"Conclusions of Fact.
"First. I find that the Railroad Commission of the state of Texas, on January 6, 1896, made an order, and made and issued circular No. 199 as set forth in the plaintiff's original petition, to the effect and in the terms in said petition set forth, same having been made after due notice under the law to all parties interested, said order being known as `Circular No. 199,' and is as follows, to wit:
"`Office of Railroad Commission of Texas
"`Circular No. 199, General Order
"`Austin, Texas, January 6th, 1896
"`It is ordered by the Railroad Commission of Texas that the following rules and regulations shall be, and they are hereby, established to govern in the reception, transportation and delivery of loaded cars from point to point on railroads within the state of Texas.
"`(1) Every railroad company operating a railroad between points within the state of Texas shall receive, when tendered to it by a shipper at a station on its line, every loaded car intended for transportation over its line to a point on its line, also every loaded car intended for transportation over its line and thence to a point on any connecting line of railroad. Having received from a shipper a loaded car destined to a point on its line, the company so receiving such loaded car shall forward and haul the same over its line to destination; and having received from a shipper a loaded car destined to a point on a connecting line, the company so receiving such loaded car shall forward and haul same over its line to its junction with the next connecting line to which it shall at such junction deliver same for further transportation.
"`(2) Every railroad company operating a railroad between points within the state of Texas, shall receive, when tendered to it by a connection at a place of junction of their tracks, every loaded car intended for transportation over its line to a point on its line and also every loaded car intended for transportation over its line and thence to a point on any connecting line. Having received from a connection a loaded car destined to a point on its line the company so receiving such loaded car shall forward and haul same over its line to destination; and having received from a connection a loaded car destined to a point on any connecting line, the company so receiving such loaded car shall forward and haul same over its line to its junction with the next connection line to which it shall deliver same for further transportation.
"`(3) Connecting lines, as used in this circular, are two or more lines connecting with each other by crossing each other's track or otherwise and forming a continuous rail route between the initial and terminal point of shipment, and a connection or connecting line is any one of said two or more lines.
"`(4) The junction of two railroads, as used in this circular, is the place at which they cross each other's tracks or otherwise connected.
"`(5) Nothing herein contained shall affect the rules and regulations now recognized and enforced by the railroad companies of this state in respect to charges for car mileage upon loaded or empty cars.
"`This order shall take effect January
27th, 1896. John H. Reagan, Chairman
"`L. J. Storey
"`N. A. Steadman
"`Commissioners.
"`Attest: J. J. Arthur, Secretary.'
"Second. That thereafter, upon complaint being made by the Lumpkin Flour Mills of Meridian, Bosque county, Tex., the said Railroad Commission of Texas, on January 4, 1907, gave and issued its special notice to defendant of a hearing as to said complaint, which said special notice is as follows:
"`January 4, 1907.
"`Special Notice.
"`It is ordered that notice be and the same is hereby given to the Gulf, Colorado & Santa Fé Railway Company, and all other parties interested, that the Railroad Commission of Texas will on Tuesday, January 22, 1907, at its office in the capitol at Austin, take up and consider the matter of a complaint filed with this commission under the date of January 1st, 1907, by the Lumpkin Flour Mills of Meridian, Texas, said complaint containing allegations as follows:
"`That on November 28th, 1906, said complainant delivered to the defendant railway company a shipment of mill stuff at its station of Meridian, said shipment being loaded in A. T. car 24197 and being consigned to G. W. Dunlap at Millican, Texas, a station on the line of railway of the Houston & Texas Central Railroad Company, the said defendant railway company accepted said shipment, signed bill of lading therefor, and transported said loaded car to Navasota, Texas, the junction of its line of railroad with the line of the Houston & Texas Central Railroad, where said defendant railway company failed and refused to deliver said loaded car to the Houston & Texas Central Railroad Company for further transportation to the destination named in the bill of lading.
"`And it appearing to this commission that the said failure and refusal on the part of the defendant railway company to so deliver said loaded car to its connection for further transportation is in direct violation of an order heretofore entered by this commission, to wit, circular No. 199, effective January 27th, 1896, this commission will, at
said hearing, consider the matter of a proposed order directing the Attorney General of Texas to institute and prosecute in a court of competent jurisdiction, all necessary suit or suits against the Gulf, Colorado & Santa Fé Railway Company for the collection of penalties provided by law for the violation of and noncompliance with orders of this commission.
"`All parties interested in the matters above set forth are requested to present to the commission, on the date of said hearing, all facts within their knowledge pertaining thereto, and said Gulf, Colorado & Santa Fé Railway Company will show cause, if any it can, why the order and direction to the Attorney General of Texas, as above set forth, should not be made.
"`L. J. Storey, Chairman.
"`Allison Mayfield,
"`O. B. Colquitt,
"`Commissioners.
"`Attest: E. R. McLean, Secretary.'
"Third. That on such hearing the said Railroad Commissioner of Texas made its order and findings, which I find to be true, as follows:
"`Office of Railroad Commission of Texas.
"`Austin, Texas, March 2nd, 1907.
"`Hearing No. 693.
"`The State of Texas ex rel. The Lumpkin
Flour Mills v. G., C. & S. F. Ry. Co.
"`Loaded Cars. Refusal to Deliver to
Connections.
"`The above numbered and entitled cause having been called for trial by the commission at its January term, 1907, and the commission having heard the evidence offered and statements of parties interested, and having now duly considered the same;
"`And it appearing to the commission, from the facts developed upon the hearing of this cause, that on November 28, 1906, the complainant, the Lumpkin Flour Mills, delivered to the defendant railway company a shipment of mill stuff at its station at Meridian, said shipment being loaded in A. T. car No. 24197, and being consigned to G. W. Dunlap at Millican, Texas, a station on the line of railroad of the Houston & Texas Central Railroad Company; that said defendant railway company accepted said shipment, signed and delivered to consignor a bill of lading therefor and transported said loaded car to Navasota, Texas, the junction of its line of railroad with the line of railroad of the Houston & Texas Central Railroad Company, and at said junction of Navasota said defendant railway company failed and refused to deliver said loaded car to the said Houston & Texas Central Railroad Company for further transportation to the destination named in the bill of lading.
"`And it further appearing to the commission that said failure and refusal on the part of the defendant railway company to so deliver said loaded car to its connection for further transportation is in direct violation of the terms and provisions of an order heretofore entered by this commission, to wit, circular No. 199, effective January 27, 1896, which said failure and refusal on the part of the defendant railway company to comply with and be governed by the terms of said circular No. 199 is a violation by said railway company of laws and subjects said...
