The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1877-11-24

"a, ~ ,laaa afss en- RS seg aiile,r ass In.
's...sd Of r. qsissus. a. .e state t,g Exss soss
cost to tse cssa Ss:sES tsis ss..ls5s sds tsSli
ctfon 81 SD Is. 80 te Lsiss iutsS ss4s stale
stiG tsi.sE 1e tfse ASIA te-filS Gfo1
" la Ia z9astfei zsssss fiss6t a - .sIssz
lands IL I'D vi tsss espssEHc5i,sis nj szl ss.
- 81 So ssae.-e1esss1 stsss nses4t saya
been = ado IL siiss - p1st az the Texas RS
grFaftaa sf51 sreilt II lands l., IA .i'es.ls
AID Pssi nc all sss ti!, fi=fiIsS ssts,a-
Ell - les iliasi ia a spesA- ftIiss.e sitlsH. iEo
aH1drsi sFss of silt sast sfiiR', W5l-Ect
The tfaitls II strsiFa. es1i0 NAVE been etS4 4
-iAsli4g fS fasei tssf the qua L.
" ss g tNe,s9 of sseres. will state t.ist the
taSo-ds o. tt;e iaaa oftre show tine entire 4
quantity OF Land wi biz tue r,tserv t.en .ls.ls
IL Wa possible TOR the Texas and Pacific
company to esquire under the ACT OF A4y 2,
isss, lnciuG1nS 2aSss,esi acres in The sixteen
mile Aemphisan. I'll isHsc company 4 ressr
Y on, tiiss this STATE IA sd 40 legal authority 1
10 grant. under y decision efthe saprene I
court OF the United States, was bat 7,7sI eSo /
acres. and net s9.osn 90 scess as stated.
This cdnspteuoasiy inexAct stssemsnt as I
mad by a Gentleman. Woo, in a recent pno- 4
lie address, Is reported SOY ing =. that There
are times IS ilcti IL urss do faDre good than 4
speeches, ag,9 Il i about Us near the truth 4
~ many Other statements thai have been l
IuHde about the oOfnpAG. = grants. some Of (
which have bseu Basais k;sIiarantly, some 4
tfosa paLrtatic IN lives, anu hone perhaps !
rom interested or meTee5ary conssC:sfs- /
tions
Tnst the people of She state may estimate
tins prteeen cash Naitt- ~ the grant. in sus-
nishins 10 tie company the money required I
- construct upwGfd OF fur hundred mile. I
ID FaiiEay taas tss Increased the taxable I
safnss 81 th= country tributary TO IIs iiae !
slo1e than sour hundred per cent. IN four |
years Will ta.e III Gt its COMPANY a. ut1r
IS set besl. able 10 sell one - ouzand acres /
81 its isAft, anu A-th ngii II las an invest |
los II II. the state Of Upwards OF $500 a5t !
epo:s winch nor a soIiuT Of interest or rsye-
a - IL any form, has ever been resolved uy I
tts Swsers. tsie cumpEny has bsen NOR. !
ii tterly etiAc4Ea, aaG IGoro yEruse.t t.y /
.,.lii,t d, than psrhAps ANY other corporation 1
l..,,-, t,f instsacs, the action of that en-
bsnation OF spectators Ia iufid csrtitcstes /
notorious .hua grGsb rs, aa1 certain well I
.Saoah eneail OF fns cstn p8ny 5utefes;e
n pHeNeatlns an ext nsion CT IL raligaY
thTousa IL the Pacific su, who aIsi
.u= CORRIDORS ~ lac capitol at Austio itSt
year wien tnsir paid fohby ists and atfor
u5ys, s.sd Hssd every e1Sftlon 10 place shs
com any ia default. by inflssncloS Tie
vantage of an u'is-TridaSls de .Ry o. twenty
dsy IN eosn pietta Z II miles OF it's road.
delay hat Was oeeas.0Ded bs the cary log
away OF R5a river bridge on the Missouri,
kansas and Texas railroad, upon winch tbs
en- plry vas aeseiit.ent I. r Tao delivery Of
aeoaI u o thousand IONS al rails thas had
been purchased aud shipped by thai route
from Chicago, IL ample time buI sor tais
ossl-E the oIaibiaottos even &Jin. 40 far
~ The tegtsi azure, a2G keeQ them concealed
fiI several days nom It's observation-disclosures.
