The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-02-01

OF october, ltb0.
4. 10 the Houston \ Texas Csnirsl railroad
company the sum ef $3.50, Geo, and between the
1851 dag Of Aqril, Isl and the al day OF Au-
| sust, l6sy.
3. To Inc wsshisgtsn couRty railroad COM
/ psuy the sum OF tGj, OQU on tho 18th day Of
| JgGe, A. D., 1853.
6 10 the Soul eru Pacific railroad com pa
NY the sum 0; ESQ $50, on the 5lst day Of Nay,
! lsG9
10 is thus seen inst sl the loaus were 50
made between the 18th day Of April, 1851, and
! the 3lst day Of May, leG.
! Tho act under which these loans Wer, mrdo
Was passed August u, lo5G. General LSws,
| 1856, page at,)
| 1906 General Laws, page 57); and bSain on
! Jasusry -, 1853 (Gonsra Lava 1853, page %
| An examination OF these amendment, viii
show that they cut no figure with ia, qutg.
tisnsHow uadsr cOusldeTAtisB; o. neither do
ina ects Of JasusrY IL, 1859, aud January
! x, 1852.
As the nrit act, Jan II, lss2, was istanded to
relieve the companies, who had borrowed the
! fund by extending the TINS within which tie
| interest aud sinking iuad should be paid until
! January ], 1861, or until six months ffter he
| trnln alton Of the war Thea being w2gtd. and
co0tained pruviee that the act Ia nOwiss
should impair The lies Of the stsle, &c. And
! tha act of January IL, lSf2 prov ded for the re-
| iuvsttment ef the fund, etc, or rather the re-
| peal OF The set of February rs, 1890 These
| acts, 1t is submit d, do not In huy manner
Affect tho questions now being considered but
! are aimpiy referred to Ms psrJ Of the Mstnr,- ol
the tr,Ataitioas between the ftate and The
| c0upaniss Up D., ans. 3jl7, ct ssQ)
| @ come ROW 10 the COnSidsra ION Of the
! acts If December 10 1905, and OF Nay %, 1854,
| and Nsy,mber ID, 1854 ee Z. D., articles 3j-l,
| eL seq
The act Of December 1853 authorized Tho
| cOmptrOlertO receive from the railroad com.
! pabies Indebted to the special cnsol find
all interest on their bonds then dRo, or TO be.
I ff Il i.f.r a Il
! previously 10 the me ting Of the succeeding
! regular session OF the legislature
| This act was amended oH May g, l-G4 90
that iis provisions ebonld rot apply to any
| company that should fail or refuse to take erch
bsnds or warrants Tor freight and paIsags, Al
par, with specie, etc. (Sea +. D., articles
| 1924. etCl
Again, on the l5,h day Of Noyem,
permitting thsss companies 50 indsbt-d h
The special school fuud Ia continue. 10 pay the
iatersSt thereon In the warrants, bonds and
coupons Of tho state, and TO discharge the
whole or any pSrt OF the principal Of their in.
deb. sdnssn In the Egms manner provided tb v
houla satisfy the comptroller kat the war
rAEtl, bends and cospOng Of the state are re-
ceiYtd 10y thtm al pur with specie for freight
and passenger travel, etc. (-ice General
Lava, 1865, page IA, l. D., articles SIS and
$500
Undcr this lssilatios, to-wit. the sets OF
1853 and lsSi-aeayG referred tO--th8 Buffalo
Bayou, BraZOs % Colorado coEs pahy, tho
Houston Trxas Central company and the
Washington County railroad company claim
20 have made large payments 10 the stste in
her bpnds, warrints aud cOupsas. (see
cnmpU"llsr's report
Iheso payments, II payments they may b.
! called, appear to hive beGn made between
January 20, 1861, and May H., lSt5, aud to ag-
| fregsta the sum ot $3.50, 1853, not meludlE e
those msda by tho Houston Tsp & Brazorle
| roads, Hllerwaras soto out by the state.
TINS brings as 10 X cDnsiE Grafton of The law,
OF the state upsu Tho subject Involving these
loHrs, passed since lho close OF tho war IN
May, 1876.
