate* and
charges for interstate commerce carried
to, from or through th* state of Texas:
that in th* exercise of that power and
in th* performance of that duty, said
commission ha* not, by the action com-
plained of or otherwise, regulated in-
teistat* oommerce, or established un-
just or unreasonable rates, fares,
charges, classifications, rule* or regu-
lations applicable to complainant or
other railroads for transportation of
passengers or property carried between
points in the state of Texas, nor there-
by or otherwise, directly or indirectly,
deprived complainant of its property
without due process of law, or denied
to it the equal protection of the law,
nor caused a taking or appropriation of
its property for public use without just
compensation, or otherwise deprived
the complainant of any lawful or con-
stitutional right.
Defendant* deny that in establishing,
prescribing or promulgating any of tne
rates, fares, charges, classifications,
rules, regulations, orders or in any
Other action, complained of in said bill.
Or as set out in sald exhibit F, or in
any other exhibit to said bill, the com-
mission acted arbitrarily, capriciously,
conirary to the credible or reliable evi-
dence submitted to i and the facts
known to it, or refused to hear or con-
sider any facts by the complainant or
otherwise submitted to it, or refused
to the complainant or any other inter-
ested party a fair hearing with respect
to any such action of said commission.
The complninant not having by its bill
pointed OHi the particular instances or
otherwise particularised wherein the
said commission has so acted, del end-
ant* are not enabled to know in what
partictiars to set forth the manner oi
its action. But defendant* deny‘that
said commission Ira* adopted or pur-
sued any p* hey to reduce rates, exgcpt
to make then conform to the star.dard
of the law which requires that the sarue
shah be vusl and reasonable, tondis-
criminatory, and shall otherwise con-
form to the requirements of the law.
they deny that said rates, fares, charges,
classifications, rules, regulations, order*
and other actions of said commission
were in pursuance of any policy of said
commission to prevent complainant or
in property, or by the sale of its land,
or otherwise, the particulars of which
the defendant* do not know and there-
fore cannot state.
The defendants allege that to pre-
scribe a schedule of rates, fares and
charges applicable to transportation of
passengers and freight between points
in the state of Texas, sufficient to pro-
duce net earnings to pay the interest on
said bonds and indebtedness, or to pay
the Interest thereon and a dividend on
said stock, or to pay both and create 0
sinking fund to pay off said bonds or
debt*, would be unjust and unreason-
able and unlawful exaction from th*
public.
Defendant* further allege that th*
property of complainant employed in
the public service for which such rates,
fares and charges are made, has no
value in addition to th* physical val-
ues of its property and the necessary
money invested in it for existing prop-
erty; that there is no such establlshed
or fixed business of complainant as to
create a value beyond the actual cost
of its existing property, with such en-
hanced value aa such property may
have by improvement with age or use,
or by additions; and that the existence
of such bonds and indebtedness give no
such value.
Defendants deny that there should be
added to the cost or physical value of
the complainant'* property an unde-
fined and Enjectural amount merely be-
cause other property along its line has
advanced in value, as claimed by the
complainant in said bill
Defendants allege that in the estab-
lishment and making of the rates, fares,
charges, classificatlons, rules, regula-
tions and orders complained of, said
commission has not denied to complain-
’ ant a fal. return upon the fair value of
its property.
That the net return from complain-
ant's business of transporting and haul-
i ing passengers and property between
। points in this state a* intrastate com-
merce upon the said schedule of rates,
i fares and charge* complained of and
’ under tha rules, regulations and orders
’ complained of, is equal to or greater
• than the per cent of earnings on its to-
’ tal business, and affords and will con-
• tinue to afford a fair return upon th*
‘ fair value of the complainant's prop-
‘ erty used in such intrastate business;
» and that the amount of sald returns a*
- net earnings is more than just, fair and
■ reasonable considering the Interest of
f the complainant, the shippers and the
' public, and all of the elements by which
t correctly to test and determine tn*
Helena, Mont May 7
Grounds Upon Which the State is
Combatting the Allegations of
the Railroads.
