Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-05-22

any potentate enthroned. Let US tel
this government to remember its proper
| functions aud that the citizen looks moi
to it for his rights and privileges and
that it has no powers but
| such as are his voluntary
gift That we want protection
because it is our right and protection we
shall have against any creature, natural
or corporate, who would injure or Cypress
US. Having this we demand that we be
let alone. That the laws of Texas are
the peoples laws; that the good people
love these laws; that it is not necessary
to destroy the prosperity of any interest
or section of the state to cruelty any of
her good citizens to persuade them or the
world that
LAW IS SUPREME IN TEXAS;
that officers are servants and not bosses
of the people; that corporations must
obey the law just like the citizen or be
punished like the citizen; that the lawful
rights of corporations will be respected.
The short time allowed me to prepare
for this meeting my fellow citizens COM
pels me to be briefer than 1 wished. It
confines me to fewer topics than l would
like to have discussed. l select for this
occasion the most important, in consid-
GRAFTON of the universal interest it has
excited throughout the state.
1t is perfectly evident that the people
of Texas are not satisfied with the laws
now in force providing for the regula-
ton of railroads. 1t is also plain that
some change is demanded to secure the
people more prompt and efficient reme-
dies. A railroad corporation violating
the law of the state should be punished
certainly with as much promptness as is
a citizen. Some of our present laws
on the subject briefly stated are as
follows:
Section 2, article 10 of the constitution
declares "railroads heretofore con-
structed, or that may hereafter be con-
structed in this state are hereby declared
public highways, and railroad COM
panies common. carriers. The Iegisla-
ture shall pass laws to correct abuses and
prevent unjust discrimination and ex-
tortion in the rates of freight and pas
senger tariffs on the different railroads
IN this state. and shall from time to time
pass laws establishing reasonable max
imum rates of charges for the transport
tation of passengers and freight on said
railroads, and enforce all such laws by
adequate penalties.
Section 4 article II of the constitution
directs that ":he first legislature assem-
bled after the adoption Of this coustitu-
ton shall provide a mode of procedure
by the attorney general and district or
county attorney, in the name and behalf
of the stare, to prevent and punish the
demanding or receiving and collection of
any and all charges as freight, wharfage,
fares or tolls, for the use Of property de-
voted to the public unless the same shall
have been specially authorized by law. -
Section of article II contains this in
hibition: emo corporation shall issue
stock or bonds except for money paid,
labor done or property actually received,
and all fictitious increase of stock or in
debtedness shall be void. -
Section 2, article 4 requires that "the
Encouragement shall espe-
cially inquire into the charter rights of
all private corporations, and from time
to time, in the name of the state, take
such action in the courts as may be
proper and necessary to prevent any pri-
vate corporation from exercising any
power or demanding or collecting any
species of taxes, tolls, freight or wharf
age not authorized by law. He shall,
whenever sufficient cause exists, seek
judicial forfeiture of such charters, I'M
less otherwise expressly directed by
law,'' s.
In pursuance of these constitutional
the legislature passed the act
Of July 9 and October Is, 1879, declar-e
ing: ''In case any person shall usurp,
intrude into, or unlawfully hold or exc
cute, or is now intruded into, or now I'M
lawfully holds or executes anv office or
or any office or any corpora
ton created by the authority of the state,
Or any public officer shall have done or
suffered any act which by the provision |
Of law works forfeiture of his office, or |
any ASSOCIATION OF numbers of persons |
shall act within this state as u corpora |
ton without being duly Incorporated, or |
any incorporation does or omits any act |
which amounts to a surrender or for
feiture OF its rights and privileges as a |
or exercises power not con- |
TERED by law, or if any railroad COM
1any doing business in this state shall |
charge an extortionate rate for the |
of any freight and pas
'engers, or refuse to draw or carry |
he cars of any other railroad company |
,ver its line as required by the laws of |
his state, the attorney general or dis
riot or county attorney of the proper
county or district, either of his own &C
'ord or at the instance of any Individual
elator, may present petition to the dis
rict court of the proper county or any |
Judge thereof, in vacation, for leave to
lie an information in the nature of q
luo warranto, in the name of the state
# Texas; and if such court or Judge
hall be satisfied that there is probable
round for the proceeding, the court or
udge may grant the petition and order
he information to be filed and process to
ssue. - (See Art. 409s, Sec. l, SayIes
JIyil Statutes)
And further declared, tIn case any
'erson or corporation against whom any
UGH is filed shall be adjudRsd guilty,
IS charged in the information,
he courts shall give Judgment of /
ulster against such person or corpora
ion from the office or franchise, and
nay fine such person or corpoation
or usurping, intruding into or unlaw-
ully holding or executing such Office or
ranehise. and shall also give judgment
n favor of the relator for the cost Of the
- (See Art. 409S Sec. 10. }
In section six the punishment for vio-
alton Is increased. 1t reads: 1.-THE
emedy and mode of procedure hereby
rescribed shall be construed to be Gu
nulstive of any now existing -
Article 1883, section ten, Sayles Civil