Then the house was under X eaii, IN their
sad .aHoFs 10 force JiouEafneHt ana 10
ssssofa 6 technical default
Ai1of lsr Il. stance in he recent action OF
the state in 80 promptly institlt!ng aud
vigorously pr, sec, ting suit agaiitst iEe
AIpany for the fl. fe itre tits land grant
aud reservation, granted oy tie conipr MISE
aes OF alag Z, 1873, for alleged default ia not
extending It's ROAD from Fora worth 10
"sstherfoF by Juty ., Iszf.
III cants=e TIE trt.rcs. OF the state wss th..
s>Is mo lag cause 'i Ist@ aie action, but II
| IL ihe coitiianys misfortune. thai a4.scng
| q" lorty yr III ~ gtsiiToad corporations
known 70 b5 in default a der their charter
! qutrnsaen.s. SUIT shoGid CEly have b.a n
| e,iilnsSszess.i against Tie Texas and Pasihc
con parry and that IT SHOULD have De. u
! brought iIi such not D0st- fu~ d-ys BET IRE
| congress was To assemble, NshEn AZ would
I he p the enefn - of the cola pauy la " ash-
ton In I've interest OF the com many M u T
/ sGeaf' ssfgt would bilsg into the state Of
fs3as at ~afus Of 50 90 OF toFt igc capital
| 10 be expended IN The straetiou Of a raii-
i,oaei be- .sson roFt worth an Ii raSo.
| This would Gem 20 nave lesli a case sFhe e
| official GUY m sht have osen tenn peTed
with discretion, Without irja airy - the IA llc
| Hesti, ~ IL was well kopsu when tii0 sui
WIS commenced, that the Hnioc ated lands
IN tho reservation We're OF little value III
! tlsht tne c2iftislD would BE- gate nuiin
after ti:s eftiRs8tss IL ras sfFs-tdy earned
seal he iocs ''sl, 10 make quit claim Of 4,
| 10 rights ~ the II eEvall0n, fras # all
ehae:e vr cost 10 the Stale, he cause OF ti.s NJ
ior = u tle=s'isss OF tne rs<s aiming lands Tor
agrics,l uTai In.paSes or Tor riinbsF.
In thls eSlnnectsop, II is proper Il, 5 tate.
| that the c3'epasy has seaalsd side 70 cry
acre III ESsEdCuij ar Gi.1 s1IIber 4Hna, .iiai
- Ntlc N@+s VI AHe grant. was bItD2Et-N
Within las Et-ss' yat;ou east of the tecos
river. ana Gi the 3,i9a, 90 acres OF public o.
nsttn between Peeos river, snd tbs Rho
i'Iahus. Lot uus-iRiri OF IL, probably no.
o.ie siS;i OF u I, .isFicu, turzl Or timbeE land
not enousa 10 aosord Tie certificates, a5oBt
Aisfv ttis.t taie comp ny n Is already earned.
end THAT no action OF tho sta can deprive
OF iheii i'tsoT Ti8us q location IN the re1ar-
l.SatiSn bsf5Fe lesa.
| a. has Ept bean Toe policy 81 tna eotn pany ,
and u Is believed not TO oa .or tba Interest II
the SLATE, tnat mineral or grazing lands
should be locatei Ia alternate sections aud
hsic b. the com pany, but that eneh shoul /
be ieit open TO miners pres rscttog for IN in
| eFnist Il for cattle ranches. 20 De located
ahd asseiope ,, or rproyed~ AID occG pide
under state laws
Tnas tue psopie OF lha state may clearly
compr bei u the truth, ard fully appreciate
| me probable gain TO The stare aud loss to
the iaI way com parry. by - forfeiture of the
| prinesiy domain and grants OF = "terTi-
| ioty large eaoash for al empt =" that dis
tinSdls bed statesmen are 50 fond OF tnikin. :
about, qfote from that one y no think )
| hgures dU more good than speeches one
woo tnt-nt &c suspected OF undue friendli-
| ness u aiiway corporations " hen, III speak
| K % the state, he said -'Sne has prom
issu 10 railroad coInpSE 60, 1ndeT existinz.