1 g ma p ff _ No woman’s happi
Woman s
senston today of the National Amoeta: " — is her nature to love
tion for th. Study and Prevention of - ahd want them
Tamempinnientwaz di: i qudal j Aga geg as much so as is
»! arfe( tinx tubere i». 87V9 W 878 a S S Rg csi S €E W 42.39 to lovc : bcuu-
and factories. The sentiment was ex- * W "" “ 5 and pure,
pressed by the elegates, educators ... 11 niu
and representative* of the workingmen The critical ordeal through which the expectant mother mus, P4192
that crowded “ropma, bad air and poor .. . “ — a j---- *hkthm
light was the Prme cause for th*
anawninievoweofiacommi- in ......utomobite wo a 'H rh?
•ton to wUhli.h' ana if comphaipnt ialznunra Devia tl'hinn ','t . > tXa >
ateq Azrpreon wme Aw ” ""10" "
That the public 1* entitled to a jet
anti reasonable fare over the rotpla 1 n-
which it can secure.
Defendants further allege that th*
operating expense* and the expendi"
lures which the compininant mbakes
are greater than it would be if com-
plainant company were operated a* D
independent line free from such dome
nation and control of the Southeyn Pa-
• ife company and the system of rail*
roads owned and operated by it, be-
couse of the fact, a* defendanta charge
the same to be, that the Houthern Ps-t
cime company in fact purchase* th* ma-
^'■"•nd' tzr"Thefcompiannini: PRA 7Y AARPpNTER
.77X7 ngrirranareupe UALI bAnrtNItn
pile* actually cost . that In the purchase
of locomotives and cars and other
equipment for which complainant pay#
and report* as operating expenses, a
greater amount than the fair vale
thereof, and greater amount than it
would have to pay were it going int*
from New York
Mrm, I.HHmh l». < nrothera. All elderly
woman, who bourded in the house.
After killing Bush and Heare, Lavis
walked down the hnliway, where he
met Mr*, (‘urothers, who had heard the
first two shots ond come to her door-
way to find out what was the matter
He shot her and with the remaining
shell shot Mra Arson Bush. Vinton
waa killed as he lay in tied Meventet n
year old Annie Huah came running into
the hallwuy and met Davi*, whose shot
gun waa stiil elutehed in hi- hand. Fie
turned the gun on the girl. Hhe was
too dazed to move or speak arid could
on F‘ea
Amerjran H :
Invoived in
proposed, same I* unreasonable, and to
that extent the law presumen that an
opinion had already been formed when
a hearing I* called upon such a Bub-
ject; that the opinion* expressed by
Commfasioner Colquttt in his speecn
at McKinney in no way dfaqualirled
him from imparttally hearing the case
which had already been set down for
public hearing.
same.
Defendants deny that in its action
complained of in prescribing rates,
fares and charges, it was governed by
the valuation which it had caused to be
made of complainant’s property under
the stock and bond law; or that it at-
tempted to or did limit the amount of
return to only a fair return upon such
valuation, by the rates fares and
charges so prescribed, but alleges the
fact to be that the said rates, fares and
charges permit, and complainant
make* a greater net return than a just,
fair and reasonable return upon the
basis of such valuation of the property
used in transporting and handling th*
passengers and property to which such
rales, fares and charges apply.
Defendants allege that the commis-
sion's value of complainant’s property
was one of the matters which it took
Into consideration in prescribing th*
rates complained of, and that repre-
senting. as it does, the eost of the com-
plainant’s property estmated and as-
certained in detail, at the date of said
valuation, with allowances greater than
the real value by 10 to 16 per cent it
is a material fact to be considered, but
a* bearing on the question of value
said commission also took into consid-
eration all additions and betterments
since made, as well as all other ele-
ments proper to be considered as the
basis of value and as the basis of rates
to produce a fair return thereon.