Tho constitutional convention Of lsBs do.
cis'e4 BY crd'nA CO, uuuuE other thiugs, that
vi ddttH cr0stoi by che staJa Of Tpx2s IN qil
Of the lato War,directly'or indirectly should he
null asd void, and that the lc -isisture should
b va no au b0rity TO hHtums q make auy pry-
ylAiyn the payment thereof, (se0 ordinance
No. 2
Ia addition 90 this the legislature was far
hidden by ordinance OF thu coaytntleu To "a.
sumo or proWds by taxation or otherwise for
me payment Of any claim or pretended la
oility OF tho STATE II this special fund. eNcapt
to provide for iisuluE coupon bon5s Of tic
state Tor the amount the rGof that had born
Transferred from The university tUud 10 state
reVenuh account In February, 1860 (Sec crdi-
nance No, -, convention 1850
IL Is Unnecessary Ia consider further the pro-
visions OF the constitution of 1866 aid The
erdinanceS of the convention which framed II
than TO say that, In 90 far as tR convention
VAS ceseernsd, 1t did ntthing that could b.
construed rs changing the status OF this f1nd
The next legislation upon this subject IA
found In the constitution OF 1863.
This instrument required tho Legislature TO
invest the principal Of the school fund in the
boEds OF tho Uuitdd States government, end
ltrOld ils Investment In any other security
(sectlOn ., article D.
An declared that, as baslr for the estab-
liShment ara endowment ofpubllcfro. schools,
an me FUNDS, lands and otheTpruparty hereto
iOrs set hp3rt and appropriated, or hereafter
Bsl apart and appropriated FOR that u muse,
should continue the public school fuad and
Shat no law should ever be passed GpproprRt-
ing suoh iund for any other use or purpose
Whatever (Eectcn o., article 81.
The first legislature assembled after tHe
Moption Of the constitution Of lsC9, on the
18Th day stAugEst, 1870, passed sn act entitled
An act Tor the relief of railroad companies
Indebted 10 the state for loans from the sppcIai
school fnss General laws, 1879, page S5)
This act, rs it's preamble reotos, was In
tended 10 tslioV. the gaid companies from the
penalty incurred by their failure to ray Inc
lnlSrast ana sinkng fShd upoA The sums ber.
rowsd FROM the state.
This act pernittsd companies so iadebeblsa
10 avoid the sale Of their roAdk by paying into
the treasury ell the lat day oil Novombor, 1870.
~ months interest ON tho aggregate Haouni
sue on account of said loans, principal and
lhtersst, &c said sggrsEate amount stood on
tho lat day OF Nay, 1879; and by the payment
In addition on said let day sf Noyenber OF
ono per cent. upon asld aggregate Amount TO
be hppltsd toward the sinking funu provided
Tor by the then existing laws In respect 10 said
loans, etc, Nnd by continuing 10 pay Into the
treasury or the state ak months interest, and
Sne per esat on aecouat OF Sald sinking fund
sami-annually thereafter, wit: On tho frat
dayR OF Nay and November OF each wear.
Tho socond section of this act ptoVldes that
II any company shall fail to comply with the
ii0Ietolng provisions, and pay the amounts as
theren required, that the whole eff the debt,
otc, Should beeGms due and PAYABLE AT ones
and that the governor should proceed 10 sell
all the property Of such company-the sale 10
hemade and conducted as providS cd IN the act
of August 49, 1876.
1t viii further be noticed that this act alsn
permitted coMpauies which desired to do No, to
Ray the amsunt OF such indebtedness at any
time after giving the governor thirty Gays
notice thereof
Thn next legislation on this subject IL tn aat
OF tue Iwefth Legislature, cntitsd can act
for the RELIEF OF the Houston 4 Texas Central
railroad company found among the vol
ume Of spaciQl laws, on page SIS.
Tina biIl has n ii story repleto with intsrest
which win, no doubt, bs bOOWn some day,
but for the purposes of this communicating, !
shall notice 1t only In 30 far as it NAY susct
the questions under consideration.
II may be assumed, that in SO far aS this act
seeks TO affect the special school iuAd, leaned
TO the Houaton d Texos Central ccrlpany, and
the Washington county railroad company, a.
would OS construed with the general law siioJ
above, az Two lava upon the aa.ne tuhiact
patssd at the same session Of the lerislsinre
tho former general, and tho iattor n speelai
act.
In the case OF the Houston X Texas Central
railroad company, against II N. Odsm, do
clSed DJ our supreme court at its lata Austin
TORN, the question as TO Tbs congttutonslity
OF tho special act under consideration, was In
measure pas ed upon by the court,