southern
pac
terminal
interstate
commerce
commission
argued
december
decided
february
bill
equity
enjoin
order
interstate
commerce
commission
requiring
appellants
cease
desist
day
september
subsequently
postponed
november
period
less
two
years
thereafter
granting
giving
undue
preferences
advantages
one
young
shipper
cotton
seed
products
port
galveston
texas
failure
exact
payment
wharfage
charges
handling
cotton
seed
cake
meal
wharves
docks
piers
appellants
time
exacting
charges
shippers
cake
meal
giving
allowing
person
whomsoever
exclusive
use
space
wharves
appellants
galveston
use
storage
handling
cake
meal
contemporaneously
refusing
denying
similar
privileges
shippers
substantially
similar
circumstances
conditions
young
formal
party
interstate
commerce
commission
however
made
respondent
suit
filed
answer
cross
bill
commission
demurred
bill
cross
bill
demurrer
overruled
answered
final
hearing
case
submitted
upon
agreed
statement
facts
bills
dismissed
important
facts
set
opinion
refer
report
interstate
commerce
commission
details
republic
texas
conveyed
one
menard
property
upon
wharves
terminal
company
situated
menard
conveyed
property
president
directors
galveston
city
company
conveyed
collis
huntington
sum
recited
deed
made
upon
express
covenant
condition
follows
means
acts
congress
act
legislature
ordinance
conveyance
city
galveston
may
required
purpose
right
secured
said
collis
huntington
heirs
assigns
construct
piers
may
time
time
determine
event
said
collis
huntington
heirs
assigns
within
six
months
thereof
commence
construction
terminal
facilities
upon
property
use
commonly
called
southern
pacific
railroad
steamship
systems
city
galveston
february
passed
ordinance
recited
conditions
huntington
purchase
stated
greatly
interest
city
work
contemplated
performed
proper
utility
property
streets
opened
across
ordained
streets
avenues
alleys
theretofore
opened
laid
manner
designated
upon
property
perpetually
abandoned
discontinued
closed
huntington
heirs
assigns
granted
right
perpetually
construct
maintain
piers
might
time
time
determine
maintain
upon
property
terminal
facilities
use
commonly
called
southern
pacific
railroad
steamship
systems
successors
assigns
provided
huntingtion
wharfage
use
piers
facilities
upon
said
property
except
far
wharf
service
might
covered
freight
rate
wharfage
subject
regulation
railroad
commission
texas
recited
greatly
public
interest
property
developed
shipping
transportation
purposes
shipping
facilities
port
galveston
thereby
improved
enlarged
order
better
accommodate
commerce
port
state
ordinance
ratified
act
legislature
approved
may
act
set
ordinance
full
relinquished
huntington
title
claim
state
property
upon
conditions
expressed
ordinance
addition
subjecting
wharfage
charges
regulation
railroad
commission
required
annual
report
body
provided
system
railroad
tracks
might
constructed
huntington
property
connect
track
railroad
company
might
built
property
place
designated
consolidation
property
stock
franchise
corporation
might
control
galveston
wharf
company
wharf
company
terminal
charges
fixed
charter
formed
use
operation
management
property
granted
without
containing
section
providing
huntington
performed
conditions
expressed
conveyance
ordinance
act
legislature
southern
pacific
terminal
company
texas
corporation
organized
construct
maintain
wharves
docks
accommodation
kinds
vessels
avail
use
enjoy
properties
rights
privileges
franchises
granted
described
referred
act
legislature
state
texas
may
ratifying
ordinance
city
galveston
construct
maintain
upon
property
terminal
facilities
use
commonly
called
southern
pacific
railroad
steamship
systems
time
incorporation
terminal
company
following
commonly
referred
southern
pacific
railroad
steamship
systems
line
steamships
owned
southern
pacific
company
running
new
york
galveston
new
orleans
also
running
latter
city
havana
morgan
louisiana
texas
railroad
steamship
company
louisiana
western
railroad
leads
new
orleans
sabine
river
texas
new
orleans
railroad
leading
river
city
houston
galveston
harrisburg
san
antonio
railway
railroads
southern
pacific
company
owns
stock
extending
connection
latter
el
paso
rio
grande
river
san
francisco
railways
incorporated
separate
distinct
railway
officers
board
directors
southern
pacific
company
owns
per
cent
stock
per
cent
stock
terminal
company
two
latter
companies
president
galveston
