Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-01-11

b pinecr, who shall have the right ano
q power to compel all railroads
: that connect with each other
4 in this state TO make their con
: nections regular and proper, so as tt
: accommodate the travelling public on
G said roads, and the right and power tc
4 compel said companies to draw Tho
passengers and freightuf each other or
their respective roads and care; and
l upon refusal to comply with these
: requirements, such person shall take
: charge of the road and rolling stock
: and report ii TO the governor. The
[ said road shall then be run for the ben
| eft of the state until satisfactory ar.
engagements are made for % compliance
with the governor. Revised Statutes,
page GIL, Article 1855.
2 Although the attention of the legis
: lature has been previously called tt
, this law, no appropriation has ever
been made to pay the engineer nor to
, defray the necessary expenses of TAX
J ing charge of and of running rail-
J road.
, Any attempt to have enforced IL
! would have been futile. Numerous
cases may have happened that should
have been remedied but the means oil
obtaining authentic information o.
, them, even, were not at my command
| Indeed the great defect of our railroad
laws generally, has been the want OF
adequate and practicable remedies to
enforce what is legally required of
them.
Combinations and pooling may be
made, the road-beds may be out OF
order, the rolling stock may be defec-
| tt,g nrovn ha
given to particular places and persons,
and numerous other injuries may be
done to individuals, and to the public,
without there being any appropriate
remedy. Suits for forfeiture, and for
damages, and statutory threats to take
possession of the roads, are either too
. remote, trivial, or impracticable to corr
rect wrongs done by great moneyed
corporations, in way to prevent their
continual recurrence. 1t will never
be otherwise until the state undertakes
the correction, by remedies acting
: directly on those who manage and
) control the roads and the business
transacted on them.
INDEBTEDNESS or CERTAIN RAILROAD
COMPANIES TO THE PUBLIC FREE
SCHOOL FUND.
There has been controversy about
the payment of the interest on this
debt. which has been of long standing.
l called the attention OF the last legis-
laturc to IL in II special message, in
which the whole subject was fully ex-
planned, with an opinion thereto an
nexcd by the attorney general, Hon,
. George Mccormick.
The Immediate cause OF this matter
being then called to the attention OF
legislature, was, that the company now
owning that part of the branch of the
! Houston and Texas Central Railway
leading to Austin, known formerly as
the Washington County Railroad,
had failed to pay the interest upon the
debt of said road, then due according
to the construction placed upon the
laws relating to that debt by the
comptroller during Governor Davis
administration, which had been suisse
quently acquiesccd in by that depart
ment, of which default | had been
notified by the comptroller.
In that message, | said that 81 have
| deemed it proper to bring plainly and
fully to the view of the legislature all
OF the facts, records and laws p, rtain-
, ing to this controversy, go far rs / have
been enabled to ascertain them; first,
, to show why | did not believe it for
: the interest of the state for me to UNI
f dertake an advertisement and sale of
, the road and secondly, for such legis-
t latiVe action as may be deemed proper
TO bring this long continued disagree
lnent To satisfactory conclusion, if
possible.
. An act for that object was intro
! duced, which failed to be passed.
There was no appropriation made to
carry the law into effect, if the remedy
, provided by law had been attempted.
, For the advertisement and sale Of the
road would have resulted simply in its
being bought in by the state, as no one
= would have paid any reasonable
price for piece of road under the con-
, troll OF "A powerful company. And for
, the same reason the state could not
: have sold the road, without sacrifice
: OF its Interests, as claimed by its Off
, GERS. The attempt to take possession
) OF the road, and use it for the benefit of
tilc state, without ample means being
: proviued IN advance, would have been
worse than useless.
rms question of dispute is not con-
hned To this little piece of railroad, but
relates to a number of railroads, and
involves a large interest, which should
ne settled in regard to all of them by
such legislation as would properly pro-
tect the interests of the state. which
right OF legislation was expressly re-
tanned III the act OF 1856, under which
the loan was made.
COPIES of the said special message
nave been preserved in the executive
Office, and may be furnished To such
members as desire Them
RAILROAD CERTIFICATES.
Previous to the passage Of the law
repeating the laws granting certificates
10 railroad companies, at the special
session OF 1852, applications had been
MADE TO me for orders granting certili-
Gates to several companies, which
We're refused by me under that clause
OF the law relating to the inspection Of
a road, which required it to be re-
ported that the same had been con.
strueied in accordance with its chor-
Ter or with the general laws. under
winch II may be constructed, or with
laws IN force regulating railroads y
W. e. stat, OH The default eencr-
orally was in the failure in point of
time 10 bald the road the distance ra.
/ CURED by the charter or by the law.
IN the numerous Investigations re.
iatlng applications for railroad certifi-
Gates generally, am largely mdebt,rd
60 the courtesy and aid OF the nrescnt
pha former attomey-generals of the
state. ''o
THE AsYLUMs.
these charitable institutions bava