The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-07-27
Minority Report 4 senator Terrell On
Senate Eitf NO. Sos.

Senator Terrell, from the Committee on
internal Improvements, submitted the fol-
loving minority report: '
/ The undersigned, a member of the Com
mittse on Internal Improvements, to which
committee was referred Senate bill No.
313. entitled "An act for the relief of rail-
road and other internal improvement COM
panies," cannot concur in the resolution of
smajority of the committee that the bill as
amended do pas for the following among
other reasons: While the bIll is general in
it's interests, its main purpose Is 10 extend
relief To the Texas and Pacific Railway
Company. The undersigned is not in
formed that any other railroad or internal
improvement company in the State will de-
rive any ben, fit or advantage from the
passage of this bill. This being 50, the in
PRODUCTION of the bill is violation of the
spirit of the Constitution, which provides
that ''no local or special law shall be
passed unless notice of the intention to,
apply therefor shall have been published
in the locality where the matter or thing
TO be affected may be situated, which
notice shall state the substance of the con-
| templated law and shall be published at
least thirty days prior to the introduction
into the Legislature of such bill, and in the
| manner to be provided by law. :" l,
The original bill SIS referred to the COM
mittee was intended to cure forfeiturs.
1 the lands and reservations of land sec
To the Texas and Pacific Railway Con
| by the act Of My 3, 1873. because o - s
| failure of that company TO construct a ps6t
of its line of railway AS required by law,
so far as the Legislature has any power to
cure failure; and while the bill, as amend
ed by the committee, does not undertake
| TO grant any relief 10 any company that
has incurred any forfeiture, its passage,
in the opinion of the undersigned, would
leave the Texas and Pacific Railway Com
| pany in position to enjoy benefits to which
4 It is not by law entitled. In order to pre-
sent the merits of this question to the con-
sideration of the Senate, it is necessary to
inquire into the history and the present
position of the Texas and Plciic Railway
! Company this will do as bInhy us pos
sible. @l'
! More than twenty years ago, the Lcgis-
lature of the State Of Texas Incorporated
two companies, the Southern Pacific Rail
road Company and the Memphis, Ell P.so
and Pacific Railroad Company. and gave
| TO each of them the right to build a rail
| way from the eastern boundary of the S ale
| TO El Paso on the Rio Grande. By an act
of July 81, 1871: the Legislature incorpo-
rated the Southern Trans Continental Rail
way Company and gave to it the right to
construct railway from the eastern boun
dairy line of the State to El Paso. By the
terms of its charter, the Southern Trans
Continental Railway Company was author
ized to acquire all the rights and franchises
of the Memphis, El Paso and Pacific Rail-
way Company, and in pursuance of such
authority became the legal successor of that
corporatiUn, which, like others since char
tered, was more notorious for its promises
than their fulfilment. ,5 F,-5.,--l.,r, ~
| By an act approved March 3, 1871, the
Congress of the United States created the
Texas Pacific Railroad Company and sub
sequenJly changed is name To the Texas
and Pacific ilway Company. On May
"a, 1871, the Legislature OF Texas passed
an act entitled ''An act to encourage the
speedy construction of railway through
the State of Texa. to the Pacific Ocean
This act donated six millions of dollars in
the bonds OF the State to the Southern
Pacific Railroad Company and the S uthern
Trans Continental Railway Company and
the former of these two companies was
required to build It's road by way of the
city of Tyler, in SIN tn county. Tue whole
of both lines was required by this act to be
completed 10 the point of junction at Forl
Worth by the first of January, 1874. Tnii
act also provided tha: ali the rights, bene
fits and privileges gram ed and intended tt
be secured be the act to the two conlpanie,
above named might pass to and vest in til,
Texas Pacific Railroad Company in the
event of a consolidation of the three com
panies. Tne CONSOLIDATION of the companies
took place aud the Texas Pacific Railroad
Company became and is now the legal sue
/, I1.c ~, ii.
g mpany and of the Southern Trans Con
Linental Railway Company.
l. The act of May "a, 1871, contained 8
provision that the Legislature might sub
stitute for the bonds donated 10y the act d
grant of lands whenever the Legislature
bad the power to grant lands in aid o.
, works of public improvement.
81 The Texas Pacific Railroad Company wal
, not satisfied with the provisions of the ac
of May 2l, 1871, and in November, 1871
e procured the passage by the Legislature o
an act providing, amongst other things
that the road should not pass by way o.
the city of Tyler. This act of November,
1871, also gave to. the company the righ'
To build a road from Marshall to jefferson
but provided that the company should 40
be entitled to apply any part of the subsidy
gianted to the road between the city o
Marshall and the city of J fferson. ss
The Constitution of 1869 was amended
so as to empower the Legislature to gran
the public domain In aid of works of in
I ternal Improvements; and on the secoad o
r May, 1873, the Legislature passed an nc
. entltled An act to adjust and delioe tn
! rights of the Texas and Pacific Rsilwa,
q Company within the State of Texas, il
order to encourage the speedy construction
of th fhxaG To. tkn4 ps
cifc Ocean" This act granttd to tn
! company twenty sections of land for ever.
{ mile of road constructed within the Stat
/ on all its lines, including the line from
! 4 Marshall to jefferson, Tor which the CON
pany was not entitled to receive any sub
1 sidy by the terms of the act of November
E 1871. The act of May 2, 1873. extended
. the time allowed the company b, the pre-
vinus acts within which, TO construct th
several lines of road and provided '.stha
should said comp my fail to complete eithe
. of It's said lines within the manner an,
: time hereinbefore prescribed, to the poin
' of Junction (meaning Fort WORTH it shal
o thereafter forfeit all right to any donation
of land or donation. OF lands except upo
{. its completed road. !"
e The company, not being able to cnmplet
o its liEes of road within the time prescribe
by the act of May 2, 1873, was instrument
al in procuring the passage of an act b
8 the Legislature On April 30, 1874, eniitle
d ''An act TO extend the time for the cor
struction of works Of internal improv.
ment." THIS act extended the time with
0 which the company was required TO con
i plete its lines for period Of tweiv
a months. eh i1 slim 3 iia1 -
The company was not able 10 ccmpl
>; with the requirements of the act OF Apr
80, 1874, anu was instrumental in procurIn
: the passage Of another act, approved Marc
Q Is, 1915. also entititled a. An act TO exten
T the time for the construction Of works {
3 internal improvement tsfa 31lW 49,
This last act contained the promis
(among many othersl that the Texas Pac
r fic Railroad Company (meanipg the Tex