harrisburg
san
antonio
railway
company
terminal
company
general
manager
import
export
traffic
passing
galveston
passes
wharves
terminal
company
track
facilities
traffic
owned
terminal
company
lands
galveston
harrisburg
san
antonio
railway
railway
physical
connection
tracks
terminal
company
switching
tracks
terminal
company
charging
per
car
latter
company
receives
trackage
charge
cents
per
car
terminal
company
owns
cars
locomotives
issues
bills
lading
owns
stock
railroads
corporations
southern
pacific
owns
stock
carries
wharfage
business
publishes
schedule
charges
business
however
filed
interstate
commerce
commission
charge
cents
per
ton
cottonseed
meal
cake
passing
docks
shown
wharfage
charge
tariffs
galveston
harrisburg
san
antonio
railway
company
railways
entering
galveston
tariffs
show
exception
made
docks
occupied
young
hereinafter
shown
fact
wharfage
charge
imposed
terminal
company
meal
cake
handled
dock
young
may
included
general
lease
contract
price
fixed
hereinafter
indicated
terminal
company
party
numerous
circulars
issued
southern
pacific
companies
known
route
termed
principally
advertising
purposes
circular
may
shows
terminal
charges
storage
switching
port
galveston
circulars
show
charge
one
cent
per
pounds
seed
cake
meal
terminal
company
property
two
piers
known
pier
pier
erected
facilities
handling
imported
exported
freight
freight
may
come
pass
wharves
abundant
land
water
upon
erect
piers
become
necessary
charges
fixed
wharfage
freight
passing
piers
vessels
berthed
thereat
galveston
wharf
company
affords
similar
public
wharfage
facilities
port
galveston
number
piers
facilities
galveston
wharf
company
destroyed
terminal
company
become
inadequate
handling
import
export
coastwise
business
ships
foreign
ports
coastwise
ships
southern
pacific
company
berth
piers
receive
deliver
freight
piers
terminal
company
carries
general
wharfage
business
building
pier
necessary
dredge
slip
west
ships
berth
order
soil
action
storm
wave
drift
slip
bulkhead
built
westward
slip
lands
terminal
company
lying
idle
useless
needed
pursuance
negotiations
young
company
proceeded
construct
pier
known
pier
use
young
erect
thereon
warehouse
shed
platform
use
original
construction
subsequent
enlargement
cost
company
time
pier
feet
wide
widest
part
feet
length
negotiations
terminated
lease
young
pay
terminal
company
yearly
rental
payable
monthly
day
november
agrees
route
shipments
cotton
seed
cottonseed
products
purchased
shipped
lines
said
terminal
company
connections
according
instructions
said
terminal
company
time
time
insist
upon
enforce
routing
except
enforcement
prevent
purchasing
products
obtaining
shipments
ready
move
immediately
cars
procured
routing
required
provided
however
young
shall
bound
provisions
rates
equal
lower
competing
lines
service
adequate
notice
given
lower
rates
service
option
meet
business
young
merchant
manufacturer
engaged
buying
selling
converting
cake
meal
account
took
possession
pier
improvements
erected
thereon
terminal
company
contract
latter
company
paying
price
stipulated
contract
placed
thereon
cake
sacking
grinding
machines
representing
investment
young
business
consists
buying
cake
interior
shipping
carloads
pier
grinding
meal
sacking
loading
steamships
berthed
pier
export
cake
passing
piers
pays
wharfage
cents
per
short
ton
young
pays
wharfage
storage
charge
may
included
rental
per
year
exporter
handles
meal
cake
pier
wharfage
cents
per
ton
paid
young
young
certain
advantages
reason
contract
terminal
company
enumerated
agreed
statement
facts
result
stated
follows
makes
sum
equal
cents
per
ton
receive
handled
export
product
methods
existence
established
plant
pier
adopted
method
business
follows
cents
per
ton
addition
ordinary
buying
selling
profit
times
pays
cake
competitors
afford
pay
times
undersell
european
markets
since
commenced
business
exporters
engaged
business
commenced
ceased
exporting
comparison
business
exporters
cottonseed
cake
shows
september
september
exported
tons
cake
amount
cotton
tons
products
producers
interior
mills
state
complain
young
able
dominate
texas
market
method
conducting
business
galveston
enables
command
foreign
trade
may
become
detriment
industry
young
might
acquire
monopoly
others
entertain
contrary
opinion
agree
general
establishment
plants
galveston
monopoly
acquired
great
benefit
industry
present
constructed
docks
galveston
wharf
company
terminal
