The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-03-13
60
Extracts from senate journals.
EXECUTIVE OFFICE, |
AUSTIN. March IL. 1879 (

EXECUTIVE OFFICE, I
AUSTIN, March II, 1873 (
To the Honorable Senate and House of Repre-
sentative e, in Legislai ure assembled:
} herewl b -ubmit to Won the annexed memo
risl OF the principal railroad companies OF the
State OF Texas, in relation TO the regulation OF
freghts in article 4957 In the civil CODE adopted
this session OF the l. Gislature. They represent
very great industrial interest, and q very
large amount OF property, that has been fas-
tened upcn our soil permanently under the en-
enlargement Of the legislauve action OF the
State. That announcement has consisted OF q
loan OF money as 10 some Of them, and q dona-
III OF LAID and the passage Of a general law
indicating the mode and measure Of regula ting
freights and the fare Of MESSENGERS, as well as
stpGatio1s in relation thereto in their charters
Int liberal encouragement has induced them to
introduce into this ate many millions OF
money, and invest 1t railroads. that now reach
a most ,very lortion of the most censely settled
par Of the State. The benefits conferred UPON
such portions, without any special enumeration
OF them, M y be estimated by the great desire
OF o her sssuons OF the State to get railroads
cor stTuctsd for their use.
Anticipating thst some action night be taken
by the Legislature on this subject J. In nv in
sugar lca.led s,teni ion to the difficulty OF doing
IL IN such \ way rs 10 do justice TO the interest
Of al patties. now most rcsOec.fullv recon-
me = patis mt and serious conriGr ration OF the
facts anu views presented in this memorial.
The L gislltnre has the right to c,eare artih-
cial persons in the shspe Of railroad companies
and bestow upon thsm franchises. 1t has also
the right, as believe to regulate their conduct,
the anne IS II ihey wero natural persons This
Is a qus stion Of continuing an abidiag power in
successive legislatures 10 regulate the conduct
OF persons 6osh IatnrSl and NstiGcisl.
The doctrine that a privilege granted IN
cha Ter. creating artificial person, constituted
3 contract binding upon all future Legislatures,
was iudiciouslY settled when the subject was
one II little importance in reference to the
national inter, cts OF the country
l. is not so now, when vast amount OF the
business Of the country IL cauied or through
incofp1ra;ed Comnanies.
Tbs magnitude Of the subject now, as long
sincc ant eipatec, Isee % Texas Reports, p. 1870
VII 70 &C upon the county what | consider 4
more correct view Of e powers OF government.
as q has already been assumed in the second
scctisn OF the twelfth article Of our Constitz-
ton. adopted IN 1876
Waile / recognizs the power 10 regulate
nights. fully appreciate the necessity OF very
great caution IN the exercise OF 10, beg leave
10 SIX Of the Legislature . thorough examina-
tio1 in-o the subject before the rates under
Which the roads were Su II shan be altered to
tn II prejudlce.
Il should be reeolleeted that most,
tOnstruc ell at q time when the cost
OF construction per NILE was hieh; that in their
construction an intsrest-oearing bonded debt
had 20 be contracted by them, and thar Il was
only upoa cuch terms that railroads eolld then
have been built ~ all IN this State. We now
have the benefit Of them bliit on such terms.
Under thess eircamstanc = would recommend
that grsat care shoald be taken in lsgisl4ring
concerning them, that their Interest shonld
not Be pros;raiec IN the effort 10 DO justice be-
rosds v hich they have haiit-
Ia addition TO what has been said. I desire to
call your at;eru n TO the fact thar under the
statute General Laws Of iSs6, page SID u T.
made The cusy u the At orney General unless
o herstse cirec cd by law. 10 seek Judicial
forfeitare q all charters OF private corporations
secvivIns State aid ~hieh have not conforned
70 their charter stipnlations. While this power
sho1ii Dc vested II that o1lcer yes an inc tined
70 think lhst some discretion should
also he gwen him Ia determine whether Il l. 70
the tptcres, Of the state 10 prosecute such
suits IN each particular casa
Most OF tha railroad conp4nies 81 the Stale
have f4isc1 % Construct their roaee within the
tiEne prc-czihed IN the charters. Under the Law
tie Arlorney SenEr1l mast s4lre etepa 70 torfelt
the canes q S1rh companies New charters
nAf % one-lnSo 1noer tne SenerAl iAws and
unless some a1v1ntage % the state could b
ootAircd b. Ringing the suifa g this time, no
rcaeun il sen uhy the suits should Be bruught-
fhe c1ecrcilon % cecs rEllne ttar Dlehr vel Be
let % lhe ALtc1ney Ge1eEd rsgre.snting tho
: ala Q. n 1c1EExs