The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-09-12

the meeting at which they we're issued.
That they were issued and executed
without having been recorded in the
office of the secretary of state any
resolution which had given authority
therefor. That there was no necessity
for the issuance of said bonds or
mortgages for the construction, equip
ment or operation or said railroad or
any of its lines. That the fact, since
the execution and issuance OF said
mortgage and bonds neither of said
roads have been in any way extended
or improved, but, on the contrary, up
to within the last twelve months, they
have all gone to wreck and decay so
as to be almost entirely useless as a
railway or for common carrier.
3. That one of the conditions upon
which the state granted the charter to
the said International and Great North
ern Railroad company was that thep pub
lie and the state should have cheap
passenger and freight rates over said
lines of railway. That in order to OBJ
tain said cheap rates in behalf OF the
public, the state of Texas besides
granting the said charter donated to
said railway company twenty sections
of land of GAO acres to the section for
every mile OF said road so constructed
under said charter, and exempted said
company, all of its property and fran
chises, and said lands from taxation
for a period of twenty-five years from
1875 Ehat said grants of land, ex-
emptioNs from taxation and other
immunities and privileges conferred
therein were fully worth $l0000,O00,
the full value of all the road, equip
ment and other property controlled,
owned or operated by said company.
That the state and the general public
have been and are now interested in
cheap passenger and freight rates and
of right are entitled to them from the
said railroad company under the oh
legations of said charter con-
tract and the laws then and now
in force. That if plaintiffs
fictitious bonded Indebtedness and
MOI tgage as described in their petit
ton should be established by decree
of this court as fixed charge upon
said railway and its property, high in
stead of low rates would become neces-
sary upon the traffic of the country to
produce earnings and revenue sufficient
to pay off the same or the interest
thereon. That without the establish
ment of said fictitious Indebtedness
upon said company and its property
low instead of high rates would be
sufficient to pay running expenses OF
said railroad and to produce good
and reasonable profit to the owners
upon the investment which they may
have therein. That without the relief
herein prayed for unreasonable bur-
dens and rates will be imposed upon
the traffic of the people in this state
to satisfy the false, fraudulent and fic-
ticious claims described in PLAINTIFF
petition.
A. Wherefore the state prays the
court for a decree denying the plain
tiffs the relief asked for in their bill,
and for one requiring them to bring
into court all the mortgages, liens,
bonds and other evidences of indebt-
edness secured thereby that the same
be Cancelled and held for naught, and
that the said plaintiffs, their agents
and employees be forever restrained
from using, negotiating or in any way
attempting to collect the same or part
thereof in any manner whatsoever,
and for general and special relief,