Defendant* deny that th* relative
amounts of the freight moved a* intra-
state traffic by complainant is correct-
ly represented by the alleged total num-,
bers of'tons of each kind handled Ny
complainant; but they allege that the
relative number of tons of each sort of
freight, intrastate and Interstate, haul-
ed one mile in quantities of less than
carload lots, commonly designated by
the initials .C.L. and the number of
tons of each sort hauled one mile in
carloads commonly designated as C- G.
would indicate the relative service per-
formed in transporting intrastate and
interstate freight; and when so com-
puted. defendants allege that It will be
shoown that th® average number of ton
miles in handling the intrastate freight
in proportion to the number of tons
hauled, compared to the same unlts
applied to the interstate freight hauled,
a* to complainant’s business, will show
a much greater amount of service and
more unts of service on thesaverasein
transporting the same number ot tons
of iteratate freight than in trans,
portmg Intrastate freight; and that the
coat per ton of moving the Interstate
freight, considering the distance haul-
id ana all other elements of coat, la
Ereater than the intrastate freight
hauled by complainant.
Defendants further aleg:. that.com:
plainant's statement of the relative
number of tons of intrastate and inter:
state freight which complainant has
hauled is Incorrect, because there ‘sen;
eluded as interstate freight a 'cry
large tonnage of freight hauled to and
from the border of this state upn.ne
and separate billing. wnch defendants
allege is intrastate freight; for example,
that in hauling cotton xo Galveston on
a billing only to Galveston, the,9ame
is by complainant included In the In-
tersite freight. likewise In movement
of grain and many other commodities,
rebled at gulf ports and at Texas gate-
ways like Texarkana, El Paso Denison,
Gainesville and many other places. De,
(endants do not know the amount of
such freight which complanant has in-
correctly so estimated as interstate
icommerce, but allege that it is a very
। large amount That therefore the rela-
tive earning* from intrastate freight
is not correctly stated, but is greater
than alleged by complainant.
Defendants deny the correctness of
‘ the tables, exhibits, calculation* and
onclusions contained in complainant’s
bill designed to show that the cost of
I moving intrastate freight is greater
than moving interstate freight on com-
plainant’s line; and say that the same
is unreliable and incorrect, because not
I based on, nor I* consideration given to.
THF HUI MAN IS Al80 SHOT
HUT NOT s1OL SLY
wot NDED.
would, upon such happening, seeing its
error, advance such rate* or cancel such
order*, rules or regulation*, for de-
fendant* say no such error was coni
mitted, nor have such result* happen* d.
nor were they contemplated, either by
the complainant or said commission. De-
fendant* deny that any of the rates
fares orcharges, olassif ications, rules
or regulktions were accepted and put
in force by complainant fur any of such
reasons set up by complainant.
Defendants further allege that the
net earnings of the complainant. In-
stead of being decreased since the said
rates, fare* and charge*, classificatlons.
man faltered mid hl* hand* trembled
Then the girl found volce enough in
say;
"FJeane don't kill me •
And the shotgun dropped from Davis
hands.
"I can’t do it, he Baid. ‘ 101 are a
good girl. Benides, you look Ike my
own hill, and I would mee ber face 11
I killed you ’’
The girl wns the only »• Upsnt of
1 • houst who escaped
When the police came to arrest aVt
he fought Hk' a demon an I a riot • til
waa tnrn»d In Neven offirera rerpondee
earnings as so ascertained, and that
depends upon what is embraced in the
gross earnings and operating expenses.
Defendants say that these accounts ar*
not cor.ect because of ineiuding as op-
erating expenses many charges not
properly operating expenses, and among
them are Item* of renewals and re-
pairs. in which are embraced additions
and betterment* to the complainants
Defendant* admit that the complain-
ant has outstanding a large amount of
capital stock, but they deny that its
stock represents an investment of money
paid, labor done or property actually
received which went Into the construc-
be permitted to charge higher rates
than the schedule* in effect in order to
make betterment* and addition* to It*
property, after paying a high rate of
interest on an excessive issue of out-
standing hons; and in this way to
make It appear that sald comm1*sion*
rates ar* too low.
