The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1875-08-14

Northern Texas, arc doing nothing
to secure our trade or good will, in
this instance they should not, as n
class, be hold responsible. AS such
exactions are doing them great in
Jury, il is safe TO assume that they
have had no agency in tho matter.
Tho NerS asks where this thing
is to stop, and has no other answer
to the question than that tho people
of the interior shall demand Of the
Constitutional Convention and the
Legislature the removal of those
grcvious burdens upon the CONNER
CO Of the whole State.
This demand opens up a very nice
question as to the authority of eth
er Convention or Legislature TO
"confiscato the property of the
wharf company" as they would call
it, or of assuming any greater right
to regulate their business affairs
than those of private individuals.
1t would hardly be contended, for
instance, that tho State, by any lc-
Ultimate exercise of sovereignty,
could appropriate the houses, lands,
or other property, of turnpike,
bridge or railway company, except
upon like cor ditions and circum-
stances, that they could do
with the same species ofproperty be-
longing to individuals. AT the same
timo, it seems clear that where the
Legislature has VIGOROUSLY, as in
the case of the Galveston Wharf
Companp, exceeded its authority in
granting uadae .pricilegeS, they may
at any timo be resumed by the SOY
orcign people, acting through their
Legislature Or Constitutional Con
vcntion. On this point, one
Of the most eminent Of our writers
on constitutional law contraverts
the idea that an act Of incorpora-
ton constitutes such q contract be-
tween the State and tho incorpora-
tors, rs to preclude the former from
ever resuming rights and privileges,
the granting of which exceeded tie
authority Of the Legislature, when
ever public necessity requires it,.
"Whencvcr the existence Of pccu.
liar power in government" says
Cooley, Constitutional Limitations,
PIP. 524-5,) sis recognized, on the
ground of necessity, no delegation of
the Legitimate power by the people
can DO held TO vest authority in the
department, which holds it in trust
TO bargain away any such power,
or so tie up the hands of tho gov
eminent as to preclude its repeated
exercise, rs often, and under such
circumstances rs tho needs of the
government may require. For if
this were otherwise, tho authority
to make laws for the government
and welfare of the State might be.
so exercised, IN strict conformity Of
the constitution, as at lcngth to pre-
cludc the State performing its ordi-
nary and essential functions, and
tho agent chosen to govern the
State, might put an end to the
State itself. 1t must follow that
aay legislature bargain, in restraint Of
Of complete, continuous and repeated
exercise Of the rights Of eminent do
main, is ua,cmranted and coid; and
that provision of the Constitution
of the United States, which forbids
the States violating the obligation
of contract, eo..!d not be so con-
struod us to render valid and eff
fcctual such q bargain, ,rhich orig
iaaiiy uas in erceSS of proper author
Hy."
According 10 this principle, it is
only necessary to establish the fact
that the chartered privileges of the
Galveston Wharf Company "was
originally in excess OF proper au-
thority" in tho Legislature,
and that the existence of its pre-
tended contract with tho State is in
conflict with public policy and the
interests of the people, and then
either the Constitutional Conven-
ton or the Legislature would have
the clear right to resume over the sea
coast fronting the city Of Galveston,
its inherent right of Eminent Do
main, wrongfully parted with TO a
private corporation.
We hold that this would not only
be legal exercise of sovereignty,
but that under the circumstances,
a necessary one. As VIC have
already said, this corporation IS
engaged in a course which Las al
ready wrought great injury TO the
agricultural and commercial inter
esis of the people Of the whole State,
and by the insolcnt assertion and
exercise of its right to tax every
pound of incoming or outgoing
freight, passing through the chief
seaport Of the State, il is practically
shutting the people out from access
TO omen sea. We trust the COnven-
ton may rid the people Of this in
toIerablo evil
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