The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-08-13
DALLAS, TEX AS.
FRIDAY MORNING $3.50: AUGUST H.
THE PEOPLE OF TEXAS sEUE OUT
FROM THE OPEN SEA,


opoIists of Galveston have been dill
gently engaged for several years
The subject Of the present complaint
is tho new tax Of 81 extra upon
overy ear load Of wheat passing
from the railroad to the new olova'
tor, The distance is, we believe,
just u mile, and for this service the
railroad charges three, and the
Wharf Company two dollars,
While it is true that the mor-
chants and business men Of Calves.
ton, in their own relations with the
people of tho interior, especially of
Northern Texas, are doing nothing
to secure our trade or good will, in
this instance they should not, rs n
class, be held responsible. AS such
exactions arc doing them great in.
jury, it is safe to assume. that they
have had no agency IN the matter
The NelcS asks whore this thing
is to stop, and has no other answer
to tho question than that the people
of the interior shall demand of tho
Constitutional Convention and the
Legislature the removal of those
grevious burdens up0n tho CONNER
CO of tho whole State.
This demand opens up II very nice
question as to tho authority Of eth.
or Convention or Legislature to
"confiscate 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 the State, by any 10.
gitimatc exercise Of sovereignty,
could appropriate the houses, lands,
or other property, Of II turnpike,
bridge or railway company, except
upon like conditions 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 tho Galveston Wharf
Companp, exceeded its authority in
granting andue privileges, they may
Mt any timo BIO resumed by tho soy.
"rcign people, acting through their
Legislature or Constitutional Con.
vention. 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 contract be.
tween the State and tho incorpora.
. tors, rs to preclude the former from
ever resuming rights and privileges,
the granting of which e.rceeied the
authority Of the Legislature, when
ever public necessity requires it.
Whenever the existence Of pecu.
liar power in government says
Cooley, Constitutional Limitations,
PIP. 52i.5,) sis recognized, on the
ground Of necessity, no delegation Of
tho legitimate power by the people
can be held to vest authority in the
department., which holds it in trust,
to bargain away any such power
or 80 tic up the hands of tho gov
eminent as to preclude its repeated
exercise, rs often, and under such
circumstances as tho needs of the
government may require. For i'll
this were otherwise, the authority
to make laws for the government
and welfare of the State might be.
30 exercised, in strict conformity of
the constitution, rs at length to pro.
cludo the State performing its ordi.
nary and essential functions, and
the agent chosen to govern tho
State, might put an end TO tho
State itself 1t must follow that
any Legislative bargain, IN restraint of
Of complete, continuous and repeated
eTerciSe of the rights of eminent do. |
main, is WnWmraated and roid; and
that provision OF the Constitution
of tho United States, which forbids
the States violating the obligation
Of contract, colld not DO SO con.
struod us to render valid and Of.
fectual such bargain, which orig.
'ndl'y @as IN ercess of proper author.
ity."
According to this principle, it is
oh'y necessary to establish the fact
mat the chartered privileges oftho
0slveston Wharf Company twas
originally in excess OF proper au.