*1
Tex.)
RY.
G. N.
00. v. ANDERSON COUNTY
INTERNATIONAL
issue,
change
location,
it cannot
even
original
incorporation.
place designated
charter
in the act of
RY. CO.
& G. N.
al.†
ANDERSON COUNTY et
cases,
Railroads,
[Ed. Note.—For other
see
1351.)
(No.
Dig.
94;
Dig.
Cent.
§
<©=336.]
Dec.
(Court
Appeals
Texarkana.
of Texas.
of Civil
<@=>36
5. Railroads
General
—Location
Opinion,
Supplemental
22, 1915.
Jan.
Offices, Shops, and Roundhouses —Con-
11, 1915.)
Feb.
Validity.
tracts —
Property
—
<@=>194
6423,
A
Sale
contract
Railboads
within Rev. St.
art.
1.
requiring every
company
of Gener-
Franchise —Maintenance
railroad
to maintain
general offices,
shops,
al
its
Office.
machine
and round-
corporation organized
places
A
houses at such
ed
as
railroad
it shall have contract-
authorizing
purchas-
6625,
and
keep them,
and round-
St.
a
a valuable
Rev.
er
art.
consideration to
property
offices, shops,
a railroad and that
franchises of
debts,
corpora-
county
company,
pay
a
to form
houses located on its line in a
sold to
which has
relating
by
tion,
6405-6416,
aided
a
lo-
under articles
issue in consideration of the
bond
acquire, cation,
incorporation
companies,
removed,
of railroad
shall not be
must be a contract
purchased,
maintain,
operate
the road so
authorized
thorized contract
a
an unau-
railroad
adopted
to be con-
were the road intended
such road
or ratified
it.
subject
corporation, etc.,
structed
cases,
Railroads,
[Ed. Note.—For other
see
6423, regulating
location
railroads
article
Dig.
94;
Dig. <@=>36.]
Cent.
§
Dec.
of their offices.
<@=>36
6. Railroads
of General
—Location
cases,
Railroads,
[Ed. Note.—For other
see
Offices, Shops, and
<@=>194.
Roundhouses —Con-
Dig.
Dig.
643-655;
§§
Cent.
Dec.
J
Validity.
tracts —
<@=>129
justify
finding
Railboads
of Offices
2.
Evidence held
—Location
a
a
—Statutory
company
contract for
of its
houses
Provisions.
the location
a railroad
every
offices,
requiring
shops,
machine
and round-
Rev. St.
art.
permanently
county
company
its
consideration of
maintain
aid
a
bond
railroad
general
named
the
cate
knowledge
place
ap-
issue was made with
offices within the state
proval
charter,
named,
directors,
the board
and if not so
and hence
binding
company.
place
on the
to lo-
have contracted
where
shall
its ma-
offices and to maintain
cases,
Railroads,
[Ed. Note.—For other
see
place
at such
chine
and roundhouses
Dig.
94;
<@=>36.]
Dig.
Cent.
§
Dec.
may
keep them, for a valuable con-
<@=3154^-Aid
changing
place
received, prohibits
7. Counties
sideration
of the
Construction
shops,
general offices,
round-
machine
Railroads — Elections.
definitely located,
houses,
a
authorizing
county
cor-
when once
Under the statute
a
poration
purchaser
property
railroad,
pro-
formed
a
aid
the construction
aof
viding
which had defi-
franchises of a
the order of the
court
the elec-
general office,
shops,
nitely
county
located its
tion to
determine whether
aid
shall
subject
roundhouses,
prohibition.
shall be entered on the minutes and shall state
language
proposi-
Railroads,
concise
the nature of
cases,
[Ed. Note.—For other
see
aid,
require
Dig.
tion
the amount of
399-403;
Dig.
does
Dec.
Cent.
<@=>129.]
§§
that
the
pany
the order shall state all
the terms which
agents
county
and the railroad com-
Incorporation
—
agreed on,
3. Railroads
<©=3144
either as to work or ex-
Railroads — Location of General Offices.
done,
tent of construction to be
and there is no
chartering
making independent specific stipu-
I.
Where
Railroad limitation on
Company provided
principal
lations,
parties may
proper,
office
deem
as to
point
line
should
of road
established at such
on the
the extent of construction work.
might
convenient,
be deemed most
cases,
Counties,
[Ed. Note.—For other
see
might
time,
and
act
be moved from time to
and an
Dig.
228-240;
Dig. <@=>154.]
Cent.
§§
Dec.
chartering
company, fixed
the H. railroad
—
place
<@=>35
H. as the
for the
office and the 8. Railroads.
Aid in “Construc-
consolidated,
railroads were
two
which consoli-
tion” of Railroads.
recognized by
Legislature,
dation was
The “construction” of
railroad
within the
the consolidated
could estab-
valid;
authorizing county
statute
tion thereof
aid
the construc-
H.,
lish its
office at
or at such
may
include the
location
might
on the
convenient,
line of its road as
deemed most shops, and roundhouses.
might
move its office from time
cases,
Railroads,
[Ed. Note.—For other
see
time,
6423, requir-
to
ing
within the state.
Rev. St.
art.
