The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-10-24

the Houston and Texas Central Rail
way company upon surveys made by
virtue of scrip issued to said company
and also by virtue of scrip issued to
the Waco and Northwestern Railway
company.
"In pursuance to your advice,
proper instructions have already been
issued to the employees of this depart
ment. Il. M. HALL,
"Commissioner."
GROUNDS FOR ANOTHER PROTEST.
The one which calls for this reply,
am in some doubt about. 1t discusses
precedent" and sets up in estoppel
of the state; dissertates on the "code
of morals;" CONSTITUTES law; refers to
district court trials between private
parties; cites supreme court decisions
not in point, and at last announces
that you are unwilling to arbitrarily
deny to any person or corporation
what is clearly legal right" This
last phrase, "clearly a legal right" is
the one wish to invoke in behalf of
the state. With any officer not
clothed with judicial authority, this
ought to be permissible. By the law
the state wishes to stand. By it she
is willing to be bound. With less
than it gives her she ought not to be
content; for more she has never con-
tended, and does not now lay claim.
You admit that all the railroad COM
panies, except one, have received six
teen sections Cor 1920 acres) for every
mile of "siding" in addition to the
same amount granted to them for
each mile Of "main track" they con-
structed. If that is so l now here
protest against the issuance of a
single patent or any scrip issued to a
railroad in this state, except such as
do not claim land for "siding" or
Switches" and l do this on "clearly
a legal right" in the state. She owns,
under the constitution and laws, every
foot of soil within her dominion that
has not been lawfully earned by or
sold, dedicated or granted to some
person, institution or corporation. No
man or set of men has ever had the
right to make title to her lands except
in strict pursuance of express laws
therefor. Your defense of the rail
roads right to land for "sidings" and
Switches" Called turnouts) is based
on the law of 1884, which you quote.
Here YOU are in error.
ABLE CONSTITUTIONS GET IN THEIR
WORK.
Since that act was passed the peo-
pie of Texas have adopted four differ
ent constitutions, and the legislature
has passed many laws, the provisions
in some of which were clearly repug-
nent to it. Under the constitution of
1869, before it was amended, no land
could be granted to any railroad COM
pany whatever. 1t subjected all lands,
therefore, reserved for the benefit of
railroad companies to location and
survey,y forfeited all of them that the
companies had not alienated in con-
formity with the terms of their char
tiers, prohibited the granting of land
TO any purpose, limited their sale to
actual settlers upon the same in lots
not exceeding 100 acres, and repealed
all former laws granting lands to rail
roads at all. This furnishes reason
for your statement that "most of the
certificates received by the roads were
issued in the period from 1872 to 1878,
inclusive" While this act could not
possibly bear the construction you
give it, the railroad companies must
look to more recent law upon which to
vest their claim to lands earned since
1869. By the authority of an amend
ment to the constitution in 1878, and
under the constitution of 1876. laws
were passed granting lands 20 railway
companies. To go behind these laws
in defense of their claim to land, the
railway companies never do them
selves, unless to their special charters.
Why the only officer having CLEARLY
legal right" to issue patents to them
will do so / cannot comprehend.
Pursuant to the constitution then
in force, the legislature, on August 10
1876, passed the following law: "Any
railroad corporation heretofore char
tered, or which may be hereafter or
ganized under the general laws, shall,
upon the completion of a section Of
ten miles or more of its
road, be entitled to receive