Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-17
!ny purpose OF bringing immigrants TO this

any purpose of bringing immigrants to this
state" Const., art. Il, sec. Sc. This is the
only provision in the constitution that SUBJ
lect. Comment seems unnecessary.
2. To Promote Education. "a general
diffusion of knowledge being essential to the
preservation of the liberties and rights of the
people, it shall be the duty of the legislature OF
the state to establish and make suitable provis-
ion for the support and maintenance of an
Const. lS.5, art. 10, sec. l; Const.
1851, art. 10, sec. 1: Const. 1866, art. 10,
Sec sec; i Ice Const- 1863, art 9, secs, l,9;
1886, General Provisions, sec. 3.
1t prescrlbes also for the endowment and sup
port OF them, first, out Of the public domains
second, by state taxes; third, local taxation;
fourth, from sale of county school lands. ID,
secs. 2, 3, 4 5, 6. Certainly here is very prom
inent o tject, and it speaks for itself
3. To Encourage the construction of rail-
roads''-''The legislature shall have no power
to grant any OF the lands of this state to any
railway company except upon the following re-
strictions and conditions: First, that there
shall never be granted to any such corporation
more than sixteen sections to the mile and no
reserva ion OF any part of the public doma,n for
the purpose of satisfying such grant shall ever
be made. Second, that no land certificate shall
equipped, constructed, and in running order at
least en- miles of road etc. Art. Il, sec. 8.
THE legislature shall have no power to make
any grant or authorize the making OF any grant
OF public money to any . corporation
whatsoever" Art. 3, sec. 81.
The Legislature shall have no power to au-
thorlZe any county, city, or town to
lend its credit or to grant public money or thing
of value in aid of or to any corporation
whatsoever Id, sec. 50.
No county, city, or other municipal corpora
ton shall hereafter make any appro-
priation or donation 70 any corporation" Art.
How this court car arrive at the conclusion
that immigration, railways and education stood
side by side in Importance with the people as the
three prominent objects which through their
constitutions and laws they have worked TO &C
conpIish by means Of the public domain is
difficult to comprehend, in view of the foregoing
quoted provisions. Aid 70 immigration is pro-
hiblted. encouragement OF railways is permitted
only, while the support of public schools is re-
CURED. Nowhere does that instrument
pressly or by implication declare that immigra-
ton or railroads either are Essential to the
preservation of the liberties and rights OF the
people, - but by clear language it does so say as
to "a general diffusion OF knowledge"
An investigation of the proceedings of the con-
stltutlonal convention on this point would GER
tainly be refreshing, if not instructive. 10 one
who did not take part in framing that instru-
ment the signs along the trackway of those
honored delegates Indicate that as 20 railways
the COX Cart doctrine was difficult to resist;
as to immigration the ''elbow-in-the-s sem
timent held sway; and as to education the patri-
otto spirit OF the fathers SO prominently shown
since the constitution of 1886 overwhelmed the
convention, and eliminated in laying the foun-
solemnly declared was Essential to the preser-
walton OF the liberties and rights of the people,
The educational element in that body had
the power, and dealt IN concessions only to those
who advocated railway aid" No grant
made to any kind of corporations. Nor was the
legislature required to aid them. 1t had the
right to do so in the absence of constitutional
prohib itions. So the convention placed limita-
tons upon thai power by saying that mot more
than sixteen sections to the mile'' should be
granted, and that mo reservation of any part
of the public domain for the purpose of satisfy
ing such grant shall ever be made Art. II,
sec. 3.
A retrospective view OF the past an examina-
ton of the six constitutions OF Texas, without
drawing on current events of the times that have
ripened into history, will deny the correctness
of the courts proposition that t'there have
always existed with the people OF this state three
prominent objects immigration, education and
Tailweys) which through their constitutions and
laws they have worked to accomplish by means
of the public domain
The constitution of 1916 commanded the Iegis-
lature to make suitable provisions for the sup
port and maintenance Of public schools Cart. 10,
sec. II by taxation ID, sec. p and by grant OF
ianos to the respective counties for such pur-
poses. Id, sec. 3. Nowhere in il we're rail-
ways or immigration mentioned.
The constitution of 1861 also required the leg1s-
lature to provide for the support and mainten-
ance OF public schools in the same language and
manner as that OF 1915. Art 10, secs. 1, ?. 3, 4.
Neither did il mention immigration or railways.
So did the constitution OF 1866 impose on the
legislature the same duty lArt. 10, sec. y, and