The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-03-23

the 18th section attach to failure to
build upon the new or substituted rate !;
/ for to that failure n definite penalty is
/ affixed in the act of March 10, 1873, which
| penalty has been fully suffered, since the
| forfeiture OF the land grant upon the
road not constructed upon the new rate is
| declared against the defendant-company.
This exemption could not be allowed
unless, as here, it is expressly and clearly
| given. 1t is conceded that the grant OF
| exemption should be strictly construed.
But finding it clearly given and nothing
| to affect it, it must be reassIgned.
| G. Nor is there anything in the charter
as amended taking from the company the
| right TO construct the railway between
the points Jefferson and Laredo, upon
the mere failure to construct at the rate
prescribed as q condition of receiving
the land grant. The purpose of the SUBJ
stdy (bcth bonds and lands) was ''to pro-
mote the rapid construction of the said
railway" etc. The time for the entire
work, under the computation in the
amended charter, has not elapsed. The
route not built upon March 10, 1870, was
about $50 miles, between Jefferson and
Laredo. At the rate of forty miles each
year, eight years were regarded as the
proper time in which to build the entire
road. This extends to July /, 1888. The
road has been further advanced towards
completion than the rate OF construction
in the law requires. Only about fifty
miles OF the route remains unbuilt.
There can be no complaint at this time
of nOn-user of the franchise. But none
is alleged in the petition merely as such.
Z. The state will not be without reme-
dy for nOn.user, should the defendant
company fail to construct the DAD upon
the remaining fifty miles, such as the
charter requires and within a reasonable
time.
s. The charter, original and amended,
treats the franchise as susceptible of linn
itation to that part of the route upon
which the-rOad shall be completed.
8. Even if different rule as to eXemp-
ton from taxation could apply to the
lands granted, the holders not being be-
fore the court, their rights cannot be de-
termined.
10. The grant OF lands for the line from
ROckdale to PalmValley was saved by the
ordinance of the constitutional cOnven-
ton. The legislature adjourned August
q the section of The road was completed
by July 10, 1876.
IL. The land grant for the twenty-oDe |
miles, from Palm Valley to Austin, is |
within the terms of the law. The road |
was built by December 2S, 1876, and with
in one year after July l, 1876, the law alt
thOriZed the issuance of certificates upon
completion of sections of ten miles. The
fol fixture for not completing the forty
miles would not destroy the right to the
land upon that part upOn which the road
had been constructed, within the terms
of the law.
II. Damages are not proven, and can
not be allowed.
1t will be decreed: First-That the
land grant be adjudged forfeited upon all
the railroad between Jefferson and La
redo, not completed at the filing of this
suit, viz: From Austin to Laredo, and
from point north of Longview to JEFF
fersOn. Second-That as to other mat
tiers asked in the petition the prayer be
denied. Third-That the defendant pay
costs of SUIT. A. S. WALKER,
Judge Sixteenth District, etc.