The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-07-27
NO. so

plainly forbids any such conclusion; tSat
language is as follows: That in view oil
the financial misfurtunes no existing. rail- |
road company chartered or holding grants |
under this State which has heretofore or |
ganiZed and commenced work in good
faith shall be considered as having lost any |
OF its rights, privileges or grants prior To |
the next session of the Legislature Of this |
State by virtue Of lapse oi time betceeR Rose
and that time.r 1
II Is not possible to give the ordinance of
the convention any retroactive effect. Ii
cannot Oe Interpreted II operate backwards,
because the language is too PLAIN to admit
of any such Interpretation.
II will be contended that il is harsh treat
ment 10 refuse relief to this company. In
this view | cannot concDr. While il is not
ms province or duty to inquire into or sts:e
how il happened that white Texas was ex-
hausted by civil war which drained her
resources and Impoverished her people,
donation OF six millions of money was prom
ised TO non-residelt Capitalists owning rail-
way. Sill, do say that the Legislature in
1873 was under SPECIES Of coercion TO make
the large land grant aud the immense res
ervation in favor of this company to es-
cape from the intolerable burden of that
six millions subsidy debt. We can all re-
memOer the astonlshment with which the
tax-paying people, many of whom were
then disfranchised, viewed the creation Of
that subsidy debt and the universal dissat-
Afsctinn it produced. T. us matter of his
Ky that the sct Of 1873, which secured
Sase company that immense reservation, was
- tended to preserve the State from the i'm
putstion of vol tied faith. That reason no
longer exists, aud the undersigned, is una
Ole To see why Texas should not now re-
sumo control of her own domain.
In the opinion of the undersigned there
is no longer any reas Duable prospect that
the Texas and Pacific Railway Company
will be able to carry out its undertaking to
build railway through the State of Texas
To the Pacific ocean. ts L.aat f3A
The people of this State know that the
company is applying to the Congress of the
United States for the passage of an act to
aid it by guarantee Of the interest on IFS
bonds by government. What is this but
an admission by the company of its inabil-
itY to construct its railway Without such
all from the United States Is it right,
under such circumstances, for this State to
permit a corr ori:ion t0 tie mp from settle
lnent so vast u public domain after repeated
extensions granted on assurances of an abil-
ity to perform in the future
There are urgent reasons why Texas
should not permit herself 20 be longer
trifisd with by tn gitnt monopoly. st q
The claims of the schOol fund upon the
public dom ain, as already defined by law,
emitting it to four millions of acres more
than the unleca.ed half remaining, to COM
prnsatc for that quantity granted the In
| ternational Railroad Company, the neces-
siiy to util ze three millions tf acres set
aside by the Constitution for the erection
of public buildings and other purposes,
! and the Importance Uf securing TO actual
! settlers our land, are considerations that
| appeal TO this Legislature to resume the
control of the large body of territory here
tofore reserved. in the hope of securing the
construction sof Pacific railway The
| four millions, over and above the half of
the public domain which the State owes the
school fund-the three millions dedicated
| by the Constitution to build new State
Capitol, and the one million also dedica-
ted for the State University--in all eight
millions of aeres-must be found out OF q
| little over 80 900. 600 OF acres which is all
the State now owns, after setting aside al
teInate sections for school purposes. Does
| not every consideration of our own interest
and that uf our postetiiy demand, that
these special claims should be first satisfied
before longer pur- -uing our course OF profit
gate and profitless generosity to mammoth
| Corporations oGr sHt1F3 RaE lu -aiafi
Texas has promised conditionally by char
ter grants to railroads 1913. 009, 240 acres of
the public domain, as will be shown 10y a
report made IN pursuance If q resolution
introduced 10y the undersigned. This
quantity is sbont four times the amount Of
her disposa6le public domain.
In the opinion of the undersigned the
Legislature cannot be justified in passing
any act that will leave the T, x+s aud p :
cItic Railway Company in a condition to
claim a reservation of the public domain
until the II, xt session of the Legislature,
and also TO demand and receive twenty sec
tious of land per mile for road constructed
since the first day of November, 1875.
The present Constitution dots not permit
the l. gislature to grant more than slxte, n
sections of land per mile to any railroad
company, and oIorbids any reservation OF
ldnhs for the benefit of the Ompany.s
1t wIn be said that the act now in ques-
tipn does not relieve the company from sDy
fnrfeiture; but this is not emo ugh il u for
feiture has been incurred and the com
pany is left in condition to receive and
enjoy what the Legislature has not tbs
power to grant. ~ ,... .g as.tfs, b.
The ordinance permits this Legislature 10
grant only such relief as may be consistent
Nth the interest Of the State In my opinion
it will not he for the interest of Texas to
grant the relief sought. .. .rsr ee, &
Respectfully submitted,
I- iiH A. W. TERRILL,
i gfa One Of the Committee.