Dig.
75, 77, 78, 88-93;
Dig.
Cent.
§§
Dec.
<©=>
companies
railroad
to maintain their offices
35.
definitions,
Phrases,
For other
see
Words
cases,
Railroads,
[Ed. Note.—For other
see
Series, Construct.]
First and Second
Dig.
392, 393, 451-455;
Dig.
Cent.
§§
Dec.
<©=>
<@=>154 County
144.]
Aid
9. Counties
—
Rail-
roads —“Donation.”
Incorporation
—
<@=36
Railroads
The word “donation” in the statute author-
Railroads —Location of General Offices.
izing
county
to aid in the construction
aof
provision
in Rev. St.
art.
railroad,
donation
taking stock, making
loan,
that railroads shall maintain their
offi-
gift
mean an
does not
absolute
without
ces,
such any
consideration,,
condition or
but a
place
they
keep
have contracted to
them for aiding
in the construction of a consideration,
a valuable
and if
are located
therefor,
donation
such as
at a
chine
receive
consideration
on the line of road in a
aided
has
by
of its
the location
the railroad
by a
bond issue
consideration of such loca-
designated place
general offices,
ma-
tion,
the
its
changed,
location
shall not be
modifies
and roundhouses.
provision requiring every company
cases,
Counties,
[Ed. Note.—For other
see
place
charter,
at the
named in its
<@=>154.
Dig.
228-240;
Dig.
§§
Cent.
Dec.
a railroad
must maintain its offices at
charter,
Phrases,
named
but if located
see Words
For
definitions;
Series,
line in
consideration of
aid
Donation.]
First and Second
bond
topic
Key-NumberedDigests
other cases see same
KEY-NUMBER
Indexes
®=>For
securing
appurtenant prop-
San An- the
a loan
sale of said railroad and
$42,000, erty,
principal
franchises,
equipment
tonio
and
for
subject
1,
Station in
sum
and en-
made
subject
equipment
approving
lien on certain
tered a final
also
to a
order
decree
report
$392,650,
making
final
and also
sum
the master commissioner
mortgage,
sale,
confirming
conveyance
March said
of date
the lien
his
deed
1892, securing
sum of to
International & Great Northern Rail-
subject way Company,
$2,066,052.50,
interest,
discharg-
finally
and also
besides
and forever and
ing
subsisting judgment
railroads,
properties
franchises,
to a
and decree
valid
foreclosure, against
International
Great Northern Rail-
Company
possession,
lien
custody,
Northern Railroad
mortgage,
$12,165,545.60,
road
from the
15, 1881,
the sum of
dated
control of said
June
court.
cent,
per
per
(29)
Jr.,
annum in-
Nicodemus,
That
the said Frank C.
judgment
May
knowledge
said
had full
terest
and actual
notice
pleaded,
every right
said rail-
decree of
roads,
property
sold
foreclosure
herein
facts
providing
franchises, equipment,
asserted, prior
the other
herein
to the time that he
bid
Railroad,
of said r&ilroad'
the International & Great Northern
mortgage
subject
appurtenant
of date
property,
to the
with
equipment,
lien
franchises'
subject
1, 1S79,
lien
also
November
and the defendant has had such
-
mortgage securing
knowledge
river
notice,
of the
bridge bonds,
mortgage securing
Colorado
said
actual
its
from the
time
subject
organization
present
lien of
time. That
plaintiffs gave formal,
An-
loan
the San
said
written notice of the
subject
Station,
alleged
to the lien
pur-
tonio
and also
causes of action herein
unto said
providing
equipment,
bidding
said
said
chaser in advance of his
for said rail-
equipment,
prop-
railroads, franchises,
erty
mortgage
trustee,
1892,
of
appurtenant
and other
property, franchises,
road and
subject
equipment,
lien
compliance
of said
should be sold
and in advance of
though
1, 1892,
bid,
ready
verify.
plaintiffs
March
of date
his
and this
mortgage
(30)
of date March
under the
That since the Houston & Great North-
party
judgment
and decree
agreed
to said
though
ern Railroad
contracted and
trustee,
foreclosure,
locate, keep,
offices,
and maintain the
mortgage
shops,
said
holders of the bonds secured
machine
judg-
said
city
of
ment and foreclosure.
were bound
date March
<&Great Northern Railroad at the
of Pales-
tine,
since
road
received,
for a valuable consideration
franchises,
(25)
equip-
railroads,
That
said
the International
Rail-
property
ment,
&
agreed
and other
locate,
contracted and
keep,
sold
offices,
and maintain the
appointed by
a master commissioner
and roundhouses of
the International
judgment
court,
and decree
aforesaid
Great Northern Railroad at the
of Pales-
June, 1911,
foreclosure,
tine,
of
when one Frank
on the 13th
received,
for a
consideration
valuable
and
and
Jr.,
Nicodemus,
of New
C.
since the
railroads,
purchased
York,
fran-
bid in
roundhouses of the Houston & Great Northern
property
equipment
chises,
and other
Railroad and of the International & Great
*18
price
$12,645,000,
city
and the bid
the
and
of
sum
Northern Railroad have been located at the
Nicodemus, Jr.,
Palestine,
was there-
county, Tex.,
of said Frank C.
