The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-01

the puOuc ScnoOl tund, Tor
which the railway company exc
cuted to the school fund
bonds bearing interest at the rate of
six per cent per annum. Pursuant to
the same act the state, on June
%, 1853, lent To the Washington
County railroad company $4,000 of
public school money, for which the
company executed TO the school fund
its six per cent Understanding bonds.
In the same manner and upon the
same terms the state, from March l,
1858, to December -, 1859, lent Buffa-
10 Bayou, Brazos and Colorado rail-
road company public school money to
the amount of $4,000. In like man
ner the state, from December %, 1853,
to October II, 1860, lent to the Hous-
ton Tap and Brazoria railroad com
pany $4,000 of public school money.
All of which fully appears on pages
20, q and % of Comptroller Darden's
report for the year ending August y.
1880.
During the late war this state isSu-
ed species of money known as treasu-
ry warrants, and by several acts of the
tenth legislature approved December
IL, 1868, May %, 1864, and November
10, 1864 the railway companies were
allowed to discharge the principal and
interest of their bonds to the school
fund, in these treasury warrants. In
der these acts the Houston and Texas
Central railroad company, from JAN
uary 20, 1864, to August "a, 1864, paid
into the treasury sos, 774.35 in these
warrants in payment of the interest
on their bonds to the school fund.
The Washington County railroad
company paid on their bonds in such
warrants. from July IL, 1864, to May
IL, 1865, the sum of $47, O9020, of which
1927 1858 was principal, and the balance
interest.
The Buffalo Bayou, Brazos and
Colorado company, in such warrants,
from August 20, 1864, to September
10, 1864, paid the sum of S9S,019.2S, all
of which was interest.
The Houston Tap and BraZoria rail-
road company paid in like manner
from the 23d day of June, 1864, to the
oath day of August, 1864, the sum of
$69, 483.33, all of which was interest.
The act under which these payments
were made required that the railroad
companies should satisfy the comp
ceived by them for freight and pas
senger travel at par with specie; after
which the comptroller was directed to
issue to the school fund bonds payable
in specie and bearing interest at the
rate Of six per cent per annum, for
an amount equal to the amounts paid
by said railroad companies in war
rants aS aforesaid.
In obedience to these acts, w. s..
Richards, the then comptroller, on the
18th day Of May, 1865, issued to the
school fund the bonds for the sum of
1920, 367.13; that being the total
amount paid as above in treasury
warrants by the railroad companies.
afterwards, on the first day of No
vember, 1870, A. Bledsoe, the then
comptroller, charged each of the above
railroads, except the Houston Tap and
Brazoria railroad company, with the
amounts So paid by it in treasury war
rants, and demanded of the railroad
companies payment of interest there
on at the rate Of six per cent per an
mum, and two per cent as sinking
fund from and after that date.
The railroad companies, under pro-
test, paid the interest and the sinking
fund as demanded, and have, with
the exception of the Washington
county railroad company, continued,
under protest, however, to make their
annual payments of interest and
sinking fund.
The Washington County railroad
company made its annual payments
of interest and sinking fund on the
amount paid by it in warrants as
above till November. 1879, when it de-
clined to make any further payments
At the time this company made de-
fault us above, the amounts paid by ii
on that part Of its Indebtedness dis
charged in treasury warrants, and re-
charged by Comptroller Bledsoe, was
sufficient to discharge the balance OF
the debt due from it to the school
fund.
This railroad, for this reason, de-
clined to make any further payments
and insists that the debt has been
fully discharged.
The Houston Tap and Brazoria
| railroad company was never charged
| with the amount paid by it in treas
ury warrants, but for failure to COM
ply with the terms of the act OF
|
sold and bought in by the state, and
was in 1871 sold by the state. In this
transaction the school fund lost about
1914, 40.
After investigation we think that
bonds for the sum of $32O,376.13
issued by Comptroller w. S. Richards
May Ii, 1865, under the circumstances
above set forth, are valid
3eDGs against the state, and
were issued by competent authority,
under laws passed by legis-
lature, with full authority to bind the
state, and that the state has neither
legal or moral ground upon which to
base refusal to pay.
The interest which has been collect
ed from the railroad companies under
protest since November l, 1870, upon
the Gmount paid by the railroad COM
pan! in treasury warrants, has been
paid into the available school fund
and should, we think, offset pro tanto
the interest that has accrued on the
school bonds since November /, 1870,
but the principal of the bonds and the
interest that accrued thereon prior to
| November |, 1870, and the interest
| that has since accrued, less the offset
above mentioned, should be paid 10y
the state to the public free school fund
w. o. DAVIS.
j. r. FLEMING.
w. X. SHANNON.
Mr.. Fleming moved that the report
| be referred to the committee on educa-
ton. Adopted.
BILLS AND RESOLUTIONS.
BY Mr.. Collins: A bill amendatory
of the present quarantine law. Refer
red and 100 copies ordered printed.
BY Mr.. Traylor: A bill authOriz-
ing the erection of a branch insane
asylum north of the 32 degrees Iongi-
tude and west of the line of the Cen
trail railroad.
BY Mr.. Peacock: A bill allowing
witness fees in criminal cases only
when they are attached in cases pend
ing out of the county of their resiS-
| tence.
The chair gave notice of signing
senate bill No. Z, abolishing the office
ofcounty attorney in counties having
a resident district attorney.
By Mr.. Martin: A bill prescribing
the character of cases dispositions of
witnesses may bestaken in in civil ac-
tions.
Also, bill adding another article to
the law on the above subject.
FIRST SPECIAL ORDER.
Senate bill No. %, providing that in
suits for divorce petition shall not be
taken for confessed for want of an
cx1,a, Of dafap6ont op6 th of i1t1npoapf