The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-08-03

" hlCn IL Is luEcuuSl 10 operate
The undersigned desire in this connec-
ton to call attention to the language OF
section SO article g. of the Constitution:
" ~ectiun So No law passed by the Legis-
la,ure, except the general appropriation
bill, shall take tff'ct or go into force until
ninety DAYS after the adjournment of the
session at which it was enacted, unless in
case of an emergency, which emergency
must be expressed in preamble, or IN the
body of the act, the Legislature shall by
v, te of two-thirds of all the members
elected to each house otherwise direct; said
vote to be taken by yeas and nays and en-
tered on the journals"
Ii. in the face Of this section, an act can
have the force Of law, which is TO operate
only on the first thirty days OF time after
our adjournment, which period must ex-
p re sixty days before the act passed by
msjority vote can gn into Feet. it is diff
cult to understand the value of consIitu-
tional restrictions.
The bill, from Is phraseolngy, seems in
tended to relieve railroad Companies from
causes of forfeiture incurred even before
the adoption of the ordinance of the con-
vention in relation To railroads.
The undersigned submit that this is for
hidden by the Constitution. The ordinance
by ITS terms only relieves railroads from the
consequences of forfeitures incurred after its
adoption, and up to the close of this session
of the Legislature, while the Constitution,
in section SO, of article B, expressly de-
clares that the Legislature shall have no
power to release or extiDguish or to author
thorize the releasing or extinguishing IN
whole or in part the indebtedness, Inability
or obligation of any incorporation" etc. In
the opinion uf the undersigned this clause
of the Constitution Contains Ii limitation on
| the power of the Legislature To relieve any
railroad from a failure TO comply before the
adoption of the ordinance with any obliya-
ton contained in its charter.
| The undersigned respectfully submit that
while the TexAs and Pacific Railroad Com.
psuy is not mentioned in the body of the
bill, it is idle to disguise the fact that it
was intended more especially for the relief
of that company. We will not pause to
trace the history of that company and of
its predecessors for the last twenty years,
but we call attention to the fact that
the act of March, 1875, contained the
promise (among others) that the Texas Pa
| citic Railroad Compa.y (meaning the Texas
and Pacific Railroad c .mpany) shall con-
| tract and put in rudning order as much as
| twenty miles of road between Bronkston and
Texarkana by the first day of November,
1875. 1t is a matter of public information
that the Said company did not construct any
road between BrookstOn and Texarkana by
the first day of November, 1875, and mas
much as by the original provision contained
in The act of May ., 1873, the company
should ''furfeit all donations of land and
reservations of lands upon forfeiture to
construct as required by law" it follows
that the failure of the said company to
build twenty miles Of road between Brook
ston and I xarkana by the first day of No
vemher, 1875. was q cause of forfeiture of
all donations OF land and reservation of
| lands, unless it can he shawn that the said
company was relieved from the require.
mens of the act of M:rch 10, 1875. Il is
pretended that the said company was so
reli, we'd by the ordinance of the Coustitu-
tional Convention, passed November 23,
1875. The language Of The SAID ordinance
plainly forbids any such conclusion; that
language is as follows: THAT III view of
the financial misfortunes no existing rail-
road company chartered or holding grants
under this Safe 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 10y virtue Of lapse of time be-
taoeeR ROW and that time "
1t is not possible to give the ordinance o {
the convention any retroactive effect. IL
cannot be interpreted to operate backwards,
because the language IS TOO plain To admit
of any such Interpretation.
IL will be contcnded that ii is harsh treat
ment to refuse relief tn this company. In
this view we cannot concur. While it is
not our province or du'y 10 inquire into or
state how it happened that while Texas was
exhausted by civil war which drained
| h..rr md INN ria haH har
donation of six millions of money was
promised to non resident capitalists own ny
n railway. Sull we do say that the Legis-
Iature in 1873 was under a species of cOer-
cion to make the.large land grant and the
immense reservation in favor of this COM
pany to escape from the intolerable burden
of that six millions subsidy debt. We can
all /, member the astonisbment with which
;he tax-paying people, many of whom were
then disfranchlsed--s iaIs~d-~h-,- e-~-iiea If
that subsidy debt and the universal dissat-
isfaction it produced. II is matter of
history that the act of 1873 which secured
the company that immense reservation, was
intended to preserve the State from the i'm
putation of violated faith. That reason no
longer exists and the undersigned is una
BILE TO see why Texas should not now re-
sumo control Of her own domain.
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 il, by guarantee of the interest on its
bonds by the government. What is this
but IN admission by the company Of its in
abli y TO construct Its railway without such
aid from the Uiited States Is il right,
under such circumstances for this State to
permit corporation to tie up from settle
ment so vast public domain after repeated
extensions granted on assurances OF az
ability to perform in the future
, There are urgent reasons why Texas
! should not permit herself tn be longeI
trfrd with by this giant monopoly.
The claims OF the school fund upon the
public domain, as already defined by law
emitting it to four millions OF acres NOR,
than the INDICATED half remaining, To com
pensate for that quantity granted the In
ternHtionul Railroad COMPANY, the necessi
~ to utilize three millions of scTes set asid'
toy the Constitution for the erection of pub
IIc buildings and other purposes, and th'
. Importance of securing to actual settler
our land, are considerations that appeal e
y this Legislature TO resume the control o.
the large body Of territory heretofore re
served, in the hope of securing the con
struc'ion OF Pacific railway. The fou
& millions, over and above the half OF thu
= public domain which the State owes tbs
4" school fund-the three millions dedicated
by the Consultation to build q new ) az
Z Capitol, and the one million also dedice
ted fer the State University-in ali eight
millions Of acres-must be found out of I
little over 80, 0O0, 900 Of acres which Is eli
he State now owns, after setting aside al
terpate sections for school purposes. Does
not every consideration Of our Own interest
= aud that Of our posterity demaud, that
e these special claims should be irst satisti q
II b. fore longer pupuing our course Of profit
ga and profitless generosity TO mammoth
y corpora ions
= Texas has promised conditionally b,
u charter grants to railroads i2S.OS9, 24s
II acres OF the public domain. Tbis quantity
/ is abnut four times the amount Of her dis