company
structures
located
thereon
space
enough
furnish
exporters
business
galveston
space
erecting
machinery
handling
export
business
manner
done
young
proceeding
instituted
september
carl
eichenberg
exporter
cotton
seed
products
port
galveston
filing
complaint
petition
interstate
commerce
commission
southern
pacific
company
terminal
company
complaining
companies
arrangement
young
violating
act
regulate
commerce
giving
undue
unreasonable
preference
advantage
competitors
order
commission
galveston
harrisburg
san
antonio
railway
company
railroad
companies
entering
galveston
made
parties
defendant
answers
filed
full
hearing
commission
june
made
report
order
rehearing
asked
defendant
interstate
commerce
commission
young
made
party
proceedings
commission
appeared
testified
witness
terminal
company
counsel
present
hearing
testimony
taken
engaged
examination
witnesses
young
also
present
case
argued
submitted
maxwell
evarts
dillard
garwood
appellants
wade
ellis
luther
walter
appellees
statement
justice
mckenna
justice
mckenna
stating
facts
delivered
opinion
observed
order
commission
required
appellants
cease
desist
granting
young
alleged
undue
preference
period
less
two
years
september
subsequently
extended
november
hence
contended
order
commission
expired
case
thereby
become
moot
appeal
dismissed
said
number
times
decide
actual
controversies
pending
appeal
something
occurs
without
fault
defendant
renders
impossible
decision
favor
plaintiff
grant
effectual
relief
appeal
dismissed
jones
montague
ed
sup
richardson
mcchesney
decided
november
term
ed
sup
cases
acts
sought
enjoined
completely
executed
nothing
judgment
suits
entertained
affected
case
bar
comes
within
rule
announced
freight
asso
ed
sup
boise
city
irrig
land
clark
app
fed
case
bar
order
commission
may
extent
exact
extent
unnecessary
define
basis
proceedings
broader
consideration
question
involved
orders
interstate
commerce
commission
usually
continuing
manifestly
case
bar
considerations
might
defeated
shortterms
orders
capable
repetition
yet
evading
review
one
time
government
another
time
carriers
rights
determined
commission
without
chance
redress
freight
asso
supra
object
suit
obtain
judgment
legality
agreement
railroads
alleged
violation
sherman
law
case
bar
object
suit
declared
illegal
order
interstate
commerce
commission
case
attempt
defeat
purposes
suit
voluntary
dissolution
agreement
attempt
said
mere
dissolution
association
important
object
litigation
judgment
sought
upon
question
legality
agreement
carrying
association
formed
agreement
declared
illegal
asked
dissolve
association
named
bill
defendants
enjoined
future
private
parties
may
settle
controversies
time
rights
plaintiff
may
time
commencement
action
may
terminate
judgment
obtained
case
appeal
case
informed
facts
proceed
action
however
extinguishment
rights
whatever
public
enforcement
government
endeavored
procure
judgment
provisions
act
congress
recited
defendants
foreclose
rights
prevent
assertion
thereof
government
substantial
trustee
public
act
congress
action
taken
case
referring
agreement
one
claimed
government
illegal
said
question
government
right
bring
obtain
judgment
thereof
interests
passed
upon
public
character
involved
order
interstate
commerce
commission
case
bar
greater
necessity
continuing
jurisdiction
properly
attached
government
respondent
complainant
lessen
change
character
interests
involved
controversy
terminate
questions
boise
city
irrig
land
clark
supra
period
municipal
ordinance
fixed
water
rate
expired
pending
litigation
legality
contended
case
become
moot
replied
courts
entertained
decided
cases
heretofore
partly
rate
fixed
continues
force
changed
provided
law
partly
necessity
propriety
deciding
question
law
presented
might
serve
guide
municipal
body
called
upon
act
matter
motion
dismiss
denied
four
errors
assigned
action
circuit
dismissing
bill
complaint
interstate
commerce
commission
jurisdiction
terminal
company
common
carrier
therefore
subject
act
regulate
commerce
commission
power
authority
declare
lease
young
illegal
lease
constitute
unlawful
undue
preference
advantage
within
meaning
act
regulate
commerce
commission
order
assumed
control
intrastate
foreign
commerce
subject
act
regulate
commerce
two
facts
prominent
case
piers
terminal
company
facilities
import
export
traffic
port
galveston
arrangement
terminal
company
young
enabled
largely
rapidly
increase
