The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1860-02-11
fAci6c Rad, hat l.c dsased il NJ PsF'

i, the dsSv Of the State Eng iaeer, npoe
the con,plstios Of Is milcs. " more. Of
road. 10 examine aud report upon the
work but says nothing about extra
comrensation. This IS before railroad
companies can avail themselves OF the
L,nl bsnss. See Old. 4 Whites Dig. p.
$40. Art. i6Il) The law regulating the
tas Is different On application Of
railroad company. for the loan, the board
Of school commissioners, who a'e com
posed Of the Governor. Comptroller, and
Attorney General. shall appoint so"s
co,npcten, engineer, who shall at the cs'
,rnsc Of the road" sc. ibid. Art. 1881
and 1863, p. 3'3) Mr. Gray was not so
appointed. and did not examine the road
for any such purpose.
|. rccras clear, therefore, TO our mind
that the Legislature in providing that
the State Engineer shall report upon 20
miles or more If railroad completed, and
ut the same time fixing no extra conpcn-
sstiun. contemplated that this should be
added 10 his duties IN an officer 81 the
government No public officer. without
authority Of law, has the right To levy
tax upon corporation or an individual
The law making power il alone vested
with such authority incn, unless Mr..
Gray can point to the law which an'aor-
izcd him to levy this tax upon railroad
companies, his position is indcicnsiblc
lIc is placed IN the position If Collecting
such lax without authority, and cxer.,is-
ing his own discretion as to the amount de-
maudcd aud received We shall pass no
Judgment on his motives. His acts, ai !!
the circumstances connected with them.
alone elicit our criticism. No railroad
company however unjust it might deem
the exaction. would refuse TO pay the
sun demanded, and thereby incur the DIS
pleasure Of an Office, who, by an unfa'
vorablc report. might subjcc, Ito much
more serious pecuniary loss, or perhaps
defeat the cntcrprzc We kaou that this
was the view taken Of 1t here, aud hence
Mr Gray was paid How has 1t work
cdy Mr. Gray receives an annual salary
of $1,000. According To Richardson's
Almanac thee were completed in \"vcm-
Der last, 2,2i miles Of railroad in Tex ~
At S2j per mile. this amounted to the
snug little sum of ISL. 80 How much
of this Mr. Gray received, he can say
himse|f The precedent to which he
appeals ,a.lvr aggrava,es the offence.
|, would be reasonably inferred that
our opinion Of Capt Gray's knowledge
# ethics and law was not Of the mos,
exalted character He has amply at"ncd
for it, however. by his own sclfapprccia
ton. In his report he gravely urges
as unqucstionablc grounds of forfeiture
of the charter OF the :. p Railroad Gem
pany. matters which were deliberately sr-
rucd in the District Of Court Of Harrison
county aud before the supreme Court, Ivy
the most able lawyers in the State, AID
decided by both, ~ having no validity,
His report was not published until after
the ,th Of January 1860 A gentleman
- hny
modified such report That rcpod
speaks for itself to all men who under
stand the question, as cvincing the most
dccp.roo'cd prejudice against the South
ern Pacific Railroad Company.
With these remarks We might end this
notice Of Mr. Gray. But We find in the
Harrison Flag Of the l4th Of January, a
communication. written, ms We are IN.
formed, by u citizen of Houston, whose
responsibility is vouchcd for by leading
citixcns Of Marshall, from which we make
an extract:
Il do not know how lcuient Capt
Gray was.u making his report upon the
character Of your road, but will give
his course in reference to those in This
section lie reported the Central Road
finished twenty five miles beyond Hemp.
stead, six months ago. Now, sir, the
truth Of the matter is that temporary
bridges and temporary ties, or rather
blocks for the rails had been placed across