charters, lSo,VJ5, 20 acres. or ? bout four times
| IS much as she o rns Now II We VIII de-
duct From the Se.0N,0J which Texas does
Own; thv s,tOJJ9J Tor new capital, university
and free school sn3s. sacrsdiS dediN ed ly
law, exclusive OF the half of the public do
maj which she owe. the Ssh ol fund, sghGl
Is TN rsgsisi d 7slaaf1ls dos, fsisls a,,,f ,isL
oititetia 10 r d.fD'sgt mum tCgal2 10 ate.
| The u tn Is, that since tina com promise
Tex eDd Pacific act vf May 2, lsJs, WAS
passed iie eject of state legiSi attin las D.en
| 20 render the grants made by tHat act, valve
| las 0 TIA cs,Il pauy. First, 10y giving to Ia e
| iategp aiioca. railroad company, that had a
similar 4 AZ & OF $1,000 per uniie In oonos, u
| grant Of twenty sections OF land che sasoe 49,
10 lie Texas and Pscific, in lieu Of Tie bonds
| oGI with the right 10 ocst. them IA solid
| mat ing them noa-;sxsble for twrnt ~ five
Yeas. and making its r.ilway property also
I . ID frar - -
| lion oei1g the rcsut; OF a heightened contest
| oS twetrs The 1nterEsf onai railroad com pa
snnnt s2,t0i.'s of bonds to the eompany FOR
| roai 10 had CONSTRUCTED under the act max
| Ing the donation. There lnternati nal non
taxable certificates sell in tas market for
q aud faeitic| certificates. Second, py the
ststs's graut Of eight section. per n1iie for
| clearing Out bitches, these ditch oertffi ,ates
pstny also ncn-aiternstR or straight certifi-
| Gates, have the right of location in solid
bodies. 40 headrigi,ts are located, and their
price In the market Il double that OF the al
| teruate tfexas and Pacincl Certificates.
Third, by Its grsnt Of xtesn alternate c.
ton. Of land Per nile TO every company con-
structing marrow gauge railway; and,
fourth, by its action in max; pg grants und n
| special acts, aggr-gAting, according 10 the
report of the lAEd com .ssiotier, Is trti 24D
acres or more than four times the amount
| of the pubiir dom ain, the : CORDS show the
This state grant to the Texas AMI Psei1c
Talwsy company, was an implied contract
or AssurHtce. tnat parties 1nNSStfnK ca itai
in an enterprise so promoted by the state,
would be protected In the full en- ey tn-n. OF
the privileges granted. IL fosiovs. therefore,
That any action by the state impairing the
value or security Of sneh Investments, Ia
breach of faith and o,ntion of contract,
that. urdeT Ike circumstances between In
diyidusls, would subject the party at fault,
to n suit for damages.
The state, however, Is al oye law, and can
not lie sued, while tho railway company
must continue bound by the contract, and
can only record Its protest against any un-
Just state action.
ihe rule that she who demands equity
must do equity IL, however. quite rs much
a moral obiig lion, In sraus.c Ions between
the state ana a railway corporations, rs be-
tween individuals. IS In ell her case ft l. In
divtdual Interests that suffer from the wrong
douei and Il woaid cerfai0l5 be evidence 81
decsdeIce Ia the morals Of a pespls should
they, Without protest, permits state act 90 "a
their maine that viii seriously fc,urs or i'm
pair property and rights. 50 seq airei uudeY
a pledge OF tho pebble faith.
We do not believe that the People OF the
10 any act of injustice ON the parf of the
state; nor do wo believe they viii suxfain
those would -be leaders OF The people who
endsavor t. make political capital 10y
their nnreasouine, denunciatoFy haranguSs
against foreign capital, and by yirulsnt
contributed more THAN any other single in
ierest to increase the wealtp and promote
the ma seriAl development OF the STATE
This plain statement of facts IN prompted
~ no unfriend feeling toward the stale,
the state offtcisir. or the people OF tie SAFE
gross misrepresentation, and wflifut mis-
statements made as TO what the company
has Received from. and done for the stale |
aud SO many atternpts 70 place the com