business
exports
products
twice
competitiors
derives
therefrom
cents
per
ton
ordinary
buying
selling
profit
competitors
ceased
export
direct
advantage
young
manifest
direct
detriment
exporters
equally
manifest
situation
challenges
attention
appellants
find
nothing
natural
legal
result
sagacity
see
opportunity
profit
enterprise
avail
simple
matter
part
young
contended
bringing
business
ship
side
cutting
intervening
expenses
said
terminal
company
equally
lawful
inducement
idle
property
contended
absolute
control
turned
use
profit
arrangement
young
insisted
simple
exercise
ownership
elements
controversy
correctly
stated
justification
may
considered
made
appellants
make
much
title
assuming
absolute
assert
right
unrestrained
use
property
assertion
overlooks
underestimates
condition
expressed
deed
huntington
estate
terminal
company
ordinance
city
galveston
act
legislature
state
texas
condition
expressed
terminal
facilities
constructed
upon
property
use
southern
pacific
railroad
steamship
systems
act
legislature
declared
property
developed
shipping
transportation
purposes
shipping
facilities
port
galveston
thereby
improved
enlarged
order
better
accommodate
commerce
port
state
wharfage
charges
except
far
covered
freight
rates
subject
regulation
railroad
commission
state
clear
therefore
purpose
ordinance
act
confirming
secure
shipping
facilities
city
open
public
use
necessarily
property
terminal
railroad
steamship
system
may
contended
necessity
ordinance
purpose
valid
relinquishment
municipal
right
often
asserted
opening
streets
property
constructing
wharves
thereon
relinquishment
treated
valuable
huntington
pledged
property
public
use
consideration
said
use
also
condition
expressed
act
legislature
discharged
expenditure
erection
wharves
huntington
seems
contention
case
likeness
whatever
louisville
west
coast
naval
stores
ed
sup
latter
case
discrimination
west
coast
pany
railroad
company
preference
given
person
west
coast
company
privilege
using
wharves
railroad
company
shippers
given
asserted
privileges
asserted
privilege
using
wharf
purpose
transferring
goods
vessels
might
arrange
take
words
vessels
railroad
company
traffic
agreements
said
justice
peckham
brief
fact
seems
complaint
plaintiff
west
coast
company
defendant
railroad
company
permit
competing
vessels
make
use
wharf
purpose
competition
true
contention
wharf
public
one
contention
based
fact
wharf
built
foot
public
street
authority
city
pensacola
state
florida
fact
alone
considered
sufficient
support
contention
said
city
state
authorities
granting
right
erect
facilities
might
course
attached
conditions
thought
wise
absence
neither
public
plaintiff
owner
goods
right
state
facts
go
wharf
vessels
purpose
continuing
transportation
goods
competition
defendant
true
said
railroad
company
never
became
common
carrier
wharf
sense
bound
accord
public
west
coast
company
right
use
upon
payment
compensation
added
railroad
company
bound
carry
west
coast
company
goods
rails
led
wharf
purpose
upon
terms
order
might
others
contracted
forward
goods
beyond
line
said
west
coast
company
demanded
demanded
railroad
company
carry
goods
order
might
forward
vessels
selection
railroad
company
surrender
possession
enough
wharf
enable
company
weems
people
ed
sup
ann
cas
applicable
pending
controversy
contest
two
independent
lines
steamboats
one
claiming
right
use
wharves
ground
wharves
dedicated
public
fact
found
adversely
contention
claim
right
use
wharves
denied
review
reasoning
unnecessary
great
difference
competing
carriers
claiming
right
use
facilities
one
another
patrons
carrier
contending
equality
treatment
stating
assume
wharves
pending
case
instruments
common
carrier
however
denied
asserted
terminal
company
purely
wharfage
company
power
charter
act
common
carrier
contention
based
partial
view
condition
terminal
company
incorporated
execute
purposes
expressed
act
legislature
state
texas
construct
terminal
facilities
southern
pacific
railroad
steamship
systems
accommodate
export
import
traffic
galveston
necessarily
instrumentalities
traffic
wharves
piers
essential
steamships
railroads
fact
intended
charter
authorization
parts
system
track
facilities
movement
cars
ships
tracks
southern
pacific
railway
nal
company
lands
owned
tracks
galveston
harrisburg
san
antonio
railway
switches
cars
railroads
charging
per
car
terminal
company
receives
trackage
charge
cents
per
car
true
