The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-09-11

IHE OTATE OF IENAS
Elk. Rel. Atty Genl Quo warrants
, VS.. STravis count,
THE Missouri. KANSAS District cour
& TEXAS RAILWAY Co.
To the Honorable District Court of Travi
| County:
In the name and by the AUTHORITY
of the State of Texas, Jas. S. Hogg, o
his own accord, as attorney general O
= said State, comes into this honorable
, court, before the Hon. VIM. M. Key
the presiding Judge thereof, at the
capital Of said State of Texas, in the
city of Austin, county of Travis, on
this the 9th day Of September, A. D.
1890, and in the name and on behalf
of said State here charges, alleges, at
firms and gives this court to be in
formed:
l. That the Missouri, Kansas &
Texas Railway Company, hereinafter
styled respondent, is u railway corpo
ration that has here tofore constructed
and now owns, controls and operates
a line of railway from a point on Red
River, between Preston and Doakville,
southwark through the town of Den
ison to Whitesboro, in Grayson coun-
ty; and from said Whitesboro to
Gainesville, in Cooke county. That
said company has its principal office
in Texas in the city of Denison, said
Grayson county, on the line of its
road.
2. That on August 2, 1870, the said
Missouri, Kansas and Texas Railway
company procured charter, license
and consent of and from the State Of
Texas, by special laws of that date,
passed by the legislature of said State,
giving the right to build a road to-
gether with its telegraph lines. from
some convenient point on Red River,
between Presoton and Doakville on the
line of the Indian Territory, into and
through the State of Texas in the gen.
eral direction Of Waco and Austin to
the Rio Grande, with view of extend
ing the same to Camargo and the
City of Mexico; and also the right to
construct a branch road from a point
at or near its crossing on Red river
westwardly to connect with the road
of the Houston and Texas Central
Railway company; and also giving
said company a right of way of 200
feet in width through all public lands,
with the right to take such rock,
timber, earth and other material as
should be needed in constructing it's
road and branches.
That said company procured and
accepted the said charter, license and
consent of the State of Texas upon the
conditions and subject to the provi-
sions of the constitution and the gen.
eral laws then in force and thereafter
passed by said State in relation to
railroad corporations, in the same
manner and to the same extent as if
incorporated in this State. That said
company, by said special law or spec
ial charter, license and consent, did
not, under any circumstances, have
the right, power or privilege to pur-
chase, sell, lease, join stocks, unite or
consolidate With any other but con-
Meeting railway company. That in
pursuance and by virtue of said char
ter and special law given by said State
of Texas as aforesaid, the respondent
constructed its line of railway from
said point on Red river, between Pres
ton and Doakville, southwark through
the city of Denison to the town of
Whitesboro, in said Grayson county,
Tex, on or before January l, 1875,
where it has ever since maintained its
southern terminus without build
ing any further in the general direc-
ton of Waco and Austin to the Rio
Grande; and it completed its line from
said Whitesboro westward to Gaines
vile, in Cooke county, on or before
the LIST day of January, 1876, where it
has ever since maintained its western
terminus without constructing its
road any further in that direction. So
that the said lines of road, from
point on Red river, via Denison,
through Grayson county to Whites
boro, and from said Whitesboro to
Gainesville, in Cooke county, is all the
road or line of railway that said re-
oPOliuOhO hdo CNGI COllSbTUCIGu ltIluGT
its charter or by any lawful authority
from the State of Texas within said
State. That long since, by reason of
its failure to complete its road, under
the laws of Texas, it has forfeited its
right, power and privilege to construct,
sell, lease, join stocks, unite or con-
solidate with, or own or operate any
other railroad, or to extend the one
1t has already constructed beyond
either of its aforesaid south or western
termini.
3. That on the completion of said
railroad in January 1876, to Whites
boro, it did not owe or have au out
standing indebtness against it or its
said property in Texas over $4,000 to
the mile. 1t was then in good condi-
ton and economically managed, great
ly to the public benefit and the pc
cuniary profit of its stockholders.
That some time in the year 1880 said
company began wilful, persistent
violation of the laws Of Texas by ex-
ceeding its charter powers in every
particular possible to railway fraudu-
~ $50 |