Defendants deny that said commia-
■ion. by It* rate*, fares and charges or
other action complained of, or by any
policy whatsoever, has prevented orr
doe* or will prevent complainant from
making such improvements and buying
Defendants further allege that in the
repair* and renewals of locomotive* and
cars that the complainant I* at large
expense for the repairs and renewals
thereof for the benefit of the Houthern
Pacific company or other lines of rall-
road controlled by it outside of the
state of Texas, and the expene of such
repair* and renewal* is charged up as
a part uf the complainant's operiinK
expense, hut in truth and in fact ex-
pended for the .benefit of ihe Houthern
Paetfio company or lines contvolled by
It outside of the state of Texas Th*
defendants are not able to stat* ’be pAE-
tlenlars or the amounts wherein th®
complainant 1* deprived of a fair di-
vision of th erates and revenues, or
amounts of expenditures which it la
thus compelled to make, or the loH8
which It vustaina by virtue of the fore-
going facts as a result of the domina-
tion of the »ald system of railroad to
which it belongs, but defendants alleKe (
that.it materially reducew th® net nrn ,
inge of the omplainant, and that tha
details of said facts are known to the
complalnant.
That to the extent to which Ha net
earnings are reduced dr It* operating
expenses increased by reason of bald
fact* and the extent to which the gms*
earnings are thus decreused, th® benefit
arcrue* to the real owners of the stock
and bond* of th* complninant; that is,
to the said Houthern Pacific company,
and the railway compnnies which it
own* and controls outsle of the stat*
of Texas,
Defendants admit thnt saM commis-
sion established and prescrihed a stale
of passenger fares for the trunnporia-
tion of passengers between point* on
complainant's line. ** alleged by com-
plainant; but they deny that nueh fares
are or were unjust, linrea sonable or
confiscatory, as alleg ’d.
Defendants deny that the effect of
such fares if enforced would cause the
complainant to lose ’he sum o[ money
ns alleged, or so redice 'ts f rning»
from passenger fares as to render the
passenger business of coinplainant un-
profitable to It. or depriva It of 11s
property without du® procens of law or
law or deny to it the equal protection
of the law That the Baid fare of 2%
Fan Francisco, May 7.— While tempo-
rarliy insane and fan* ying that the peo
ple in the hojse where he boarded bail
formed a plot to kill him and secure hla
money, Walter Davis, a carpenter, for-
merly of Farmersville, U«i.. today shot
and killed six persons
Davis shared a room at the boarding
house of Arson I». Bush. 414 l’lerce
street, with Huth*® son and W. 8. tieaid,
formerly of Mt louis.
Arising shortly before 6 o'clock this
morning, he ermed himself with a
double-barreled shotgun and after kill-
ing hl* roommatee, proc • eded through
the house, visiting each room and kill,
ing the occupanta. Til® dead.
Arnon l>. umh, aged 57.
Mr*. Husk.
Non of the nbove.
W. M. leare, a carpenter
odville, where
They are mere
i ne criuicel OIud- unwgu -nE----- . . • t+ha
however, is so fraught with dread, pain, suffering end danger, that 1.0
very thought of it fills her with apprehension and horror. There is n0
___ _______ • Livingnton -necessity for the reproduction of life to be either painful or dangerous:
Farrand of New York "poke on the uf Mother'* Friend so prepares the system for the comingevent
campaign against tubereulosis In the, nheuscormouenru"PEP ‛ .nd wonderful
Unitea StaX that it is safely passed without sny danger. This great and wonderrot
- Mother’s
trying crisis wiehout suffering. pu_ *
sen forfresek conteta u tafrrmn ot Ew AM •40 gg mm
r nonu
Davis, Th*
j h<1 Engineer (li
. how uf ronjatan
rotbers fired ho
I the body, killing I
j ether man shot at
l his arm.
to th* bad management or misapplica-
tion of the proceeds of said property
and bonds and not to th® rates, rule*
and regulations prescribed by the rail-
road commission of Texas. Defendants
do deny that any impoverished condi-
tion of complainant's railroad exists at
this time, or ha* existed since the es-
tablishment of the rates complained of.
