The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-10-04
RAILWAY LITIGATION.
Full Text of a Case Filed in the
District Court.

OAolA1SI SOOIIs
The following is the full text of the case
fled against the New Orleans, Mobile al d
Texas Railroad company by Attorney
General Hogg:
The State of Texas vs. the New Orleans, Mobile
and Texas Railroad company. In the distric,
court Ct Travis county, October term, A. d. 1885,
To the Hon, W. NJ. Key, judge Of the district court
of Travis county, Texas:
The state of Texas making itself plain
! tiff brings this action and complaining of
the New Orleans, Mobile and Texas Rail
road company, hereinafter styled defend
ant, most respectfully alleges, charges aud
begs leave to show:
That under and by virtue of special
laws of this state, passed respectively
September l, 1856; December "a, 1863;
April Is, 1873, and other special and gen
eral laws thereof, defendant was chartered
and authorized and exists as a railway
corporation, and it has as agents
ana managers to represent it Ii
suits in this state one G. e..
Gibbs and other persons whose names
are unknown to plaintiff, stationed at
Houston, Harris county, said state, upon
whom process is asked to be served fer
the reasons hereinafter set forth: That
by Its charter and the constitution and
laws OF Texas it has always been and is
now required to have, keep and maintain
public office at some place upon the line
of its road in this state, in the locality
where its principal business is carried on
for the transaction of its corporate bust
ness, where transfer of stock shall be
made, and where the auditor, treasurer
general traffic manager, general superis
tendent, and where an agent of it duly au-
thorized to adjust and settle all claims
against said corporation for damages
shall have their respective offices. That
by said charter and SAID laws it has been
and Is also yet required, but it willfu!ly
fails and refuses, and has for six years SC
failed and refused, to keep at and in a
public Office on the line of its
road in Texas for the inspection
of its stockholders and the officers and
agents of the state, books in which
are recorded the amount of CAPT.
tai stock subscribed, the names of the
owners of the stock and the amount
owned by them respectively, the amount
of stock paid ard by whom; the transfer
Of stock, with the date of the transfer
the amount of its assets and liabilities
the names and places of residence of eact
of its officers. Nor have the directors OF
said company held, but have willfully
failed and refused to hold the meeting
annually at their public office, in this tate
as required by law for more than five
years. That its principal place of bust
ness in Texas is at Houston, where it is re
quired by said charter and laws to keeI
its principal Office aforesaid. That, not
withstsnding the said charter obligations
and requirements of the constitution ant
laws, the said railroad company has con-
tinuously, daily and monthly, since June
30, 1885, for the period of thirty -eigh
consecutive months, willfully failed, neg
lected and refused to keep or maintain it,
public Office in the city of Houston, or il
the locality where its principal business il
and was during said time carried Oh, Of
on the line of its road in this state.
Wherefore, the said company has for
feited to and is liable and bound to pay
the state of Texas the sum of $1,000 TO
each and every month it has so failed
neglec ed and refused to comply will
said charter obligations and requirement
of the laws as aforesaid.
Premises considered, plaintiff prays TO
process according to law, and upon fna
trial hereof for judgment tor the aRgre
gate OF sum of $4,000, and for the ad
ditional sum of $1,000 per month from
this date on, until said trial, during which
the said company shall or may continu
to fail or refuse to comply with the Law
as aforesaid, and for costs and general re
lief. JAS. S. HoGa,
Attorney General of Texas