The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-01-18

thehttO Information OF them even. were
not at my command. Indeed, the great
defect of our raj road laws generally, has
| been the want OF adequate and practical
Bile 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 detective or INSULT
cient, preferences may be given TO par
ticular places and persons. and numerous
| other injuries may be done to individ-
uals, and TO the public, without there
being any appropriate remedy. suits Tor
forfeiture, and for damages, and statu-
| tory threats to take possession OF the
roads, are either too remote, trivial, or
impraeticable to correct wrongs done by |
great moneyed corporations, In way TO |
prevent their continued recurrence. IL |
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 trans
| acted on them.
| INDEBTEDNESS OF CERTAIN RAILROAD |
COMPANIES To THE PUBLIC FREE
SCHOOL FUND.
There has been a controversy about the
payment of the interest on this debt,
which has been OF long standing. 1 called
the attention of the last legislature 10 IL
in special message, in which the whole
subject was fully explained, with an
opinion thereto annexed by the attorney
general, Hon. George Mccormick.
The immediate cause of this matter be-
Ing then called TO the attention of the
| legislature, was, that the company now
owning that part OF the branch OF the
Houston and Texas Central railway lead
ing 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 construc-
ton placed upon the laws relating 10 that
| DURING COVPrnOr
DAYS. administration, which had been
| subsequently, acquiesced in by that de-
partment, OF which default had been
notified by the comptroller.
In that message / said that 81 have
deemed IL proper to bring plainly and full
ly to the view of the legislature nil of the
facts, records aud laws pertaining to this
controversy, SO far as have been enabled
to ascertain them; fret, to show why
did not believe it for the interest OF The
state for me to undertake an ADVERTISE
ment and sale of the road; and secondly, |
for such legislative action as may be |
deemed proper to bring this long con- |
tinued disagreement TO q satisfactory con- |
cisiOn, IL possible.'
An act for that object vas introduced,
which failed to be passed. There was no
appropriation made to carry the law into
effect, IL the remedy provided by law had
been attempted. For the advertise ment
and sale OF the road would have resulted
as no one would have paid any reasonable
price for q piece OF road under the con.
troll of powerful company. And for the
same reason the state could not have sold
i. the road without sacrifice OF its inter-
ests. AZ claimed by its officers. The at
tempt to take possession OF the road and
use it for the ben, tit of the state, without
ample means being provided 10 advance,
would have beeu worse than useless.
This question Of dispute Is not confined
to this lutte piece of railroad, but relates
10 number Of railroads, and involves
large interest which should be set
tied In regard to all of them, by
such legislation as would properly
protect the interests OF the state. which
right Of legislation was expressly re-
tanned in The act OF 1856, under which the
loan was made.
COPIES OF the said special message have
been preserved in the executive office,
and may be furnished to such members Is
desire them.)
RAILROAD CERTIFICATES.
Previous TO the passage OF the law re-
peaing the laws granting certificates to
railroad companies, at the special session
OF 1882, apple 'tiOns had been made to me
for orders granting certificates to several
companies, which were refused by me
under that clause of the law relating to
| the Inspection of a road, which required
. IL to be reported ''ihat the same had been
! constructed la accordance with its char
ter, or with the general laws, under
which 1t may be constructed, or with laws
, in force regulating railroa is." (R. G.
Stat 6I4) The default generally was in
the failure In point of time to build the
T road the distance required by the charter
Z or by the law.
: In the numerous investigations relating
, to applications for railroad certificates
: generally, am largely indebted 10 the
{ courtesy and aid OF The present and for
mer attorney generals OF the state.
TIE AsYLUMs.
, These charitable institutions have been
well managed in proportion 10 the means
/ furnished Tor their support and gradual
enlargement.
The greatest lack of adequate means
; and appliances has been IN the lunatic
, asylum. At two sessions Of the legisla-
lure i have presented the Information
relating to the number OF lunatics that
have been taken care OF In lails and other
places, Tor want OF accommodations Tor
. them In tue lunatic asylum, amounting TO
{ several hundreds each time. L made an
earnest appeal to get ample appro-
J priations to remedy this evil at once.
! Appropriations have been made, but
they have been totally Inadequate, Ms
they have been used, and have been eX-
= pected to be used, in the erection of
large, Inc and costly houses. 1t requires
/ one or two years to build such houses,
! and the lunatlcs have increased faster
; than the room TO accommodate them in
/ such houses us could be provided under
I the appropriations that have been made.
And so 1t will continue indefinitely with
r out some change IN the amounts OF the
: appropriations or In the character OF the
buildings erected. Fortunately, in one
respect, the burning OF one OF the build
ings ut the lunatic asylum has created
' necessity that has taught a useful and
practical lesson, which is, that large
wooden building that cost only S1400 was
built in a few weeks, and is now furnish
! ing comfortable quarters for a large
: number of lunatics. Fifty thousand dol
lars so spent could be made the means OF
, accommodating every lunntic in the state
In six months or less time, and IL would
= be profitable and humane Investment TO
! the country If the houses should be torn
down, II Of no further use, after better
structures could be erected.
THE JUDICIARY.
There has been a marked Improvement
In the execution of .he laws ia both civil
and criminal cases. The creation Of the
commission of appeals to aid the supreme
court, aud the court OF appeals In civil
cases, has been OF much service In
enabling those courts to dispatch their
business, and thereby prevent tie un-
reasonable delays in Irrigated cases which
, had SO long been just cause OF COM
plant.
The gentlemen appointed TO I'LL posi-
tiOns In that court have labored ardu.
ously, with an ability that has entitled
them to respect and full confidence.
In the district courts there has been q
gradual improvement in the administra-
lion Of the laws OF the state, by men OF ex-
perience and ability consenting to bold
the Office of district judge. In those dis
iricts wherein district attorneys have
been appointed or elected, the criminal
laws have been generally much more ell
clently enforced. In the more p0pulous
counties the county attorneys have gen.
orally done well Ia prosecuting criminals.
Our jury law, as perfected and carried
) into effect, has been OF great service In
, producing this result. The great defects
In the execution of our criminal laws are,
first, the want of experience and ability
In the attorneys representing the state 10
meet the great ability OF the bar opposed
10 til m. This say without any dlspar-
agement OF the many promising young
gentlemen who now I'LL the Offices OF dis
trict and county attorneys. Lawyers of
emlnince generally will not I'LL these Of
fees under existing circumstances. In
trials for the most heinOus crimes, a
scene is often witnessed in the courthouse
discreditable to the state and ruinous to
the public interest, which is. where u
criminal is being defended by number
OF the able-t lawyers in the country, OPP
posed by some clever young man Of re-
spectacle ability, with the additional dis.
advantage Of powerful influences being
n -