of
county
ern
in Anderson
which
1911, duly accepted
after,
firmed
decree
and con-
June
has aided said Houston & Great North-
judgment
by
of
rendering
the court
and
said
and said International & Great
Railroad, by
bonds,
foreclosure.
an
Northern
of
issue
(26)
thereafter,
about
the 10th
made,
That
of
sideration
since
such location
and
day August, 1911,
the said Frank C. Nicode-
of
was
no certain
named
the charter
associates,
Jr.,
mus,
filed
and certain nominal
of the International & Great Northern Rail-
Secretary
the
general
of
of
state
office of the
State
the
of Texas a
tion,
road
where its
offices should
corpora-
forming a
maintained,
Texas,
certain
charter
and
day
be located
laws
the
of
chapter
of
of Title
September,
article 4550
on the 1st
of
and contin-
Texas,
uously
present
Statutes of
time, imposed,
94 of the Revised Civil
the
afterwards to
Texas,
Legislature
impose, upon
of
the act of the
amended
and do now
the
International
approved September
the “International
Railway
perform-
of
under the name
Great Northern
the
Railway
public
inuring
statutory duty,
& Great Northern
ance of the
to
and
purpose
acquiring,
Company,”
special
plaintiffs’
benefit,
keep
of
own-
for the
and main-
operating
maintaining,
ing,
general offices,
and
the railroads
shops,
tain the
machine
and
forming
the International
Great
theretofore
of
International
roundhouses
& Great North-
capital
Railroad,
city
an authorized
Northern
with
at the
of
ern Railroad
Ander-
115,000
$11,500,000,
by general
county;
Texas,
divided into
of
stock
son
and
state of
each,
par
shares,
law, expressly
prohibited,
which
$100
of
of
of the
value
forbade and
and still
preferred
50,000
any
prohibits,
change,
stock and
should he
should
shares
from the
forbids and
said
stock,
general
65,000
thereby
& Great
offices,
be common
and
city,
in the
of
shares
location
said
shops,
created
defendant International
was
and roundhouses.
That
Railway Company.
Northern
& Great Northern
International
Railroad Com-
subsequent
filing
pany, prior
property,
was
(27)
to the
-of said
of
its railroad and
That
sale
other
day
Sep-
Nic-
charter,
contract,
the 13th
of
on or about
was not
and
bound
duty
purchaser,
by general law,
part
tember, 1911,
Frank C.
said
as a
of
bound
enjoyment
complied
$12,645,-
coupled
public,
odemus, Jr.,
000 for said
thereupon,
accordance
bid of
with his
with the
of its
to
corporate franchises,
general offices,
property,
and
and other
railroads
maintain the
and
purchaser,
and in
of said
and
direction
assignment
bid,
city
of his
and
and
an
of
and
with
of said railroad
decreeing
court,
regulation
approval
duty
of the
and
of its franchises
such
with
could
forming
not, impaired
sale,
be,
discharged
confirming
the railroads
was
and
nor
Railroad,
railroad,
appurtenant
and
& Great Northern
with
sale
said
International
all
the
property
of
franchises,
equip-
property,
franchises,
organization
appurtenant
and
and
and
commissioner,
ment, by
veyed
operate
master
were con-
said
of defendant to
railroad under
said
said
corporation,
the defendant
unto
new
said
franchises.
Railway
general offices,
(31)
& Com-
That
maintained
International
pany.
operation
city
&
in said
for
the International
Great North-
That
of
of the
joined
convey-
& Great Northern
International
ern
(whether
receivers),
ance,
of said sale.
in confirmation
for
day
day
years prior
September, 1911,
thereafter,
Sep-
(28)
of
25th
of
1st
That
decreeing
president, secretary,
ordering
of
tember,
included that
vice
treas-
and
court
REPORTER
174 SOUTHWESTERN
freight agent, general
general
general
urer, auditor,
of defendant’s
officers and
sub-
their
general pas-
superintendent,
during
general
pendency
manager,
ordinates from
Palestine
super-
senger
great
agent,
engineer,
irreparable,
this
would
ticket
chief
suit
be
to defendant of
and
and
power
machinery,
restoring
mas- trouble
cost
motive
and
and
such
intendent of
transportation,
officers,
ords,
siderable
subordinates, books,
mechanic,
fuel
master
with their
and rec-
ter
agent,
agent.
slight
general
would be so
and incon-
claim
and
disregard
(32)
as to
from
be trivial —the transfer
in willful
That
open
obligations
grant
the
plaintiffs,
fla-
and
and
Palestine to
been
unto
effected
Texas,
hours,
railroad,
a
by
of the
of
Northern
few
over
defendant’s own
violation
laws
thei
defendant,
means
the re-
accom-
Great
of defendant’s own trains —and
easily
cheaply
Railway
September,
the 1st
turn could be as
on or about
change
plished.
