The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-03-23
THE STATE OF TEXAS
VERSUS THE INTERN ATIONAL
AND GREAT NORTHERN
RAILWAY COMPANY.
Statement of the Facts and Points
of Law Found by Judge
A. y. walker.

Statement of the Facts and Points
of Law Found by Judge
A. y. walker.
The State of Texas VS.. The Int national
and Great Northern railroad company.
No. 5466. In Travis District Court.
March. 1882.
This is proceeding begun May 4, 1880.
by George Mccormick, attorney general,
under section %, article iv of the cOnsti-
tuition, against the International and
Great Northern railroad company, seek
ing forfeiture of its charter, for alleged
failure to construct the railway as obliged
to do by its charter.
The evidence on the trial is given below.
l. San act to incorporate the lnterna-
tional railroad company, and to provide
for the aid of the state of Texas in con-
suucting the same" approved August ),
1870. Special II. II leg. chap. 81, PIP. l04-
llO)
2. San act for the relief of the Inter-
nat Onal railroad company, now CONSOLE
dated with the Houston and Great North
ern railroad company, under the name of
the International and Great Northern
railroad company" approved March 10,
1915. Ill. IA leg. chap. 40, PIP. 69-I3.)
| 3. Acceptance OF the terms OF the re-
lief act, approved March 10, 1875, by the
stockholders of the International and
Great Northern railroad company, filed
with the secretary of state April ,, 1879.
4. Inspection report OF King and Sum-
ner, of twenty-fOur miles of the lnterna-
tiOnal railroad, between the BraZOs river
west to ROckdale; showing it, proper
construction and dated February D, 1874.
In this connection the attorney general
stated to the court that no forfeiture was
sought upon any act prior to the "relief
act" March 10, 1875.
3. Inspection report of Hrlderman,
showing proper construction of the
railway to Congress Avenue. Austin,
from Rockdale, IA distance of about u
miles. Report filed January 80, 1877.
9. 1t was shown that from point east
OF Longyiew the defendant cOmpany had
| constructed 176 miles to the BraZos, near
Hearne, of completed road; being about
200 miles of completed road from Long
view to Rockdale.
7. The road was completed from Rock
| dale to PALMS Valley (near Round ROCKY
before July 10, 1876. and from thence to
Austin before December %, 1876.
8. In 1871, the route had been surveyed
between Longview and Jefferson, the
right of way partially obtained and de-
pot grounds purchased at Jefferson.
0. Between January 1 and May l, 1880,
| survey of the route between Austin and
| San Antonio was made and right of way
partially obtained. About May /, 1880,
work was begun in the extension of the
road beyond Austin, and the work was
completed to San Antonio by FebI uary
1, 1881, and to Laredo, on the Rio GTande,
December 10, 1881.
10. The defendant company has re-
| ceived 523S land certificates from the state
for $40 acres each, under the provisions
OF the charter. These certificates were
worth from $40 to $500 each. None of
the certi icates nor any of the land is
owned by the defendant company-all
having been sold.
IL. The exemption from taxation has
been enjoyed as provided in the relief
act, save that suits are pending in some
counties contesting the exemption.
II. That part of the road between Aus
tin and San Antonio Is the most valuable
earnings more. The road from San
Antonio to Laredo does not produce any
net revenue.
ID. 1t was estimated by the comptrol-
Ter as witness that the road, with depOts,
running stock, etc., was worth $4,000
per mile.
IA. The fifteenth legislature convened
April Is, and adjourned August q. 1876.
10. The "Ordinance in relation to rail-
roads" (oi the constitutional convention
Of 1870 ia evidence provided that ''no
railroad company chartered or holding
grants under this state
shall be considered as having lost any OF
its rights, privileges or grants prior to
the close OF the next session OF the legis-
lature OF this state by virtue of the lapse
of time between now and that time"
16. The defendant company was refused
bonds upon the construction of parts of
the road prior. TO the compromise act.
Suit was brought November Is, 1878, to |
compel the issuance of the bonds. The
suit terminated in the decision by the SUI
preme court refusing relief to the COM
II. Reports OF W. p. Hardeman in
spector, appointed by the governor,
showed that since the filing of this suit
the defendant company has constructed
the road from Austin to San Antonio $50 |
miles), thence to Laredo Q54 miles, total
about 234 miles. The report shows that
thk road is well built, furnished, etc., in |
accordance rs to work or with its charter
Is. The executive officers of the state |
have refused to issue land certificates for |
the road completed beyond Austin, and |
on the appointment of Hardeman TO in |
spect it was known that such inspection |
was not to be considered basis for claim
ing certificates.
10. The distance from Jefferson to
Longview is about 60 miles, thence to |
Rockdale 200 miles, thence to Austin |
about 81 miles, thence to San Antonio |
80 miles, thence to Laredo about l54. or
the route from Longview to Laredo about |
road to be built March 10, 1879, when the |
land grant was made.
There being no dispute as to the facts, |
1t devolves upon the court to ascertain
the law.
The act for the relief of the Inter-
national railroad company, etc., approved |
March 10, 1915, expressly repeats ''all |
other laws and parts of laws inconsistent |
with" it. No question therefore of i'm |
piled repeal arises to control the full ef-
feet of every part of this compromise
act.
The land grant of twenty sections per
mile for the road between jefferson and |
Laredo is substituted, instead of the |
bonds granted in the original charter. |
Total al complete exemption from tax
alton, extending to the lands granted, for |
twenty-five years, is given, instead OF for
five years. The character of road to be |
constructed Is defined by reference to the |
general railroad laws. The lands are to
be sold within fifteen and twenty years,
etc.
section of the act of March 10, 1875, is |
as follows: "rhat If said company shall |
fail to complete the construction of said |
railroad from the city of Jefferson to the |
terminus of said railroad, on the Rio |
Grande, at the rate of at least forty miles |
each year, or of eighty miles every two |
years, counting from the first day OF July, |
1875, they shall forfeit all rights to the |
lands by this act granted upon that pOr-
ton of said railroad which they shall |
thus tail to construct"
This fourth section of the relief act |
works material changes in the original |
charter.
l. In fixing the northern terminus at
jefferson, and requiring its construction |
by certain intermediate points (San Mar
cos and New Braunfels) from jefferson to
Laredo.
3. In altering the rate of construction
per year to forty miles or eighty mile
every two Yeas between Jefferson and
Laredo.
3. A penalty is fixed upon the failure
to construct at the new rate of forfeiture
of al right to lands, granted by the relief
! act, upon that part OF the road not so
constructed.
The thirteenth section of the original
act is superseded as to the northern ter
minus, and in the rate OF construction,
and in the character OF road to be con-
| structed.
The fifteenth section. so far as ii refers
to the thirteenth for the time within
which the railroad shall be completed. is
altered, and inasmuch as another peualty
is imposed upon the failure to construct
upon the new rate such new penalty is
| incurred upon the breach of the condi-
tions imposing 1t. The new penalty and
conditions are inconsistent with the