The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1877-08-23

WILL rHE TEXAS AND PACIFIC
FORFEIT Or GRAB

studied the question as closely in the
interest Of the State as anyone, claims
that the Texas and Pacific Railroad
Company forfeited its charter.on the
fifteenth day Of July, 1874. While a
Senator in the Fifteenth Legislature,
10 his memorable light for the rights
OF the people against this powerful and
pfesumptaous corporation, he succeed
cd in securing the passage Of bill de-
slariug in part
That all reservations OF the public
domain for the benefit Of any railroad
or railroad company heretofore made by
law, and the right to which reserya-
ton has lapsed since January 1, 1872,
or mas heresfter lapse, are hereby de-
elaFed then TO have been severed from
the mass OF the public domain, and in
the event of forfeiture to the State,
are, by this act, expressly reserved
from location, except the three mil
lions OF acres OF lands reserved for con
structing new State Capitol and 9th
er public buildings, and TO actual set
tiers under the presumption laws OF
this State.
AS stated, it is properly claimed that
the charter of the Texas and Pacific
Railroad expired on the fifteenth of
last July, and by another act of the
Fifteenth Legislature it is declared
That it shall be the duty of the At
nnnnHal t,n1auo atharuuian ax
pressly directed by law, whenever suf-
ficient cause exists therefor, to seek a
judicial forfeiture Of the charters OF
private corporations; and he shall at
once take steps to seek such forfeiture
In all cases where satisfactory evidence
Is laid before him that any corpora
non receiving State aid has by the
non-performaDce of its charter condi-
lions or the violations of Its charter,
or by any act, or omission, mis-uscr or
non-user, forfeited is charter.
Under these provisions the STATES
MAN was led to comment upon the
fact that, without active measures be-
\ ing at once taken against the Texas
and Pacific, there would be loss Of
about 5000 sections Of land to the
State in favor OF this company-a very
! handsome land grab indeed-aud one
loudly dangerous to the State from
Artie fact that a forfeiture of tho char
ter would leave reservation to the
State for building State Capitol, and
for donations to actual settlers. The
opinion referred to, as bearing upon
the case Of the Texas and Pacific, was
one in favor of the Galveston, Harris
burg and San Antonio Railroad, in
which tho State has permitted the
question of forfeiture to remain dor
mant from January IS, 1876, to June,
1877. Certainly with such fact be-
fore us, it was reasonable to fear that
all questions of forfeiture might lie
dormant indefinitely. We desire the
State 70 mainLlin It's rights in all these
charter privileges, and in calling at
.on.ion 10 -thjs matter believe
wo have S>ne nothing more than
~nr ays>to the public interests. If
OUT ~
sSr9uestion Of forfeiture were not
1Eaised with the San Antonio road for
nearly year and half, FOR consider
ations duo Western Texas, it might
also appear proper 10 delay, as to the
Texas and Pacific, in favor Of North
ern Texas interests, which are ten
times moro powerful than the other.
The opinion OF the Attorney General
upon tile matter OF forfeitures will bear
us out in positions taken. If the Texas
and Pacific is 10 be dealt with, delay
will only permit legislative action
to be secured in advance of the
decision OF courts. Delay, approx
mating that extended to the San An
tonic road, would even give time for
the Sixteenth Legislature to extend
relief TO the Texas and Pacific. The
\ hardness of bringing suits and the de-
lays OF courts Is all that this company
desires to accomplish its ends, fer
moro than once it has displayed the
ability TO direct the acts OF both legis-
latures and executive. The opinion of
the Attorney General is subjoined.
4 Dates should be observed:
ATTORNEY GENERALS OFFICE,
AUSTIN. July z, 1877.
Hon. n. n Hubbard, Governor Of Texas:
Sir--Referring to your communica-
ton Of the nineteenth ultimo TO this
. Office, In which you desire an opinion
. as 70 whether the Galvt ston, Harris
burg and San Antonio Railroad Com
nsny should be Issued land certificates
/ for the completed road embraced in
tke-Teport Of Engineer t. A. Wash
ington, OF date May 25, 1877, have
vthe honor to say that upon an examin-
ation OF the subject, l am OF the opin-
ion that the certificates now applied
for by that company should be issued.
4 IL Il appears to your ExcellenoY that
the read has been properly inspected
and the law complied with in its con-
Etruction.
Although It appears from the act Of
Legislature Especial LAWS, 1875, p.
that this company was given until
january sS 1876, in which to
complete their said road to San An
tonic, vet the terms of the limitation
thus placed upon the company can
not be held ipso facto 10 work a for
leiture of any of the rights of the
company In case the road was not so
completed. The failure Of the com
Dany 10 complete to San Antonio with
the given time, may have been q
cause OF forfeiture, the suiicieney OF
Fhich WAS, and is, question for the
ourts. Il presented 10 them, which,
Is vet, has not been done.
Il also appears nom your excellen-
y's communication thar your prede-
ossor had approved the late inspee-
on Of a section Of the Tosd OF the
ompany, made in October, 1876, COM
leled after the twenty.-eighth day OF
annary, 1870. This fact, taken in
,nnection With the ether fact that
,ierompanyc contracted 20 extend their
BAD in good faith after the twenty
ehth day Of January, 1876, without
IN attempt en- the part OF the State
secure forggitere % It's chartered
rhts. ard have, within what
I'M be considered n reasonable
&c, completed their road 20 San An-
10, might be considered a waiver
the right Of the State 70 refuse the
"a bonus given 10 all such works of
efnel Improvements. Be this as il
), am Of the opinioa that refusal
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