i
the loca-
undertook
except
(38)
general offices,
of su-
That said
transferred
and
officerswere
tion of all its
perintendent
and
Palestine to
dertook to establish
machinery
notice,
Houston,
knowledge
to
upon
with
actual
motive
city
defendant,
mechanic,
from the
suit
this
master
that of
applica-
city
Houston, Tex.,
promptly brought,
un-
and that
important general
peremptory injunction,
would be made for a
the most
tion
to
manager
ot
ma-
the state
restore
status of said
office
Texas,
traffic
without
of its
roundhouses,
they
Orleans,
city
state chine
existed
in the
New
in
accomplish
seeking
controversy
plaintiffs
and,
Louisiana;
when the
arose between
location,
changes,
vice
their
has caused the
and defendant
the defendant
years.
general manager, secretary,
president
treas-
had existed for more than 30
status
pre-
plaintiffs’ original petition
(39)
freight agent,
urer, auditor,
That
possible
general passenger
mo-
superintendent,
agent,
fuel
respective subordinates,
tion
Railroad,
ticket sented to the court at the earliest
through
possessed,
plaintiffs
transportation,
engineer,
ment
exercising
became
after
master
chief
diligence,
agent,
knowl-
agent,
their
utmost
actual
with
claim
pe-
edge
tition.
alleged
opera-
engaged
as to the material facts
said
remedy
city
Houston,
plaintiffs
adequate
(40)
no
to remove to the
That
have
upon
injuries
county, Tex.,
wrongs
so-
to there establish
at law
them
wrongs
inflicted
Harris
respec-
prevent
grievous
general offices,
by defendants,
which
nor to
called
tive duties
injuries
they
performed;
threat-
and the defendant
which
are
are
way
manager
defendant,
Inter-
in no
can
has'
national & the traffic
ened
caused
remedy
together
adequate
Railroad,
plaintiffs
any complete
injuries already
wrongs
subordinates,
suffered
office
to establish
with his
prevent
La.,
them,
threatened,
tion.
Orleans,
are
duties
nor to
those
from where
New
injunc-
performed.
save means
writ
plaintiffs
(33)
advised that
That
change
purpose
(41)
Gardner,
judge
Hon.
of the
of the
That
B. H.
had declared the
defendant (cid:127)
judge
judicial
Texas,
city
the location of
of Palestine
of
Third
district court of Anderson
district
from the
general
power
chanic,
chine
as
county, Tex.,
superintendent
motive
when
court,
machinery,
me-
of said master
was filed in said
was one
this suit
change
ma-
in whose behalf
location
citizens
this suit
railroad,
brought,
the owner
and roundhouses
immediately upon
city,
operated,
property
actually
in-
he was
the father
in said
also
Sewell,
plaintiff
suit,
R.
of a like of
or of
suit
the wife
O.
stitution of
judge
disqualified
and to
nature;
said
make
afore- hence said
to hear
defendant will
temporary
plaintiffs’ application
law,
changes,
in-
unless act
further violation
injunc-
junction,
prevented by
tion.
or to make
orders herein.
restraint
the writ
plaintiffs applied
(42)
honor-
Wherefore
acting
That,
judge
(34)
faith and credit
coun-
able
ty,
of the district court of Cherokee
*19
agreements
plead-
Tex.,
who,
day
February, 1912,
hereinbefore
and
contracts
on the 7th
of
the
plaintiffs
thereon,
injunction
issue,
ed,
have
the
reliance
writ
in
ordered a
of
command-
and
city
rights
acquired property
ing
Pales-
of
North-
the defendant International & Great
many
Railway Company
of
of dol-
hundreds
thousands
tine
lars.
ern
desist and refrain from
worth
changing
shops
the location of the machine
and
irreparably
plaintiffs
(35)
dam-
been
have
of
Great North-
That
the International &
gen-
Railroad,
defendant,
aged by
operated
Palestine transfer from
ern
the
from
numbering-
subordinates,
city
Palestine,
officers, and their
of
and to desist and refrain
eral
the
from
pay
men,
changing
general
of
roll
with
estimated
the location of the
some 250
n
greatly
having
annually,
superintendent
power
$250,000
such removal
of
of motive
and ma-
city
chinery,
engaged
mechanic,
in said
and
of business
in
volume
and
master
reduced the
property
materially depreciated
operation
estine,
and served
city
having
railroad,
all
val-
said
of Pal-
of
already
damage,
injunction
duly
therein,
amount-
brought,
and
which
of
ues
writ
issued'
$100,000
defendant,
injunction,
ing
has continued
and increase
this
when
suit was
on
and
which
over
increased,
foregoing acts,
and will continue in
and
so far
commands the
of said officers and
until the return
still in full force and effect.
rightful
plaintiffs
(43) And,
pray,
having
their
location.
