The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1859-07-09


erty of the State, (the frauchise) and the
consideration 81 the graa hiss tailed, or
the condition upon which twas granted
has been broken. The State is Interested
IN rcclaimibg and recovsing its own,
whether il be iurfcitc franchise. IA
penalty. a debt. or other property The
District Attorney has - much tight t.
bring the suit none case AS IN the other
His only warrant ia either case is that
the state Is INTERESTED
1t Is no answer to this to gay, that the
District Attorrysmus, exercise an i'm
porlaut privilege, IN determining when the
night Of the state to bring the action has
accrued. That must be determined in
all suits brought by hlm, CA bonds Of
officers, IA debts due h. The State, penal.
ties incurred, niornations, and ali other
suits. not specifically directed oy Statute.
THIS same privilege would have to br
cxcrtcd by him, IT this duty was imposed
uil HIM by a Statute, directing such q
suit, and defining the contingency upon
which it must be brought.
TINS privilege arises vut OF the yer!
nature VI an executive Office, aad'Is NJ,
incident to lts duties Establish the duty.
and the incident follows buy gives tue
command and TIM power 10 net, and nects-
-arly cunier- The right 10 determine the
ecc,s ~ c, pfupr e.! o. "ctiun. " hothet
the snit be brought At the instance 81 tic
Legislature. tle Govem,h, Attorney Cen
cral. az Distract Attprncy. ta's preliminary
right has t. be exercised 10y some nuc
The Legislature may direct WHO shaQ
exercise IT. but until such direction Is
given II l. a power necessarily ny OWED
"a the duly 81 that uibCcr who is require!
10 prosecute all actions, ~ winch Tho
State is interested Whoever must ,N-
excise tins preliminary ught lis exercise
Is not conclusive, fol The Facts that De.
determine the forfeiture, must be asccr.
tanned through The judiciary, by due
course Of l.At Of the land " II bis 80
1t Is unnecessary toCommcnt OH tie "a
,pective powers oi the Attorney srucrul
and District Attorney. a. they haye joined
ia bringing this action. W lille "ur sat
uies s.,u. signed to make division II
powers and duties between them, IL rep
rcsentIug the interest, VI the State ia the
stNtiai AbAtAsi my 'N4"NhAi. '+"tfh'
plate correspond, nee iur advice and
information between them - Tar a.
then duties are expressed ~ the statute,
i, seems to fall more appropriately within
th, prov OF the DtstiIct Attorney To-
prosecute this, ur any other SUIT Tor the
State IA til" District Count There are
very few Statutes ro4hrng the DIS
utci Attorney specially to brlg SUITS
.llr lh, state They most usually nod
cate tuat suits are to oe brought aud
defended IA Us District C,ule, leaving
It 10 he determined inm The uaiu. Vi
iu- ofiicc ana the province and sc"pe ui
hls dn'y. that lac w,ll act a, the AttoIr'y
TT the state.
Aulustaucc Of that Kind ~ 10 be- found
in the act 4 the Leg stature 81 lsJ1, lu
which provision = NAB tr Speuu
proceedings against Railroad Compa-
MES ia Legislature IA Tbs Act
author i1cs sH,t, ct prosecutions against
Railroad Companies Tor willul neglect
of duty. rs prescribed 10y law They
are to Toe brought IA tho name os the
the State, in the District count OF any
county, through which said road may
pass, or at the point 81 It's commencement
e. t.r,nin,,i,u and Ar. IA be regulated
ga, H.. ,ul.. vb,,l, Cavern ,i,,l snita
!. IL. nlr,ding ur.res- and u.ial ..,ud
an ,h'.r,. - ma, the slightest reference
a. -. ,,.L.,, - ,.ptrpsi,d H., ,,pb, Il, de-.
,.rn,r, ,b. -nf.,nrt.tv of hf n.,iue, the
suit or As tu the particular officer who
ali ,,r.,.,...,,t,. ;, I, isrrox,,l.l IA ,te
..,,a. .',,u,.,,,i.n that tn. .hall have ma
r,.t.,,,,c,. =, cases v,b.r, ant, ,ct. or ep,is.
.s,,u.,f n,nlr.,t Co,urapv nnrr,t., A.
-,,,...,,'l..,''., c...f...,,r' ,ts rb,,,,, %
rr.,,, ,lr. 4, - ,,,i,,l.A that ,b..
I,r,.I,turo intrud A +, Withhold ,,c
90, t. ur,s.,.u,. far C,,lriturs of ,lt,
rL,r,,r |, j. L,b.yed ,h.t ia, ol,i.ri
az u,. ,,,,,u,,,d was a. uroy;sl. nJs.
ut, ,..,,,.l,.s e., Lr.,ch,. o, dn,v IN
.'..n.,;.. ,,L,.,. ,b,y h,,,,,u,l wh,',h,r
,h,, .h,,l1 lac wh,'. H. r.,,n,pv had
49,. ,.,,,.,.,,.'l al, ,r ma, Ttr ,r,,ii,a.
t,,n dr,,,n ,,,,, Ills enactment cannot
~. ,l,,, ia. D,.,,i,,'Att,,r,v shall u,t
,.,;n,, ,h,. mi, ~ c,l.i,,r. T., L.is,, ..,
,nem,,,,,, IN II lrris IA br papl,rl
IN ~. or,.l,;,,;,,..,, ,;,., h,ir..l,..,
..'g,,, A., ,ny .'.,.. g., ,'r Sn,r NJ.
u., ,l,,. "a. .,r r;,..t ,,r,,,,,,
.,.,niro s,rb a c.s,s,,prt,.n F.r ,hr
49, .J.eI, ,c.,s tbo rrr,sl,tnr,
l,.,. L.., .,,g,r,,,,., laws rr,,,ing and
p..t.l al I.. ,b.,