Defendants deny that complainant
ha* no other meane of securing suffi-
cient money to make needed Improve-
ments or buy equipment necessary to
it* business from other resources than
its current earning*, If it wanted to do
not heen made public, it is rev
that the ehnrgen nt" h aged upon
ment allegod to have ber mnad
the railroad companfes to the Ame
dying itself with large quanti-
equitable or unfair to the complalnapt
company, but are Informed and believe,
and allege the facts to be, that the
complainant recelves and is allowed
out of the total freight rate on through
business less than a fair and reasona-
ble or equitable division of the rates
or revenues received therefor, on ac-
count of which the complainant carrles
much of such traffic at lea* than the
compensation It would receive were it
really owned and operated as an Inde-
pendent line of railroad by the con-
plainant company with the chance to
secure the most favorable contracts and
agreements with connecting lines on
through or joint traffic.
Defendants therefore allege that it
is not true, a* stated by the complain-
ant. that it receive* out of Ha inter-
state business all of the compensations
complainant has accumulated out of I*
gross earning* from year to year a
large amount of property which is not
shown as earnings or accumulations in
th* annual reports of complainant to
said commission, but whloh is covered
up in the Item* of reported operating
expenses, as show in paragraph T
hereof.
Defendants say that In accordance
with the authority given it by law the
said commission require* of complain-
ant and other railway companies cer-
tain reports of its business operation
and various details thereof, monthly,
annualiy or otherwise, of all its busi-
ness and various data pertaining there-
to, for each fiscal year ending June 30.
These accounts show, among other
things, the reported gross earnings. In
detail, and a detail of reported operat-
ing expenses for the year, and by de-,
ducting the latter from the former the
so-called net earnings are found. That
ant road, but defenda nte sper hilly deny
that nuch -fare would he unpru/t • b •
to complainant Defendants say that’
for the seven months endiur Jan. 31.
Defendant* deny that complainant's
property is managed and operated in
the most economical way, as alleged by
complainant, and deny that its ex-
penditures charged in operating ex-
pense* are not greater than necessary
for the real normal expenses incident
to the performance of the public serv-
ica Defendants say that said accounts
as returned to the said commission are
designed by complainant to show a
maximum of operating 'expenses and
minimum of net earning* upon a policy
being pursued by said complainant t*
make a showing to prevent said com-
mission from reducing Its rates.
*
, t
H was rumored that tie
the te
the St. Louis Southwestern.
The railroads have thirty days in
which to amend their prayer, arter
which each side has ninety days in
which to take testimony. It s not
r likely, therefore, that the case will be
tried this year.
Defendants say that the rates, fares,
charge#, classification#, orders, rules,
regulatfons and other acts, made and
promulgated by the defendant, the rail-
road commission of Texas, set out in
complainant’s exhibit F, which are com-
plained of in the said bill, were duly
and legally made and promulgated by
the said commission in the lawful ex-
ercise of the power# conferred upon it
by iuw. and are’just, fair and reason-
able. and are not unjust, unfair and un-
reasonable, and do not deprive the com-
plainant of its property or any part
thereof, or right arising therefrom,
without du* process of law, or deny to
it the equal protef dion of the law, nor
constitute a regulation of interstate
commerce, cr deprive the complainant
of its property without just comprhsa-
tion. o. otherwise violate th-? conrtltu-
tion of the United States or nt the state
of Texas, or deprive the camplainant
in any manner of any right, privilege
or immunity to whlh it is entitled
thereunder or otherwise: and that th*
complainant is not thereby «leprived of
the right t earn a fair return upon the
fair value of it* property, employed in
the puliir service to which said rate*,
fares, charges, classifications, rules,
regulations, orders or other of said acts
of said commission apoly; nor is its
property or any part thereof confis-
cated, directly or indirectly, nor is com-
plainant required thereby to perform
the service of transporting passergers
or p‛c]trty, or the performance of any
other service, at a loss, for less than a
reasonable compensation.
