Joseph McKenna

“ That the piers of the terminal company are facilities of import and export traffic at the port of Galveston, and that the arrangement of the terminal company with Young has enabled him to largely and rapidly increase his business until his exports of cotton-seed products are more than twice those of all other competitiors, that he derives therefrom 30 to 40 cents per ton over the ordinary buying and selling profit, and that some who were his competitors have ceased to export. A direct advantage to Young is manifest. A direct detriment to other exporters is equally manifest. ”

“ In all transactions it is treated as single. In the ordinance of the city of Galveston, in the act of the legislature of the state of 1899, and in public circulars and in the lease of Young, it is the system which is dealt with, and not its separate links. And, we have seen, the terminal facilities which the terminal company was authorized to maintain were for the system, not for the corporate elements considered separately.
It is next contended that the lease to Young, under the facts proven, does not constitute an unlawful or undue preference under the interstate commerce act. ”

“ Appellants bring forward the same argument to support the contention under consideration which they advance to support their first contention, to wit, the right, as owner of the property, to make a lease of its 'unused property,' subject only to the limitation that there shall be no interference 'with the use of the adjacent navigable waters.' It would seem that, if the argument have any force at all, it would extend the rights of ownership to used as well as unused property, and be exercised in any form of preference, even to the exclusion of some shippers from the wharves. ”

“ The act of the legislature declared that the property 'should be developed for shipping and transportation purposes, and that the shipping facilities at the port of Galveston should be thereby improved and enlarged in order to better accommodate the commerce of the port and of the state.' And wharfage charges, except so far as they should be covered by the freight rates, should be subject to regulation by the railroad commission of the state. ”

“ Private parties may settle their controversies at any time, and rights which a plaintiff may have had at the time of the commencement of the action may terminate before judgment is obtained, or while the case is on appeal, and in any such case the court, being informed of the facts, will proceed no further in the action. ”