Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-08
AUSTIN.
Furnishing the New Capitol and I'm
proving the Grounds.
Claims Set Up by the State in lis suit Against
the Texas Traffic Assoefation-The
Farmers Institute.
IMPROVING THE CAPITOL GROUNDS

Special to the Gazette.
AUSTIN, TEX, Feb. Capt. Rhea of
the capitol furnishing board is here and
is well pleased at the forward condition
of work both in furnishing the new cap
itol and improving the magnificent
grounds and parks outside. The hill on
which the old capitol building formerly
stood has been nearly all cut away and
deposited in contiguous depressions of the
campus on its side. Beautiful drives
and walks are being rapidly laid out.
Eugene Johnson of Dallas IS
here experimenting the work. He
has submitted to Governor Ross plans
for stone and iron fence to include
capital park costing $50 GOO. Governor
Ross expressed his approval Of the same,
saying the cost was less than he had an
ticIpated for n building of such grandeur
and magnitude. 1t is said one of the
legislative commissioners having the
matter in charge will tomorrow report in
favor of a fence composed of cypress posts
and trace chains, which thoroughly dis
gusted Engineer johnson and he refuses
to make any estimate on chain fence.
Mr.. Johnson takes great pride in the
matter and almost wept at the report.
THE STATE CLAIMS.
The motion for reheaTing in the case of
the State vs.. the Texas traffic associa-
ton was submitted yesterday in the
supreme court at Galveston. The fol-
lowing claims appear in the pleading of
Attorney General Hogg in this new
phase of the case, as taken from the
records OF his Office at Austin: In crea-
%Ia n of do to-
reserves the power to destroy them or
to prescribe the condition upon which
their future or continued existence
should depend. The imposition of con-
ditions on the charters which called them
into being more or less limits their
power, which entails restraints upon the
commerce they carry. In this way
Interstate commerce is by no means
regulated. To regulate commerce is to
prescribe the rule by which it is to be
governed, or to place burden on it.
EGibbons VS.. Ogden, 9 Wheat,
Gel, 1876, 122, U. S. 1886 I
While a state cannot regulate foreign
commerce, it may do things which may
more or less affect it without transcend
ing its power. Passenger cases, Z How,
6402. 1t is not everything that affects
commerce that amounts to regulate of it
within the meaning of the constitution.
GOsbOrne 4 Mobile 16, Wall, 4S2.
Attorn ey-General Hogg closes by say
ing each of the officers Of the defendants
who took part of the state constitution
are declared criminal by an act of 1887,
page 1871 and the right TO enjoin them is
given the state by act of 1888, page s.
A cOurt of equity will restrain them from
excess or abuse of corporate franchises or
e a.
without reference to the question
bedience of the law is sufficient
public mischief to demand action by the
court. TAttorney- General VS.. Railroad
Companies, 80 Wis. 425.] So on the one
hand for breach of the contract as
corporation and on the other for the
commission of an offense as individuals,
the defendants and their servants are sub
ject to restraint The motion therefore
ought to be refused.
THE FARMERS INSTITUTE.
The Farmers institute met IN conven-
ton this morning at 10 o'clock, Hon.
Ramsdale of Burnet county in the char,
with Mr.. N. c.. Ously of Dallas county
as secretary. Governor o M. Roberts was
the first speaker, and of course was re-
ce.ved with great applause. The old
Aicalde read highly interesting essay on
taxation, proving conclusively that the
farmer suffered burden by an
unjust mode of an excessive
taxation. He showed that
for ten years ending 1880 the average an
nual revenue was abont five million dol
lars, while for the three years ending
1888 the average annual revenue was
$50 900 200, and according to statistics
$40 900 900 more were annually collected
than is necessary for the use of the gov
Gov. Roberts was listened to
with marked attention by all present.
The second speaker was Hon. W. B.
who prefaced his remarks with
the statement that the rumor that the
order of the Grange was not in accord
with the Farmers institute, was false,
and to prove this he placed the creden-
tials of the Salado order of the Grange in
the hands of the Secretary. His address
was also listened to with profound atten-
ton.
Then followed Messrs. Welsh, Hill, |
Giles, Gen. King and Professor GuTley.