their subordinates
the defendant
(36)
answered,
proof,
main-
cease to
That should the defendant
that
will
the court
hear
and
operate
plaintiffs may
judgment, establishing
said
round-
machine
and
tain and
that
have
general
superin-
agreements
pleaded,
offices of said
houses and the
and
the contracts
herein
and
machinery
public duty
judgment enforcing
and
and
motive
tendent of
for
of de-
city
Palestine,
mechanic,
keep
of
master
their
and
fendant to forever
offices,
city
maintain its
pay
far in
of that of
annual
roll
excess
and roundhouses at the
general offices,
Palestine,
plaintiffs may
as threatened
de>-
removed
of
and
that
destroy
fendant,
depreciate judgment
temporary injunction, granted
action would
property
aforesaid,
plaintiffs’
perpetual,
to an amount far in excess as
be made
man-
and for a
injunction
dollars,
imperil
datory
commanding
of half a million
largely
ests
and would
and
defendant
to at
property
keeping
and
sacrifice
business inter- once desist and refrain from
or main-
city,
way taining any
general offices,
of
and
there would
no
other
said
be
in connection
injury
resulting
operation
to
compensation therefor,
measure
nor
make with the
of
said
damages
city
and the
than the
thus
of
and command-
irreparable,
ing
requiring
be inestimable and
sustained would
and
the defendant
and
plaintiffs
ready
verify.
opera-
are
the
and
all
this
maintain
offices for the
(cid:127)
damages
city
(37)
which
That
would be tion
said railroad
of
of
at the
while
by plaintiffs by
relief,
gen-
special
sustained
continued absence
all other and further
for
Tex.)
N.G.
RY. 00. v. ANDERSON COUNTY
Hon,
judicial
plaintiffs
Davis, judge
equity,
eral,
A. E.
of
First
to which
and in
law
presiding
judge
justly
Texas,
rightly
district
trict
dis-
of
entitled.
be
Greenwood,
county, Tex.,
of
court
Cherokee
he
A. G.
Strickland,
exchanged
Guinn,
Campbell,
districts with Hon. Lee D.
Sewell
judge
Greenwood,
judicial
Texas,
of the Second
B.
district
Thos.
holding
Box,
Rusk,
court at
C.
instead
the said
Jno.
R.
John B.
Guinn,
Watkins,
expedi-
Pión.
ent
D.
this
O.
deemed
Lee
judges.
Guinn,
both of said
day
Perkins,
January,
And
on
now
this the
Perkins
7th
plea
juris-
Attorneys
hearing
on
Plaintiffs.
c.sme
to the
plea
diction
and the
abatement contained
Texas, County
Anderson.
State
original answer,
first
to-
defendant’s
amended
solemnly
I
I,
swear that
A.
do
Wright,
Geo.
gether
replication
thereto contained
petition,
foregoing
plaintiffs in
one of
am
plaintiffs’
supplemental petition,
first
when
contained
and statements
and that
said
the facts
plaintiffs
defendant,
attorneys,
their
my knowledge
petition
be-
are true to
agreed
termine
pass upon
hat
court
and de-
should
of,
lief,
behalf
I
affidavit in
that make this
presented by
plea
issues
said
petition
coplaintiffs
agent for, my
said
and as
jurisdiction
lication
plea
rep-
in abatement and said
Wright.
myself.
A.
Geo.
jury,
court,
without a
after
A.
me Geo.
to before
Subscribed and sworn
considering
plea
jurisdiction
said
December,
day
Wright,
19th
this the
plea
abatement,
replication thereto,
and the
McCain,
T.
[L.
E.
S.]
plea
thereon,
and the evidence
finds
said
Court
of the District
Clerk
jurisdiction
plea
should
abatement
County, Texas.
sustained;
not be
and it
therefore ordered
plea
and decreed
the court that
Texas, County of Anderson.
The State of
jurisdiction
plea
in abatement contain-
solemnly
I,
Reagan, do
Ford
Mrs. Mollie
original
ined
defendant’s first amended
answer
Judge
H.
I
John
am the widow
swear that
Reagan,
that was
Judge
about the
be,
hereby, overruled,
and the same are
to which
Tex.;
formerly
of Anderson
ruling
duly excepted.
of the court the defendant
present
myself and
I
at the home of
And,
day
general
January,
now on this the 7th
husband,
my
Reagan,
John H.
then
on
came on to be heard the
demurrer
day March,
Ga-
15th
when
special exceptions
and the IS
contained in de-
acting
Grow,
lusha
behalf
Houston.
original
plain-
first
fendant’s
amended
answer to
& Great Northern Railroad
to
offered
original petition,
tiff’s first amended
and the
petition,
extend the line of the Houston
court, having carefully
considered said
know,
I
Railroad to
special excep-
and said
demurrer and
my
personal knowledge,
own
that as
considera-
tions,
and
finds that said
demurrer and each
tion for the bond issue desired from Anderson
special exceptions
said
county by
company,
said
aid
the construc- sustained,
therefore
ordered
railroad,
through
tion
Pres-
court
demurrer
and each and
Grow,
city
unto
ident
of
offered
the citizens
special exceptions be,
all of said
and the same
represented by Judge Reagan,
then
hereby, overruled,
findings
to which
establish,
to locate and
maintain,
roundhouses
Railroad,
plaintiff
thereafter forever
rulings
duly excepted.-
court the defendant
general offices,
day
January,
And now
this the 8th
the Houston & Great Northern 1914, the above entitled and numbered cause
Palestine;
regularly
trial,
plain-
called for
when the
Wright
present
Geo. A.
when said
appeared by
attorneys
tiffs
ready
their
and announced
made;
I
offer was
ments of
that
believe all of the aver-
trial,
appeared by
and the defendant
foregoing petition
true;
attorneys
ready
trial,
and announced
plain-
this affidavit is made in behalf
thereupon
jury
good
men,
came a
M.
and lawful
petition.
tiffs in said
wit,
Meador, foreman,
others,
to
to whom
and 11
J.