terminal
company
wharfage
business
publishes
schedule
charges
filed
interstate
commerce
commission
shows
charge
cents
ton
cake
meal
appears
wharfage
charge
tariffs
galveston
harrisburg
san
antonio
railway
company
railways
entering
city
galveston
besides
terminal
company
party
numerous
circulars
issued
southern
pacific
railway
company
effective
may
filed
interstate
commerce
commission
circulars
gave
terminal
charges
port
galveston
charge
meal
cake
given
cent
per
pounds
shipments
bills
lading
include
freight
rate
wharfage
charge
another
important
fact
control
properties
southern
pacific
company
stock
ownership
separation
companies
regard
charters
union
regard
control
operation
southern
pacific
company
control
operation
important
facts
shippers
consequence
mere
charter
declaration
terminal
company
wharfage
company
southern
pacific
holding
company
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declarations
alter
facts
control
operation
southern
pacific
company
railroads
terminal
company
system
necessary
parts
terminal
company
well
railroad
companies
said
interstate
commerce
commission
terminal
company
organized
furnish
terminal
facilities
system
port
galveston
said
shipments
railroad
lines
points
different
union
pass
repass
docks
terminal
company
forms
link
chain
transportation
necessary
complete
avenue
move
shipments
lines
owned
single
corporation
unity
railroad
lines
terminal
facilities
recognized
lease
young
agrees
route
shipments
lines
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company
connections
according
instructions
said
terminal
company
time
time
provision
made
possibility
lines
bidding
traffic
lower
rates
event
must
give
notice
terminal
company
give
option
meeting
proposed
rates
company
divert
shipments
shall
abide
provisions
agreement
surely
system
constituted
used
instrument
interstate
commerce
may
escape
regulation
one
constituents
wharfage
company
dominating
power
holding
company
well
said
interstate
commerce
commission
corporation
terminal
company
lines
permitted
defeat
jurisdiction
commission
showing
fact
owned
railroad
company
terminal
company
part
parcel
system
engaged
transportation
commerce
extent
commerce
interstate
commission
jurisdiction
supervise
control
within
statutory
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hold
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permit
carriers
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organization
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corporations
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authority
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commission
justified
statute
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term
bridges
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used
operated
connection
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roads
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corporation
operating
railroad
whether
owned
operated
contract
agreement
lease
shall
also
include
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facilities
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kind
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property
designated
herein
also
freight
depots
yards
grounds
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delivery
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property
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terminal
company
transportation
delivery
interstate
foreign
freight
transported
lines
southern
pacific
system
terminal
freight
moving
lines
system
rails
one
lines
galveston
harrisburg
san
antonio
railway
company
connecting
tracks
upon
docks
terminal
company
latter
collects
trackage
charge
former
switching
charge
terminal
company
quote
commission
incidents
separate
corporations
opposition
views
appellants
urge
legal
individuality
different
railroads
terminal
company
cite
cases
establish
contended
stock
ownership
simply
holding
company
identify
concerned
combat
proposition
record
present
case
stock
ownership
merely
holding
company
content
hold
presents
case
already
said
one
actively
managing
uniting
railroads
terminal
company
organized
system
system
law
must
deal
elements
elements
may
indeed
regarded
standpoints
legal
entities
may
sense
separate
corporate
operation
directed
paramount
combining
power
made
single
transactions
treated
single
ordinance
