The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1884-01-31

Tdnitf 4 stbiue fsi red s1Irh he hulii
| Hush u Ped L.. HId.fnf ~ the si,ilph 90
counts of The lniefntiianal railroad, Ia
fe,itned. II IL pfn nbla that The a'lesel
defilCa'ion NJ CainTaY, late ainii1nmAsief
witch, n IL claimed Phillips should Eay
I discovered earlier, hsl something % N
I with the resignation. Richard feuiy VIII
succeeds hin, Hts PhIiIp,' assistant,
Ann her been reported iu tnH house ~
/ tle cummii'ts on uu1ii0 lAuds, deolsrini
I Iurisit'd the isIas r,oifc railroad graft
Tie dill aCfted upon contains, besides .
prOyisl IN declaring tbs forfeiture az lahdi
granted 20 AID In ia" construction OF M
railroad, provisions validating AL acts nl
tls druartmrnt ~ tho interior, ila officer
aud luc.l la1d officers In pertsi ting home
.lead entTiey selections aud pnfcnsses Al
llhGs granted 10 the COMPANY, aud IN i'hu'
ing patents oeTtincabs and lists q sreon,
and co. hTmine rights and titles OF parties
ar persons holding pateuts or claiming
rights Oi title undrr such certificates or
lists Of iand.. Mr.. Payson will present the
NIL ~ the house Tomorrow. The report
r, cites the provisions III the act incorporst'
ing tue Texas Pacific company, briefly
.unm arises the history Of the company
and legislation ia its interest down TO
Soven oer, 1881, whsn the hsht hatween
the Texas Pacific and southern Pacific was
ended by a contract between them, IL in-
viies special attention to the hostility be.
tween the two companies down TO this
date; quotes largely from the 70
Gently publishsi Huntington CORE,
such hostility and its character. Tho re.
port ssys OH this point: These letters tell
tho story plainly OF the hostile position Of
tina Southern Pacific toward the Texas Pa.
citic during oil these years, ard neither
had or claimed any right east OF Yuma"
Aud ION the question rs to the relation OF
these companies during oil the years the
two lines were being constructed, your com.
mittee do not find = single act performed
ac,er ss to the other"
Ii calls the attention also to tho opposi-
ton OF the Southern Pacific In the forty.
nth and forty.sixth congress to the requests
OF Scott Of the Texas Pacific for guarantee
for his road. Alter presenting these facts,
the committee gives as conclusions that the
Southern Pact DO WAS hostile enterprise to
the Texas Pacific until all its roads had
been constructed to Sierra Bls Ca, Tex,s,
and until the contract Of Novem Der, 1881,
Was consImmated; that il shrank from
nothing which tended to deteat the work OF
the Texas Pacific. engaged in constructing
\ competing through iiue o! railroad to the
Pacific Ocean; that wbi II was nomtnaiiy
an independent corporation IL was In fact
pfaCtlCuhy tHb tuaI but
Southern Pacific was built with money OF
the Central Pacific, outside securities
based upon IL and operated by that
company; that so far as congress is
concerned the Southern Pacific
never had any rights cast Of Yuma upon
which it could base . claim against the
government, either legal or equitable. that
It built its road expressly without an iuten.
ton, expectation or hopo OF receiving
Apti nf uyA ~ lar
from the government; that by It's action 1t
aided in defeating the building Of the road
contemplated by congress and its conpec-
tions. The facts presented IN the report
are OF common notoriety and shows the
Trsnscontiuental transportation IS 1t now
stands In this condition. The next line
north OF this, the Atlantic u Pacific, is con.
trolied by the Central Pacific west of the
Colorado, and by j. Gould east OF ii; the
Central Pacific and Union Pacific, with
Gould's connection east of Omaha, control
the middle route by subgidiEing the Pacific
mail, and the Central Pacific keeps the
w.ter-route under coatrol; the Northern
chc is not only in the pool with tho
. ntral, but the agreement has been made
Tween them whereby tina territory OF the
r.u ut northwest ia divided between them,
u transpo-ta ion rs though the owner.
:, of the country followed the building
OF railroads into IL, SUBJECT to which prac'i-
csl assertion Of ownership g Transports
ton freight for tue entire Pac,kc coast in
uuHeT the coDir Il OF "a few men, who ADOPT
as a rule Cor charge ali the traffic will
bear
The report declares that Congre,t has fall
authority 10 declare grants forfeited, and
says. at seems periuctlT clear - your
committse that q declaration of forfeiture
Is only the acE OF gran'or asserting his right
to resume a grauL TO be exercised At his op-
tion, terminating the estate for breach OF
TN. condition for shich grRJted. IL Is at
his option whether no will exercise it or
NOT aud unit! er .rcised there ia nothing on
which the court can act. Az to the claim
of the Southern Pacific comps that hav-
ing csm oiled with the requirements of the
act as they should have been performed by
the Texas Poetic, it had right to the
grant, the COmmittees report yeyg: BE
fore complainant company can be held en-
titled to this graDt it must b, found that
the conditions of the grant have all been
complied with by T. or its grantor; that II
i the legal successor and assignee OF the
Tex4s Pacl tin, and also that such success
sion was noe the result of mbipa.ion or
consolidation with the Texas Pacific by
rival or competing line Of railroad to the
Pacific ocean" The com mittep finds that
the condition in the grsnt prohibiting COO
soltiatIon wi, h a rival or competing liz es
has been absolutely violated by th" Texas
pscttic BY making u contract in November,
1881; that tins Texas PsciSc had not accom-.
plshsd u single object tor which it was
crested but had attempted TO DO every sct
possible whico il was prohibited from 40"
ing.