"Findings of Fact.
"I find that the matters of fact set out in paragraphs 1 to 5, inclusive, of plaintiffs' first amended original petition are true. I find:
"That heretofore, to wit, on February 10, 1902, the Railroad Commission of Texas adopted and promulgated its certain order, known as `general tariff of class rates No. 3,' whereby it divided all kinds of freight transported by railroad companies between points in Texas (saving and excepting certain kinds of freight covered by certain orders of said Railroad Commission of Texas, known as `commodity tariffs' into 10 classes known respectively as class No. 1, class No. 2, class No. 3, class No. 4, class No. 5, class A, class B, class C, class D, and class E; and whereby it fixed and established the freight rates which should be charged by railroad companies transporting commodities belonging to such various classes between different points in Texas, and which such freight rates so fixed and established are now in force, save and except in so far as some of the same have been modified by amendments to said order subsequently made by said Railroad Commission of Texas; and whereby it provided that such railroad companies, for transporting any freight belonging to said class No. 1 between Galveston and any other point in Texas, should charge seven cents per 100 pounds in excess of the freight rate required to be charged for transporting such freight between such other point and Houston; and whereby it provided that railroad companies transporting any freight belonging to such class No. 2 between Galveston and any other point in Texas should charge a freight rate of 6 cents per 100 pounds in excess of the freight rate required to be charged for transporting such freight between such other point and Houston; and whereby it requirer that railroad companies transporting any character of freight belonging to such class No. 3 between Galveston and any other point in Texas should charge a freight rate of 5 cents per 100 pounds in excess of the freight rate required to be charged for transporting such freight between such other point and Houston; and whereby it required that railroad companies transporting any character of freight belonging to such class No. 4, or class No. 5, or class A or class B, between Galveston and any other point in Texas. should charge a freight rate of 3 cents per 100 pounds in excess of the freight rate required to be charged for transporting such freight between Houston and such other point; and whereby it required that railroad companies transporting any character of freight belonging to such class C, class D, or class E between Galveston and any other point in Texas should charge a freight rate of 2 cents per 100 pounds in excess of the freight rate required to be charged for transporting such freight between such other point and Houston; and which said provisions requiring such different freight rates to be charged for transporting such freight between Galveston and other points in Texas in excess of the freight rate between such other points and Houston are now in force and applicable to shipments of all commodities belonging to such various classes between Galveston and points on the line of said St. Louis, Brownsville & Mexico Railway. That there are certain kinds of commodities not included in such classes above referred to, but such classes do include the great majority of all commodities moved by railway transportation in Texas, and include all kinds of dry goods, clothing, boots, shoes, notions, and hats, and practically all kinds of groceries, and practically all kinds of hardware, implements, and machinery. That heretofore, to wit, on June 1, 1905, the said Railroad Commission of Texas adopted and promulgated its certain order, known as `commodity tariff No. 1 E,' whereby it fixed and established the freight rate which should be charged by railroad companies for transporting cotton, cotton linters in bales, and cotton pickings in sacks, between points in the state of Texas, and whereby it established
certain exceptions to said rates so established, among others being subdivision 3 of section No. 2 of said order, and reading as follows: `The rates between Galveston, Texas City, Velasco and all points not otherwise provided for in this section, shall be made by adding 6 cents per 100 pounds to the rates applying between Houston and the same points'—and which said order and exception were made applicable to and now apply to shipments of cotton, cotton linters in bales, and cotton pickings in sacks between Galveston and points on said St. Louis, Brownsville & Mexico Railway. That heretofore, to wit, on March 10, 1899, the said Railroad Commission of Texas adopted and promulgated its certain order, known as `commodity tariff No. 3 A,' whereby it fixed and established the freight rate which should be charged by railroads for transporting cotton seed and cotton seed products, rice bran and rice hulls, linseed cake and linseed meal, between points in Texas, and whereby it provided that such railroad companies, for transporting any of such commodities between any point in Texas and Galveston, should charge on cotton seed 2½ cents per 100 pounds in excess of the freight rate required to be charged between such points and Houston, and to charge on cotton seed cake, cotton seed meal, and cotton seed ashes, linseed cake, and linseed meal 2½ cents per 100 pounds in excess of the freight rate between such points and Houston, and on cotton seed hulls, rice bran, and rice hulls 2½ per 100 pounds in excess of the freight rate between such point and Houston, and on cotton seed oil and tank bottoms 2 cents per 100 pounds in excess of the freight rate between such point and Houston, and which said rule and order is now in force and applicable to shipments of such products between Galveston and points on the line of said St. Louis, Brownsville & Mexico Railway. That heretofore, to wit, on March 10, 1899, the said Railroad Commission of Texas adopted and promulgated its certain order, known as `commodity tariff No. 10 A,' whereby it fixed and established the freight rate which should be charged by railroad companies for transporting wool between points situated in the state of Texas, and whereby it provided that the freight rate on wool between any point in Texas and Galveston should be 7 cents per 100 pounds in excess of the freight rate applying between Houston and such point, and that the said order and freight rate so established and promulgated is now in force and applicable to shipments of wool between Galveston and all points situated on the line of said St. Louis, Brownsville & Mexico Railway. That heretofore on March 10, 1899, the said Railroad Commission of Texas adopted and promulgated its certain order, known as `commodity tariff No. 15 A,' whereby it fixed and established the rate which should be charged by railroads for transporting canned goods and vegetables in car load lots between points in Texas, and whereby it provided that the freight rate so charged by such railroads upon shipments of such canned goods and vegetables in car load lots between Galveston and other points in Texas should be 3 cents per 100 pounds in excess of the freight rate charged between Houston and such other point, and which said order and freight rate so established is now in force and applicable to shipments of canned goods and vegetables in car load lots between Galveston and points on the line of said St. Louis, Brownsville & Mexico Railway.
"(2) The St. Louis, Brownsville & Mexico Railway was completed to Algoa and opened for business with Galveston on January 1, 1907. The differential rates complained of in plaintiffs' petition were fixed by the Railroad Commission long prior to the building of the St. Louis, Brownsville & Mexico Railway. That the orders establishing such differential rates applied to all railroads in Texas, and said orders have been continued in force, and upon the building of the Brownsville road such orders applied to it in common with the other railroads of Texas. That the orders fixing the differential rates complained of are now in effect upon the St. Louis, Brownsville & Mexico Railway, and upon all other roads, except upon the Gulf, Beaumont & Kansas City, and Gulf, Beaumont & Great Northern Railway points north of Beaumont to Center, inclusive.
"(3) The St. Louis, Brownsville & Mexico Railway has its western terminus at Sam Fordyce and Brownsville, on the Gulf coast, and runs in a northeasterly direction near the Gulf coast line, to the town of Algoa in Galveston county, where said railroad connects with the...