Reagan.
Mrs. Mollie Ford
sep-
submitted
seven distinct and
me, by
Subscribed and sworn to before
Mrs.
questions,
duly
after
arate
had
im-
been
Reagan,
day
Mollie Ford
19th
of De- paneled
sworn,
questions
to which'
after
cember, 1913.
hearing
argument
pleadings, evidence,
McCain,
[L. S.]
T.E.
counsel,
jury
court,
and instructions of
Clerk
Court of Anderson
District
January, 1914,
on this
17th
return-
County, Texas.
open court,
oaths,
into
dis-
ed
seven
duly
separate answers,
writing,
Texas, County
tinct and
State
of Anderson.
signed by
foreman,
questions
I,
Ozment,
J. W.
do swear
I am
one of
follows,
answers were as
to wit:
*20
plaintiffs
foregoing petition;
the
in the
I
that
you
pre-
“Question
Do
No. 1:
find from the
party
agreement
awas
to the contract and
her ponderance of the
&
evidence that the Houston
tween the citizens of
the
Palestine and
Interna-
by
acting
Company,
Great Northern Railroad
Company,
tional & Great Northern Railroad
president,
Grow,
A.
its
Galusha
on or about
year 1875,
or about the first of the
and that the
day
March,
the 15th
of
contracted and
petition
averments of said
relative
said con-
by
agreed,
Palestine, acting
with the citizens of
agreement
compliance
tract and
and relative to
Reagan,
John H.
to extend its line of railroad
by
Palestine,
therewith
the citizens of
to the sat-
the
Railroad at Pal-
intersect
company,
true;
isfaction of said
are
and I make
depot
estine,
to establish a
and
within a half
of,
agent for, my
this affidavit in behalf
and as
Palestine,
mile of
courthouse at
the
and to com-
coplaintiffs
petition
myself.
in said
and for
running
regularly
by July
mence
cars
thereto
J. W. Ozment.
thereupon
1, 1873, and to
locate and forever
me, by
Subscribed and sworn to before
J. W.
general offices,
the
thereafter maintain
Ozment,
day December,
on the
of
19th
1913.
shops,
Northern
of
and roundhouses
the Houston & Great
S.]
E. T. McCain.
TL.
city
Railroad,
Palestine,
at
of
the
Clerk of the District Court of Anderson
agreement (if any),
of
in consideration
an
and
County, Texas.
by
Reagan,
thorough
to make a
John H.
can-
county,
Judgment.
of Anderson
to induce the
vass
electors
that
to authorize the issuance
in-
of
of
County
Ry.
Anderson
et al. v. I. & N.G.
Co.
terest-bearing
prin-
of
bonds
the
in the
No. 6415.
$150,000,
cipal
of
sum
further
January 17,
Filed
that Anderson
on author-
consideration
ization of its
pages
M,
electors,
in volume
Recorded
191-194.
issue and deliver
January,
bonds,
On this
7th
of
sum
aforesaid?
its
An-
question
above-entitled cause came on to be heard before
No. 1: Yes.
swer
REPORTER
174 SOUTHWESTERN
n “Question
ployés
families,
the-pre-
you
and
and
of
and their
find from
said
2: Do
No.
especially by general officers,
ponderance
ty,
their families
coun-
that
evidence
question
?
electors,
clerks
Tes.
Answer
4:
on authorization of
issued
its
pre-
you
“Question
from
No. 5: Do
find
&
Northern
delivered
the Houston
Great
ponderance
citizens
Company
that
in
the evidence
its
bonds
Railroad
interest-bearing
year
early
year
did,
part
$150,000,
Palestine
1875 and within 12 months from
in
the
from the
sum
agreement
the date
date of
contract and
you
said
question
the contract
certain citizens
between
mentioned in
if
find there
No.
city
any
Judge
agreement;
and the International &
such contract and
was),
Company (if
thorough
Reagan
there
Railroad
such contract
H.
that
made
John
complete,
con-
to be
or cause
construct and
of Anderson
the elec-
Houston
canvass
induce
completed,
bonds,
and
and
their own cost
structed and
expense,
at
and that
tors to vote said
Tex.,
Palestine,
Company
and the
certain houses at
Northern Railroad
& Great
same,
any,
if
houses
Com- that
Northern Railroad
International & Great
pany,
agreement
find
fhe
by
part performance
International & Great
and were demanded
in
contract
you
Company,
question
that said hous-
if
Northern Railroad
No.
mentioned
completed,
any
agreement, es,
any,
if
constructed
there
such contract and
agree-
compliance
plans or directions furnish-
with the
with said contract and
accordance
ed
and
ment,
through
company,
(if
any,
any),
said
if
established and thereafter main-
therefor
Palestine,
same,
occupancy,
at reasonable
and an
ror
at
the machine
officer
tained
company,
employés
rentals, by
in-
Northern
of the Houston
& Great
cluding general officers,
families
Great
and of
International &
question
question
5: Yes.
