The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-01-27
TIL Ar1 ORNEN-GE>ERAL's OPINION
ON AZ IMPORTANT CLAIM

run Nr1oRNEN.GENERA oriNION
oN AZ IMPORTANT CLAIM,
The opinion recently rendered 70 the eI.
ecuuye by Hos. JoHs ID. T,MrLETos,
attorney general, in the matter Of
the claim Of the state against
the Houston a Texas Central rail.
way company on tccount Of the special
school fund loaned to the Washing on
/ County rail way, is one OF the most *.
haus'ive OF ITS kind ever cmsuatins from
tina, rtiile, reviewing the long aud in'rica c
history II the cl ,in from the time the losn
OF $50 600 was made, w. In 1853, es also the
various acts Of the legislature, aud the con.
sulUtioual pruyisioas beading thereon, he
arrives. as ho announces. a. the unwilling
o1no.us ou that tbs state is without legal
Hsht To insist upon It's claim.
rne status OF this i'm portant case IS brief
. ~ mat under the authorily oftnn Act 20
provide TOR the investment Of the special
school luud IN the bonds OF the railroad
Companies Incorporated by the state on
tbs twcnty-eighth day OF June, 1859, H.
proper state authorities loaned the WASH
inston county railroad Company SGj,OOO-
SD 600 lated States tive per cent. bonds
and 5000 specie, the accrued inter
es. thereon for which the re-
quirtd bond and security were given TO
the state by the railroad company. Febru-
Any % h, 1850. IL paid as interest In money
s., 500 10. Ga June @, 1860, it paid in money
on the sinking fund 81 800 In 1864 July II, IL
paid as interest in state warrants
OF the s'a,e Of Texas. sl2,7 Al. GA August
- OF the same year it paid in said state war
rants, IS interest, s2.70o0). Ga May H.,
! 1855, IL paid on interest in said slate war
rants, 50 5000. GA the same date it paid
as principal In said warrant, the sum Of
/ ST,Gi3 Tho total amount OF payments mad q
n the warrants Of the state, that IS other
! &lse than IN uuq fashionable money, was the
SUN iOrty.seven thousand linety dollars aud
cl,yep cents and IL ID about the validity OF
/ these payments only chat this lonR'staLd-
/ ing controversy between the state ID 'he
/ Washington county railroad, and then rs
/ successor ,- prcsen, owner, the Houston "
/ r-xts Central Railway company, has cx'
: i-ted - this tine.
Now, ,ue IJu ton Il Tex s Central Btl-
way company has sucoessiyely deian.'td
/ Ia the payment Of the nterest aud siuS'n,
! fund on their Wash ngtor county railway
branch since November 1879. The question
! igv1lvel, therefore, was the nature and
validity OF the states claim. Ia reviewing
| ths case ArronNEY-GESERAL TsaFLETcs
lays lhat all along the history OF the con-
troversy he was unable TO find that there
was ever manifested q disposition on the
part Of the state or its officers TO
ques ion the payments made by the
road until our government fell into
the hands of those men who regarded every
legislative enrolment, every decree OF conrt,
every ministerial and judicia! act occurring
during the war, as void.
Certain it is that GOVERNOR THRocKAoR-
TON. in 1866 considered the payments rs
valid. But. subsequently, in 1869, the
then comptroller, Hon. MORGAN G. HANiL-
TON, aud yet later on CoNPrRoLLLa BLED-
SOC, uader advice of ATTORNEY GENERAL
ALEXANDER, treated them as utilities be-
cause heY we're not made in legal tender
currency of the United States. But the
conclusion h At the present attorney. general
arrives ~ is eyide the correc; one from
I the standpoint Of law, good conscience aud
equity. The state, through her courts, has
time aud uSun hell that payments mads
aud voluntarily accepted ia Confcderai.
money we're valid. II she has required tho
observance OF this between her citizens ia
ordinary business Transactions, surely the
same rule would obtain that a debtor to IL
staie taking iis paper currency at par
vita gold, should be allowed to
~ Ike that par the payment OF
tni. debt to the state through the
comptroller vino was the cole juuge u
the stains of these things ut that time.
The contract in question was between the
road and the $ ate, and it was In 20 lar III
executed one when the comptroller received
the payments. How the state can now 20
in'o the inquiry ms 20 how or in what those
psyments were made, now that receipts Tor
tn.m aud due credits on her books, have
been given. is impossible OF conception.
whether. in view OF this condition
o. things, the governor or the leGis
tu-e will see proper to di
req the question "a be tested
a 4 be determined by judicial decision, re-
NJ ,ins to b. seen, but .he case now Appeals
50 c'esr that q continued prosecution OF the
Ct ,im would sem to be not only superiiu-
ity and useless expense, but Unfair trea'
m-rt oAard the road. ATTORNEY GENERAL
rg.rLgr1S certainly deserves much crodit
lor MS painstaking inquiries into the facts,
legislation. etc, involved, as also for the
clear. logical do uctiors which have COL
strained him " the decision arrived at.
oS---
THE POLLY or TuH PROPOSITION, -