Defendants deny that the effect of
any of the rates, fares, charge®, classi-
fications. rules, regulations or orders
prescribed by the sakd railroad commis-
sion and which are complained of In
said bill, is to cause any reduction in
the rate*, fares or charges upon or over
complainant s railroad for the carriage
or shipment of passengers or property
as Interstate or foreign commerce, or
to cause any reduction of such inter-
state rates, fares or charges to the
point of maxing the same unjust or un-
reasonable. That if* by reason of the
rates, fares or charge s prescribed by
the said commission and competttive
conditions between the said complain-
ant and other carriers, the complainant,
in order to seure business of carrying
passengers or freight a* interstate or
foretgn commerce, has reduced any of
its rates, fares or charges for the car-
riage of the same, as to which defend-
ants ar* not informed and therefore
cannot affirm or deny, such conditions
and such action of complainant were
due primarily to the existing competi-
tion or other causes than the action of
said commission; and such action was
voluntary on t‛ part of the complain-
western railroad. th® C’kicago, MIlw I
kee & Ht Paul rallroad and the Went
ern -Transit compiny today All th*
indictrente contain several < <•
largest number firing fn fhut
the Ontario & Western whL h
thirty separnte offensen
While th® text of 11.® I d
the expres car
Sd' 88 Ҥ5
——-ena-esuwowo8
commanile I the en-
train, whi h he
.iv, however, made
ice. ane one of the
oting him through
him inatantiy. . The
i Sulliv .n, breaking
property actually received on account
of the issuance of such capital stock
was returned to the stockholders by
the company through the Issuance and
sale of its bonds or other securities, or
__
Defendants eny the disquall h allon
of Commissioner Colquitt on an Hint of
the speech whi*h he delivereei at Me-
Kinney on the 12th day of May, 1906,
at which time and place he opened hia
canrpaign hr a candidate for the lemo-
eratic nomination for g<*v< mor of
Tex is , The general q estlon f ratea
both passenger ane freight. um well
as the question of free transportaiion,
wa* diseunsed in safd apet • h and he
did not refer to th* hearing then pend-
ing before th® rlirod e ommiusion of
Texas, wherein the Houston A Texas
Central Railroad company had beet
cited to show cause why the panaenxer
rate on said rallroad should not be i« •
duced from the maximum of 3 cent*
per mil® to 2% rent*
In further answer to this nilegatAei
of complainant the defendant ways that
the railroad commlislon act, from
which the sald defend ants de rive than
authority, makes it tiir duty to in-
quire into all rate* and all mailers
renting to the rensonable ness of a rale,
and the law presumes that befor a
an exhorbitant
Pazo Ointment is
any case of itching
ir trdin« I' I -in
r money reundec.
Hutte, Mont . May 7 William
Powers, aged 34, who he came
her last week from Mund Point,
tdalo, was arrested nenr Woodvilie
by a sheriff* pone this afternoon,
suspei ted of being one of th* men
who this morninx held up ths North
Coast Limited on the Northern Facitie
n.ar Welch Hr said he meant to
board a train at Woodville and beat
his way out of the country He denied
all knowledge of the murder nnd hold-
up but was sent to Butte by th*
sheriff.
Engineer Clow's last h» r«» C art in
turning on the brakes probably saved
hundred® of lives. Th* grade at
Weleh la un the top of the divide and
is very steep and the curve sharp.