city
galveston
act
legislature
state
public
circulars
lease
young
system
dealt
separate
links
seen
terminal
facilities
terminal
company
authorized
maintain
system
corporate
elements
considered
separately
next
contended
lease
young
facts
proven
constitute
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undue
preference
interstate
commerce
act
certain
extent
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contention
absolute
advantage
young
denied
facility
enabled
acquire
practically
export
products
must
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advantage
shippers
receive
seem
proclaim
power
working
benefit
working
others
yet
urged
contrariety
opinion
among
producers
whether
young
able
dominate
texas
market
command
foreign
trade
facts
think
put
matter
beyond
conjecture
opinion
demonstrate
potency
situation
preference
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denied
urged
agreed
statement
facts
producers
general
establishment
plants
galveston
monopoly
acquired
young
great
benefit
industry
also
agreed
neither
galveston
wharf
company
terminal
company
space
enough
afford
facilities
exporters
business
galveston
young
commission
found
practical
matter
shippers
given
facilities
conditions
granted
cilities
secured
bay
front
found
terminal
company
indicated
willing
accord
shippers
generally
facilities
situation
docks
respect
space
generally
facilities
situation
willing
may
contended
patrons
railroad
obliged
seek
compete
extraordinary
facilities
terminals
may
shippers
must
treated
alike
appellants
bring
forward
argument
support
contention
consideration
advance
support
first
contention
wit
right
owner
property
make
lease
property
subject
limitation
shall
interference
use
adjacent
navigable
waters
seem
argument
force
extend
rights
ownership
used
well
unused
property
exercised
form
preference
even
exclusion
shippers
wharves
however
appellants
press
argument
far
need
dwell
upon
add
terminal
facilities
contemplated
ordinance
city
galveston
act
legislature
texas
confirming
public
terminal
facilities
might
granted
withheld
preferences
discriminations
last
contention
advanced
order
commission
transcends
jurisdiction
regulates
commerce
purely
state
intrastate
also
purely
foreign
commerce
neither
subject
authority
support
contention
insisted
evidence
shows
following
facts
cake
meal
purchased
young
bought
texas
oklahoma
louisiana
arkansas
chiefly
texas
shipped
bills
lading
way
bills
showing
point
origin
destination
galveston
purchases
made
export
consumption
products
galveston
sales
foreign
countries
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immediate
sometimes
future
delivery
irrespective
whether
product
hand
galveston
times
hand
times
therefore
orders
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filled
cake
purchased
interior
transit
cake
reaches
galveston
ground
meal
sacked
young
meal
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ground
meal
brought
customers
takes
ships
bills
lading
made
order
evidence
establishes
appellants
contend
transit
cake
meal
absolutely
ended
leased
premises
galveston
final
point
concentration
manufacture
seed
cake
manufactured
meal
sacked
export
distinguish
meal
cake
meal
purchased
points
outside
texas
directly
exported
purchased
manufactured
wharves
terminal
company
take
account
fact
wharves
intended
shipping
facilities
means
transition
land
carriage
water
carriage
manifest
said
make
wharves
manufacturing
concentrating
points
one
shipper
give
shipper
preference
preference
traffic
necessarily
comes
jurisdiction
interstate
commerce
commission
words
manufacture
concentration
wharves
terminal
company
incidents
circumstances
presented
record
transhipment
products
export
trade
regulation
within
power
interstate
commerce
commission
hold
otherwise
disregard
commission
said
substance
things
make
evasions
act
congress
quite
easy
makes
difference
therefore
shipments
products
made
bills
lading
whether
initial
point
galveston
place
texas
destined
export
delivery
galveston
harrisburg
san
antonio
railway
must
considered
delivered
carrier
transportation
foreign
destination
terminal
company
part
railway
purpose
case
therefore
comes
coe
errol
ed
sup
said
goods
interstate
necessarily
well
foreign
commerce
started
course
transportation
another
state
delivered
carrier
transportation
gulf
texas
ed
sup
facts
different
case
apposite
decree
affirmed
footnotes
comp