Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-17
SUPREME CORRT OF TEXAS
Continued from Slrth Page.

wss reg At :, sec. Sc. How? BY donation Of
roIIl2? lands? No. It only conferred power on
uSHs-Cad companies TO any amount not exceed
Ia-sIS 1.u per mle'' on very restrictive condi-
llt sr,onr which was that 1.-THE state shall al
tc.b h.. secured for all bonds guaranteed for any
W. 80 com0any by a first lien or mortgage
To-, the road. TO.ingStock, depots and fran
uItLs And It also gave the comptroller au-
ttor5tv ''to take possession OF any railroad In
sssgii of pay ing any bonds which may be guar
49, rv The state II nowhere authorized or
an'gff-5 the legislature TO aid such corporations
ilsrard grants, nor did it mention immi grafton
aISt leeds 10 a consideration of the memorable
-"-5+1fian Of 1863. Following up all the
G9e- ones It spoke out on education, and also
- Il the duty OF the legislature OF this state
I-'r.Ea suitable provisl ms Tor the support and
lo,9-enarce of q system of public free schools
- sec +, ard provided that the whole pro-
90 If sale Of public domain should go to that
.e--ss r.. sides a large sha Of taxes. Secs.
s-r5- 3u.. as held BIZ the court in this case,
g'-.forbaie the grant OF land by the state to aid
&: .r-e construction Of railroads.
- Erggver. it did provide for the encourage
mi oil immigration. No doubt of this; but as
: -rears Of defra, ing the expense incident
sLereto Il said: THE legislature shall have
[rer 10 appropriate part of the ordinary reve-
No IF the tate for the purpose OF promoting
and protecting immigration" Art. Il, secs.
nd Il did not authorize the use of public do
- In that way, For fear that Castle Gar
cen would he turned in on Texas, or from
me other cause, the people revolted at this
90 annie q
--Ef5rr.G he ike by the provision of the con-
t-iuriou ct 1876, herein quoted.
e1r1rra. lied the six Constitutions of Texas
-,rf-avaTt the court s assertion as to the three
Ssssfry objects Of the people in disposing of the
-rr.jc domain. in the following particulars:
- All The constitutions made IL the duty of the
legislature 10 provide for the ,upport and main
teguce of public free schools, and the last three
Of them made appropriations of public domain
~ 10 CONSTITUTE ton has ever made it the duty of
Ia "a rail nj of he nI1Dl
y only two out Of the six constitutions au-
tHorizgG aid 10 railways-one by legislative
g1arautv Of their bonds, the other by land
srsn-s-whi1e one forbade the grant OF lands to
+Hfm and IN ee never mentioned them at all.
J. -Four ut Of the six constitutions ignored
The question of immigration; one authorized leg
isIatyc AID out of the general revenue to il, and
lie other expressly prohibited legislative efforts
IN that direction.
vi hout intending offensive repetition the
ouesttOn again ar seS, On what constitution or
law docs the court base its declarations til at
''theIe have always existed witt the people of
this state hree prominent objects Immigration,
education and raIlways), which through their
constitutions and laws they have worked to ac-
compl.sh by means Of the public domain, - and
that the constitution Of 1876 had IN view not
one alone. but al OF these objects, and one of
them no more than another can be disregarded
WHEN engaged IN the task of asceTtaining its
I'm discharglng the task of ascertaining the
true meaning Of The "One-half'' clause of the
constitution Of 1876 the court LOOKS beyond the
instrument ltse I, into legislative acts, TO sup
mort the theory that the three prominent OBJ
iacrs' referred to were in view and were intend
ID TO he accomplished by means of the public
domain when the people adopted the constitu-
ton Il must also fail. The first general law grant
ing lands in aid OF railroads was passed January
sU lsJ4. By its own terms 1t expired at the end
Of ten years. II vas never revived, re-enacted,
OF extended according to constitutional require
ment at any time. At any rate, it was by reason
Of conflict repealed by the constitution of 1856,
~
next and only other law similar to it, or in any
wav granting aid to railways, was that of 1875,
expressly repealed in 1882. 1t is true an amend
Iueut 10 the cOnstiiut was passed in 1873, au-
ih0rizng the legislature to grant land aid to
railways, but here was no general law passed
20 give it force. This much for legislation on
The only law mentioning the subject of immi-
grafton that can be found was the act which es-
blshed bureau for that purpose. passed
in pursuance Of the cons tuition OF 1863.
