'THIS DAY came on to be submitted to the Court the Appellees' Motion for Rehearing, the Motion for Rehearing by Railroad Appellees and the Motion for Rehearing by Appellee Hill & Hill Truck Lines, Inc., Intervenor, in this cause and the Court having heard and fully considered said motions is of the opinion that same should be granted in part and overruled in part, IT IS THEREFORE considered, adjudged and ordered that Appellees' Motions for Rehearing be, and same are hereby granted to the extent that the Injunction insofar as it relates to rates on cast iron pipe shall remain in full force and effect; it is FURTHER ordered that in all other respects the motions are overruled; it is FURTHER ordered that the judgment heretofore entered herein remain in full force and effect except as modified herein.'
‘Having due respect for this Court's time, Appellees will not restate herein the Points of Error set out and discussed in their original Motions for Rehearing; but, to avoid any suggestion as to waiver, Appellees hereby incorporate and reurge each of their Points of Error previously urged.’
'It is our opinion that their (motor carriers) right to avoid these injuries, or even their right of survival, must be viewed from the standpoint of public interest, free enterprise, and our competitive economic system. * * * We believe that the injuries to be sustained by appellee motor carriers represent the price they must pay for their confessed inability to be competitive in this area.'
'* * * The rapid increase of motor carrier traffic, and the fact that under existing law many motor trucks are not effectively regulated, have increased the dangers and hazards on public highways and make it imperative that more stringent regulation should be employed, to the end * * * that the use of the highways for the transportation of property for hire may be restricted to the extent required by the necessity of the general public, and that the various transportation agencies of the State may be adjusted and correlated so that public highways may serve the best interest of the general public.'
'The Act in question clearly discloses the additional purposes of preserving other established lines of transportation, and even though a public need be shown for additional operation, a further studied effort is shown to prevent, through regulation, unfair, discriminatory, or destructive competition between such authorized carriers as would ultimately impair their usefulness.'
'It is hereby declared to be the policy of the Legislature to * * * provide regulation for all common carriers, without unjust discriminations, undue preferences or advantages, unfair or destructive competitive practices; improve the relations between and coordinate transportation by the regulation of such motor carriers (specialized motor carriers) and other common carriers; preserve the common carriers serving the public in the transportation of commodities generally over regular routes; develop and preserve a complete transportation system properly adapted to the needs of the commerce of this State and of the National Defense Program.'
‘The Order of December 18, 1962, would impose rail pipe rates which would be discriminatory against plaintiff and its members. If put into effect, it will cut the rail rates on pipe to such an extent that the oil field carriers will no longer be competitive. As a result, plaintiff and its members will not participate in the transportation of pipe between any two points in Texas which can be served by railroad. And not only will the Order of December 18, 1962 have the effect of diverting intrastate shipments of pipe to the rail carriers, but it will also divert interstate ex-barge traffic to intrastate rail routes. The long-haul transportation of pipe is a main source of revenue to plaintiff and its members, and the Railroad Commission erred in ignording the disastrous effect that its Order of December 18, 1962, will have on the oil field carriers of this State.’
'* * * As is indicated in these Exhibits, the financial condition of the oilfield carrier industry is now extremely precarious; the reduction in traffic and revenue which unquestionably will result from the order of December 18, 1962, would be disastrous to this industry.'
'We therefore hold that Haulers are parties ‘at interest’ within the meaning of Art. 6453 authorizing appeals from orders of the Commission prescribing and adopting rail freight rates, and that they may enjoin enforcement of prescribed rates if they can discharge the burden placed on them by Art. 6454 of showing that the rates are unjust and unreasonable to them in that there is a reasonable likelihood that their businesses and their services, for which there is a public necessity, will be destroyed or substantially curtailed.'
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