The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-26
Politics i'm Texas.
GALVESTON, Jan. /, 1882.


GALVESTON, Jan. l, 1882.
To the Editor of the Herald:
Texas is and will continue for
some time to be Democratic state,
because the majority which ought
to constitute the opposition never
has been. is not, and cannot for the
present be organized. 1t has no or
gan. On the other hand, the Demo-
cratic party is we'll organized, has
an abundance of organs, such as
they are, and implicitly submits to
the drill of experienced politicians,
who, i'll general, held office before,
during and since the war, and have
an excellent prospect of continuing
to do so. The only subject of politi-
cal discussion that now appears in
the newspapers of Texas is whether
Senator Coke will be reelected, or
whether Governor Roberts will be
sent to Washington as his successor.
The partisans of each continually
print paragraphs asserting that the
one they prefer will be elected, and
making disparaging statements az
to the other, but all forbear to pub
lish the facts which determine which
of the two will most probably be
elected. They are mostly found IN
the statute books and reports, and
are briefly as follows:
When the International and the
Texas Pacific railway were char
tered each was granted a subsidy
per mile i'll bolds-each, if COM
pleted through the state, was to re-
ceive $6,O00,000. The then attorney
general, believing that "the legisla-
ture had no constitutional power to
levy tax for any other than a pub
lie cpurpOse," as is stated in "Cooley
on Constitutional Limitations" Opp.
129, 4S7-495), and as has since been
b6fiftu bfiftu otatess HI ~ SnTic aTTacG page
665), and also by Judge Dillon in 2
Dillon's Il. (page 362), advised the
comptroller not to sign the bonds.
The railway company attempted to
compel him to do so by means of a
writ of mandamus. TO this suit de-
fences were made as follows: 1t
was contended that the court had
not the power to compel an officer
to do an act involving an exercise
of official discretion by mandamus,
and that if it had the power the act
granting the subsidy was uDconsti-
tutlonal, because the legislature had
not the power to levy a tax for any
other than an exclusively public
use-which q subsidy to - railway
corporation was not. This suit was
tried when Senator Coke was gov
ernor and Governor Roberts was
chief Justice A special Judge was
appoin led by Governor Coke to sit
in the case with Chief Justice Rob-
erts. The supreme court, so consti-
tuted, thought proper to decide the
case on the first point of defense and
gave no opinion on the other, though
| it was mainly relied on, and had it
been also decided in favor of the
state it would have been as effectual
q bar to land as to money sub
sidy. Thereupon the international
railway company at once avalled
itself of the omission and obtained
an immense land grant, to be sur
veyed soldly Il. e., without survey
ing alternate" square miles for the
public schools, as the constitution
required) anu exempted from taxa
ton for twenty-five years. Other
railway companies obtained similar
land subsidies, only they had to sur
vey alternate sections for the school:
and to pay taxes upon the lands they
got. How the survey of alternate
sections for the schools could bt
avoided in any case under section
of article of the constitution o
Texas, and how the..exemption from
taxes could be made under section
/. 5 and 8, even if land could b,
granted for any other than exclu
sively public use, has never been ex
planned.
That being done Governor Cox,
was reelected governor and sool
after elected to the United State
senate, and Chief Justice Robert
was elected and since re-electe'
governor. Each is now candidat
for the United States senate. Th
Democratic party elected and re
, elected each with full knowledge G
their acts and omissions as to tn
land subsidies to railway corpors
; tions. 1t is not to be presumed ths
those corporations took no interes
! in their election. Suppose for me
, ment that man not of the Demo
cratic party and who would enforc
the law as laid down by Judg
. Cooley. by the supreme court of th
: United States and by Judge Dillol
r and would also enforce the section
of the constitution of Texas aboy
cited was now governor. what woul
J, be the inevitable results? The raj
|, ways would lose all their subsid
o lands. The schools would gain tt
: alternate sections obtained by ii
International company and IL
people would be relieved from tax
ton to the extent that the la
n named corporation was exempte
g But the Democratic pal ty of Tex
u would be ruined. While Coke w
II governor he never questione
Y the solid land grant or the e
" emption of the International col
pany or the land subsidy, extendt
= in q modified form to other railway
i Governor Roberts has followed b
If example. He, however, has Z
# great advantage over his rival
: Being the governor at the time tn
~ the election of United States sen
E. tor will occur. If he should
e elected ss the successor OF Cox
s. Coke can do nothing. II, on {
,f contrary, Coke should be elect
"a over him, Governor Roberts has
o. in his power to do what his duty !
q ouires him to dO-to cause the Ian
+ that. contrary to principle and
a. the constitution of his state, ha
been granted as subsidies to privi
a corporations to be rescued and d
al piled to exclusively public us