No.
clerks? Answer to
No.
Railroad? Answer
2:
Northern
pre-
you
from the
No.
Do
find
“Question
6:
Tes.
ponderance
tional & Great
thorized
in
you
pre-
the Interna-
that
the evidence
“Question
Do
find
No. 3:
from
ponderance
au-
Northern Railroad
the-
that
evidence
the Houston
H. M. Hoxie
the action of
ratified
&
or
Great Northern Railroad
authoriz-
you
make)
(if
making
con-
he did
find
ed
ratified the action of
A.
or
Galusha
Grow in
early
you
making (if
tract and
agreement,
make)
date
tract and
mentioned
tion,
find
did
that he
the con-
question
question
In this connec-
No. 4?
mentioned
No.
you
you
charged
determining
find
if
from
that
1? In
whether
Railroad Com-
preponderance
pany
in this case
evidence
Great
or ratified
action in
authorized
its be-
you
half,
any,
Grow,
if
the International
Company,
of Galusha A.
are in-
ratify
the consolida-
after
structed
its formation
authorize
company’s
Houston & Great
such action was vested in
board tion
your
directors,
question Company
Railroad Com-
answer to this
with the International
year
through
by your
early
did,
finding
pany,
3 should
determined
No.
the evidence as whether a board of directors
general superintendent,
Hoxie,
M.
H.
its
city
authority
agree
with certain citizens of the
conferred the
on said tract and
Wright
including plaintiffs
agreement (if
Palestine,
to make the contract and
Grow
any),
authority
knowing
or,
Ozment,,
theretofore
of his
exercised such
consideration
approved
(if
so),
did
and Great
he
of his action.
issued to the Houston
Company,
necessary, in
It is
company
order to bind a
considera-
railroad Northern Railroad
agent,
action of an
should at
assumed
citizens of Palestine
tion that
complete,
that
to be
the board
directors should have caused
cause
once construct and
constructed
spread upon
completed,
their minutes a formal
cost
reso-
at
own
expressly authorizing
might
approving
expense,
Palestine,
lution
at
houses
action
fied,
to have been
claimed
authorized or rati-
accordance
be demanded
necessary,
plans
nor
order
is it
to bind
rail-
furnished
or directions
company by
through
occupancy,
officers,
company,
reasonable
pany
ternational
pany,
road
action
assumed
employés
agent,
both authorized
rentals,
board of directors
should have
of said com-
clerks,
ratified the action of the
In-
families and
the said
and their
agent;
necessary
it is
that such
assumed
action should be
the board
.but
& Great Northern Railroad Com-
either authorized
at once locate the
ratified
on its
would
question
of directors. Answer
No.
of said
at
maintain
offices
3: Yes.
thereafter
and forever
you
pre- general offices,
No. 4: Do
find
and roundhouses
“Question
from the
ponderance
Northern Rail-
of the evidence
about the first
of said International
thereby
year
fully
1875 the
road
perform
Company, acting
gen- completely carry
Northern Railroad
eral
out and
contract
superintendent,
Hoxie,
Great Northern Rail-
Galusha A.
between the Houston &
road
H. M.
contracted
acting by
agreed
Company,
Grow,
citizens of
of Pal-
acting by
estine, among
plaintiffs
H.
John
whom were
A.
the citizens
Geo.
Wright
fully
Reagan
if
was),
Ozment,
(if
such contract
there
and J. W.
and com-
pletely perform previous
ment,
Great Northern Railroad
preponderance
agree-
you
find,
from the
further
was,
evidence,
if
the International & Great
there
between the Houston
& the
knowledge
acting
had full
Galusha
acting by
Grow
citizens of
of said contract between
tine and
citizens
Pales-
Reagan,
locating
John H.
& Great Northern Rail-
once
the Houston
terms,
Gompany,
any,
any,
if
road
the International
Great
there-
*21
agreement
Palestine,
by
and
at
of said contract
between
and
Northern
maintaining
gen-
keeping
said
of Palestine
certain citizens
after forever
any,
superintendent,
Hoxie,
M.
if
H.
and of
eral
roundhouses of
you
any,
terms,
if
further
its
in
if
find
said International <&Great Northern Railroad
pursuance
Palestine,
last mentioned
in
said
contract
at
consideration of certain
agreement,
any,
if
and
tine at
certain citizens of Pales-
bonds of Anderson
theretofore issued to
completed,
once constructed and
or
Houston" &
Northern
the
pany,
sideration
struct
and
Great
Railroad Com-
completed,
constructed and
caused
own cost
manded
any),
be
the further
and for
and additional
at
any
expense,
and all
de-
houses
that said citizens should
at once con-
agreement
(if
cordplete,
said contract
or
under
cause
be constructed
compliance
obligations
completed,
expense,
with their
in full
their own cost
at
agree-
Palestine,
said
Tex.,
contract and
and all
at
to said
houses
any.
by
might
ment,
company,
satisfaction of
if
said
be demanded
com-
accord-
you
plans
pany; and, if
further find that
ance with such
the Inter-
or directions
mivht
be
through
Company,
officers,
furnished
Great Northern Railroad
national &
pursuance
acting by
directors,
occupancy,
rentals,
board of
at reasonable
em-
Tex.)
