Texas Ry Co City of Marshall City of Marshall v. Texas Ry Co
Decision Date | 19 May 1890 |
Citation | 10 S.Ct. 846,136 U.S. 393,34 L.Ed. 385 |
Parties | TEXAS & P. RY. CO. et al. v CITY OF MARSHALL. CITY OF MARSHALL v. TEXAS & P. RY. CO. et al |
Court | U.S. Supreme Court |
These are appeals from a decree of the circuit court of the United States for the eastern district of Texas. The suit was originally brought by the city of Marshall in the court of the fourth judicial district of the state of Texas against the Texas & Pacific Railway Company, and was afterwards removed by that company into the circuit court of the United States for the eastern district of Texas. The suit was a bill in chancery which sought relief for a violation of its contract by the railway cop any that it would establish the eastern terminus of its railroad at the city of Marshall, in the state of Texas, and would also establish its principal offices of the road at that place. The bill sets out as the written evidence of this contract a letter from F. B. Sexton, E. D. Blanch, and M. D. Ector, on the part of the city of Marshall, to Thomas A. Scott, president of the railway company, and the reply of Mr. Scott to this communication. These letters are set out as exhibits to the bill, and are as follows:
'Marshall, Texas, June 26th, 1872.
'Committee on Part of City of Marshall.'
'Texas & Pacific Railway Company, Office of the President.
'Philadelphia, July 16, 1872.
'Very respectfully, THOMAS A. SCOTT, Pres.'
The bill alleges that in pursuance of this contract the county of Harrison, of which the city of Marshall was the county seat, issued its $300,000 worth of bonds, which were sold and the proceeds paid over to the company, and that the city of Marshall purchased, at a cost of $60,000, the 66 acres of land mentioned in this contract, and conveyed it to the railway company. This conveyance was by two separate deeds, and it is pertinent to note that in each one of these deeds it is recited that the ground was conveyed to the railroad company 'whereon to locate the main machine-shops, car-works, and depot of said company at said city,' and that the Texas & Pacific Railway Company agreed to establish its eastern terminus and Texas office at the city of Marshall, and also to establish and construct at said city the main machine-shops and car-works of said railway company. Shortly after these contracts and conveyances, which were made and completed in the years 1872-83, the railway company did establish its principal offices at Marshall, constituting that city its eastern terminus; so that the court finds that 'the contract was duly executed upon both sides, and that the eastern terminus of said railway company and the Texas office of said company and the main machine-shops and car-works of said railway company are and were established at the city of Marshall.' The bill avers that although things remained in this condition until some time in December, 1881, the defendant has since that time moved various parts of its machine-shops and its Texas office to other cities, and, in fact, has by various changes, not important to be recited here, caused the city of Marshall to cease to be the terminus of the road.
In the view that we shall take of this case, it is not important to inquire what particular offices or what particular machinery, work-shops, etc., of the railroad company have been removed from the city of Marshall, nor how far the railroad company has ceased to hold the city of Marshall as the eastern terminus of its road. It may be conceded that the allegations of the bill and the evidence in the case establish the fact that by the operations of said railway company the full and complete object of the city of Marshall in its contract with that company is not now accorded to it. To the bill there was a demurrer, which being overruled, there was filed an answer by the company, and upon the final hearing the circuit court entered a decree forbidding the company from removing any more of its offices from the city of Marshall, and enjoining it to continue those which remained there, at that place, and otherwise to perform the contract. It did not, however, by any mandatory order decree that the corporation should restore to the city of Marshall the offices, the shops, and the other things connected with its operations under the contract with that city, which it had removed. From this decree both parties have appealed, the railway company denying that there was any ground of relief against it, and the city of Marshall on the ground that the complete relief which it sought had not been given to it.
W. Hallett Phillips, A. H. Garland, James Turner, and C. B. Kilgore, for the city.
[Argument of Counsel from pages 398-400 intentionally omitted] John F. Dillon and Harry Hubbard, for the railway company.
As regards the appeal of the railway company, two principal questions are presented. The first of these is, was there a valid contract that the corporation should not only establish its eastern terminus at Marshall city, and put up there the depot buildings and machine-shops, car-works, etc., included in the contract, but should keep them there perpetually? Second, if this were so, is it a contract which a court of chancery should enforce?
If it were not for the word 'permanent,' as found in the communication of the committee of the city of Marshall to Mr. Scott, we should not think it easy to justify the inference that the obligation was to maintain forever at that place what the company engaged to establish there. The clause of the lt ter of this committee to Col. Scott, which first mentions the conditions, is that the bonds of the county of Harrison were voted upon the condition 'that said company...
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