The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1874-03-15

charter was not obtained by any IN
fair means, and identified totho bonds,
then the state had no excuse, hut must
deliver them, How could the governs
OF expect 10 negotiate the one million
dollars bonds In his hands, II fears
were entertained that the people would
repndlate the International bonds, II
validated by tho opinion Of the slI-
premo court. The company, by des'
perale struggles, had complied with its
contract, aud now the state refused ~
allow the comptroller TO issue these
bondsi the effect must be Injurious
10 the state credit, The company pro.
posed TO rebate 81, 10000 Of Thesis, OOO,-
600 bonds II was entitled TO which
was generous and unprecedent-
al, The ease should be tried when
II was reached on the docket, and
there should he no further delay. The
company had built II ilrst-class road
had expended over S0,0OO,OOO, and yet
their bonds were refused them. "
fraud had been committed, the COM
pAny did not want the bonds, but
would lenye the allegations to the gu
prcmc court, and II decided In their
thyor rebate the amount above specl
fed, The imputntions against san
Antonio should cease, II on no other
account on account Of Its historic
record, because II was the cradle Of
Texas liberty and scene Of the martyr
dom of Travis, Fannln and others. II
had been taxed for the benefit Of other
stations Of the company, and ten mil
lions Of accounts given TO corporations
10 benefit other cities and sections, and
yet never murmurcd. Dallas, WaXa-
hachle and Fort Worth had been rem
dered wealthy aud luxuriant, while
SIM Antonio pinned and suffered for
want of railroad Accommodation.
lie afterward debated the legal aspect
Of the cnse, and conclude by Observ-
Ing thata compromise like this, offered
with 30 much lranllness, ought to be
accepted.
Mr.. Wood offered an amendment,
constituting the state Of Texas stock
holder in the company, giving the
governor power to represent the pe0-
Pile at all meetings, and providing that
the state interest should be exempted
from forced sale, giving the company
the option Of levying upon said inter
est, by giving n final mortgage on the
road-bed, and allowing II TO pay the
same.
Mr. Wood subsequently moved to
postpone the consideration of the
question until Wednesday, and then
to continue 1t, rs special order until
aniilnI l,,n unlA ar IN iA 10
Mr. Wood spoke to his amendment;
he sad that the question should be set
tied aud no longer interrupt the policy
and policies Of the state. lie was adj
verse to compromise, but wanted ii
irrespective OF any suit. He denied
that the state could be sued without its
consent, or that the suit now pending
would settle the question. If the court
should decide that the comptroller
should sign the bonds and he refused
TO do so, could the court imprison him
for contempt? If that were allowed,
the court would have power to inn
prison all the parties Of the depart
ments, and there would he no power in
the state but the judiciary. The com
promise ought TO come leiore the
courts in u proper way; come
in at the front aud not
the back door. He did not believe in
settling such important eases in an in
direct manner, and was disposed to ia
yor the adjustment, for, If the company
had substantial merits, a compromise
of II liberal character could he effected,
without reference to suits, unless the
people were convinced that the COM
pany was entitled to its bonds. Even
the decision of the supreme court
would not enable them to realize on
their bonds.
Mr.. Bradshaw opposed the present
consideration of the bill, and moved to
postpone until tomorrow.
Mr.. Flanagan resisted postponement.
He said Bradshaw ought to be well in
formed on the question, if anybody
was; and claimed that the interest and
credit of the state was at stake. The
people did not desire that their charter
of 1870 to the company should be an
nullcd, and new charter given, max
ing the state stakeholder. If our
own supreme court, composed of hon.
est just and conscientious men, de-
clared the charter of 1870 valid, the
company was entitled to the bonds.
Mr.. Culberson replied, and denied
that the people would favor the repu-
diation Of the decision of the supreme
court. He was favorable to the COM
pany.
Pending the decision, the senate adj
ourned.