& N. RY.
G.
CO. v.
327
ANDERSON COUNTY
may
early
agreement
him,
affin-
ties
of date
be connected with
either
of said contract and
ity
degree
year
(if any
was),
consanguinity,
or
and with
a
tlie
intention to
there
per- may
prescribed by
adopt
(if any),
law,
he shall
and to
be
or when
same
obligations imposed by
have
form the
and
been counsel in
Article
said
company,
the case.”
J
(if
any),
did
In-
disqualifying
relationship
is fixed
locate
establish the
offices
degree.
law to the third
Article
R. S.
Pal-
ternational & Great
estine,
No. with
Northern
you
question
provision very clearly
then
should
answer
constitutional
ex-
you
but,
word, ‘Yes,’
fail to
presses that such relative must be one of the
you
question
find,
so
answer this
then
should
parties
judge
to the
cause
render
Ques-
word,
6No. with the
‘No.’ Answer to
incompetent. And the rule laid down as a
No.
tion
6: Yes.
“Question
you
prepon-
7:
find
a
person
No.
Do
party
suit,
test
when a
is a
to the
derance
the International &
Company
of the evidence that
the event that
meaning
spirit
pro-
within the
of this
Railway
Northern
Great
disqualification
judge,
vision of
prehends
to the
com-
required
keep
and main-
shops
person
Palestine,
forever,
pleading
tain its
Tex.
no
a
named in the
or
injurious
thereby
burden
effect would
or
person
directly
judgment
a
so
affected
placed upon,
by,
or
interstate com-
suffered
particular
legal
case as in
effect to be
question
merce? Answer to
No. 7. Yes.”
party
ap-
a
the suit.
is
now,
January,
This
the rule
And
this the 17th
things approve
plied by
the court does
all
Supreme
Court in the cases dis-
findings
jury,
verdict and
answer
Susan,
cussed.
In Hodde v.
58 Tex.
a
questions
them,
and it
submitted to
is there- surety on a claimant’s bond was held to be a
upon
by
ordered,
considered,
adjudged, and decreed
party
statutory
plaintiffs,
proceeding
try
the court that the
city
Anderson coun-
ty,
ment,
Wright,
A.
Geo.
J. W. Oz- right'
property, upon
ground
Bowers,
W.
Hearne,
L.
Jno. R.
Z. L.
legal
surety
effect the
on the bond
Link,
Sewell,
Robinson, E.
R. C.
Jno. M.
party
active
to the suit.
Hughes,
Colley, and P.
for and on behalf of
II.
city
the
sureties,”
observed,
right
all citizens
do recover
“The
it was
“have a
judgment against
defendant,
protect
by interposing
their interests
a de-
Railway Company,
suit, taking
& Great Northern
as fol- fense to the
such control over its
proceedings
lect or
lows,
prevent
by neg-
to wit:
will
loss to them
considered, ordered, adjudged,
inattention,
finally
appealing
is
It
and de-
higher
defendant,
court,
opinion
court that the
creed
tional & Great
Interna- a
if in their
an errone-
Railway
judgment
subjected
Company,
ous
has
them to
loss
dam-
age. Here, then,
and maintain the
shall forever
of-
we have all the characteris-
fices,
operation
ern
county
where the Houston Great Northern
roundhouses,
party
for the tics of
suit
combined in
such sure-
ty.”
of the International
Great North-
city
Railroad, in
in the
Texas,
Watts,
surety
In Burch v.
37 Tex.
Anderson,
legal
an attachment bond was in
effect such
party
&
contracted
and the International Great
North-
to the record as entitled him to
ern Railroad
agreed
quash
Brooks,
move to
it.
In Weir v.
17 Tex.
keep same,
to forever
for valuable con- 638,
surety
on the bond of a defendant
siderations received.
legal
a distress
considered, ordered, adjudged,
warrant
suit
inwas
effect
It is also
decreed
the court that the
party
defendant Inter- such a
to the suit as allowed him
Railway Company,
national & Great Northern
Supreme
to take a writ of
error
Court.
hereby perpetually enjoined
be and it is
and re-
McLeary,
In
924,
v.
Schultze
Tex.
S. W.
changing
strained from
the location of the ma-
Orynski
party
chine
and roundhouses of the
Internation-
defendant
operated by
Railroad,
al &
defendant,
the
record,
regu-
and his wife and the wife of the
city
from the
and that
judge
lar
were sisters. The court held the
defendant,
International & Great Northern
judge disqualified upon
ground
hereby
perpet-
be and it is
Railroad.enjoined
ually
maintaining
dent and
auditor,
keeping
Orynski
legal
restrained from
wife
was in
effect an active
‘
presi-
the vice
party
directly
defendant
to the suit and
af-
general manager, secretary, treasurer,
judgment.
fected
To the same effect
general freight
manager,
agent, traffic
general
ticket
general passenger
Moore,
superintendent,