On the subject or education, no session OF the
legislature has passed for many years in success
sion without u Ia ing prominent and some
times the leading part in the proceedings. Laws
after laws have been passed and amended until
now they occupy more space in the statutes than
those on most any other question They have
not been repealed, nor has public support of
public free schools been withdrawn. Why?
Because the constitution, to say nothing about
public sentiment, commands that they shall be
supported and maintained, as they are essential
10 the rights and liberties Of the people!
How about railway aid? It has been long
since withdrawn. Why? The legislature was not
commanded to aid them and therefore, in the
exercise OF its discretion, with or without
cuse, II repaa led the law on the subject in less
than SIX years after 1t was passed.
How then can the court i've these ''three i'm
poTtant Objects equal dignity and weight in
constituting any clause Of the constitution?
III.
The courts declaration that the legislature
and governors have for a long period of years
given the lone haIf'' clause a different con-
struction from the one contended for by the
state is wholly unsupported by the laws and
records on that subject. The opinion in making
this announcement fails to quote law to support
it ITO notice several, and in fact the most i'm
poJtant, laws and official utterances that contra
DICT 1t. Examine them and see:
]. Executive depaTtment-It is perhaps per-
missable to again draw the courts attention TO
the facts, verified by the records, that the frat
session OF the legislature under tle present con-
sututon assembled on the 18th day of April,
$50, the day the constitution took effect, and
Inc second convened on the 18th day of January,
1917. That on the 9th day of May, 1876, tae first
governor elected under that constitution was
promoted 10 the United States senate, where he
mas ever since remained. Succeeding him I'M
Der the law the acknowledgement became the
executive after the adjournment of the legisla-
lure, OF course under necessarily embarrassing
circumstances. In the natu Of things he could
not do much more than ''hold the Office and
DC responsible for the full execution of every
constitutional provision, without an opportunity
q express his views in official form, except as
be retired from office.
On the assembling of the next legislature the
hTst duly elected governor under that constitu-
hon, who had ample notice and time for investi-
gazing al, fundamental questions and maturing
line Of policy, in his inaugural address on
January y, 1879. made nse of the following lam
glaEe 70 the legislature:
There are other obligations imposed upon
me government Of the state by the constitution
" equally as high nature, which are TO devote
one half OF all the public lands TO the public
SChooi fund, and ZOO, 900 OF acres to the univer
Sty fund, and 3, 600, 900 Of acres the building
Of capitol of the state. Under the present
not be met, and the people viii have to be taxed
y perform Them Inaugural address of Gov.
y: NJ Roberts, January p, 1873, house journal,
49,. p. lI2.
. The tree common schools have their founda-
uon in the const tuition Of the state. The mode
loT, ana OF an available fund, with the manner
o. lis distribution annually, are prescribed in
tae same instrument. 1t results in fixing it
Cuty upon the government OF the state, and not
as charity, to educate the rising generation.
, Its permanent fund consists of surveyed
lands Of about p ,OOO, COZ acres, and half of all
me vacant domain, making 10, 600, 200 acres
more. set apart by the constitution. - Message
o. Gov Roberts, February 10, 1879, house jour
nal, p, 3i2.
This construction is Of no doubtful mean
lhr a d its source will. hardly be criticised as
authority on such questions.
IL was with prophetic ken that this faithful
governor ca lea attention to he policy of pro-
eras' nation, - and as a result thereof predicted
ihe nt Cessity of taxation on the people, Tor in
~ an amendment to the constitution was sub
nt.ed 10y the legislature and adopted by the