Had "both men hl the tab fallen be-
fore th® brake* were put on the ex-
press train undoubtedly would have
attained a speed sufficient to jump
the track and plunge into the eanyon.
The Limited was held up by ‘9
THE FORT WORTH RECORD: WEDNESDAY MORNING, MAY 8, 1907.
rompany 1
Fiudsor Fiver
ome time g
hehvliy, T
■
x to fotrtern days
The mer bosrd, 1 the train presum-
ably f th. B ” irnnafer, M ht re a lo-
maintain and operate than a properly
constructed rond, thus constantly re-
during its net Earning* on that account
That the amount of money which com-
plainaut claims by its bill to have been
put into the aald property would have
heen far in excess of a sufficient sum
to have cciatructed and equippec the
complainant*® railway without th® dC-
feet* named and in first-class manner;
which could have been operated at
much les* cost.
That th® poor and improvident con-
struction has necessrtated reconstrc-
tion to an extent far beyond what
would have otherwise been necessary to
maintain it.
That at the very inception and bulk“
ing cf all that part of complainants
line whirl was built before to* enact*
ment of the stock and bond law. *o
callcd. that is, before August 8, 1893,
the ccmpiainant corporation Was ren-
ered insolvent by the improvident <r
fraudulent method of financing the
project o* organising and building the
ruad.
The law contemplated that the face
▼clue of the stock should be paid into
the compnsy’s treasury in cash, prop-
erty or the equivalent, and that the
bonds should be used for legitimate and
lawful purposes. Instead of that being
done, the same were sold for le** than
par. the piuceeds turned over to the (
ktockholders or were .given away to
the gtock holders, or for other purgone2,
and instead of complainant’s stookhoid-
ers being out any money in the con-
struction nnd equipment of the said
property, they had made a large profit
and still held the stocks, or had sold
them which, as a net result, cost, them
nothing, and they had mortgaged the
sail rallway property to secure a bond-
ed debt far in excess of Its valu* and
thereby rendered it hopelessly bank-
rupt
In naitton tn thia the ntockholders,
by one manipulation and anoser. wtch
drendants cannot for want of infor-
mation detail. Bold and otherwise ana-
pome or large land «ranta, bonuses,
donations and girts from the atate of
exas, the counties and etttes throuzn
which the complainant's line ran. and
deprived the complainant of the same.
The character and amount of such ao:
nattona detendants cannot, for want
of information, etate, but allege that
the facta are beat known to complain-
ant and aak that It be required to show
the eamo
Defendants allege that nince th. tnsu-
anc. of aald stock and bonds the,com-
plains nt has been operating under the
load and burden of an excesstve bond
issue, entaliing upon aald complainant
obiiEntions in the way of interest
harge greater In amount than la re-
-onaBie or necenary. Had the bond,
and etook tasue4 by the aald complain-
ant been limited to th. amount of th.
actual value or coot of conetruction and
eno 1pm wit of aald complainante prop-
erty. the feal investment and indebted-
nom of aald complainant in th. con-
»truotion and equipment of aald com-
plalnanes railroad property was mach
that lie earninee, with proper buminesa
economy in construettom ana operaton
laying f
r n
htree #t ree 1
Knights T - .
. . • ted to be in attenance nne the
. . qenc of Grand Mister (ro ge -
tossiton of Chicago and Grsn.l Stand-
rd Bearer W H Norris of Manchesten
iowa, will,ade interest
! M^ter* NomiEonwi
be a feature of Wednesday;
monies preceding th® ay’De of * he E.
ner Stone of th® new tempie l hl» ee,5.
mony will be nnder th* wusp <• or -6
grand lodge ot Georela,
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The Fort Worth Record and Register (Fort Worth, Tex.), Vol. 11, No. 205, Ed. 1 Wednesday, May 8, 1907, newspaper, May 8, 1907; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1498753/m1/3/?q=%22~1~1%22~1: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .