Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-10-01
HOGG'S LETTER.
HISTORY OF SUITS BROUGHT
WHEN ATTORNEY
A Terrible Fate Awaits the Masses Unless
the Water is Squeezed Out OF Rail
road Securities.
Special TO the Gazette.

AUSTIN. TEX. Sept. 26.-The following
letter from Governor Hogg to friend re
lates in very clear and telling manner the
history of the various actions brought by
him, as attorney general. against the In
tcrnational and Great Northern railway
hensive statement of those cases that has
been made public, and for that reason vii
be found well worth reading.
AUSTIN, Ten. Sept. 81, 1891.
lion. Fl. NJ. Gossett. kaufman, Tex.
DEAR SIR-In obedience to your courteous
request. | take pleasure in giving YOU u his
tory of the states several actions brought
by me while Encouragement affecting the
international and Great Northern railroad
l. On December 3, 1881, in the district
court at Austin, | sued that company 10
forfeit its charter and 10 cancel its eXemp-
ton from taxation, and asked for the APP
pointment of receiver Of its property,
upon the grounds that it had wilfully per-
mitted its rOad-bed and rolling stock 10 get
out Of repair so Us to endanger the lives
of It's passengers, that ii had failed to keep
and maintain its passenger and freight
depotS i'll decent OF good repair. that it mad
diverted its corporate funds TO improper
purposes. thai it was encountered by
''wateredr bonds and stock, so Us to render
it unable to perform its public functions
that II had failed to operate regular trains
over its line OF railway, that it had
abandoned and surrendered its line 20
another company, that it had leased and
sold out the whole corporate property TO 4
parallel and competing railway company
the Missouri, Kansas and Texas u foreign
corporation-in violation Of its charter that
the officers of other and competing railway
companies controlled and managed its
affairs, with headquarters at St. Louis, Mo,
and that il was without 4 bona tde Organi-
cation in the state of Texas.
Immediately after service was had on the
company, it began system OF vigorous i'm
provements by repairing its track, relay
ing new steel rails, reconstructing new de-
pots all along its way, placing on extra
trains and removing its general offices,
headquarters and shops back from St.
Louis to Palestine on the line of its road,
and ut once assumed the management of its
own affairs in It's own proper name, through
its own proper officers in Texas
The case was tried nj the March term.
1855, at which time the company showed
that it had substantially complied with the
demands of the state in the particulars
mentioned: and III addition thereto. it eX-
hibitcd the proof of the cancellation of its
lease TO the Missouri. Kansas and Texas
railway company, signed by the president,
Mr.. JAY Gould.
After stubborn contest the court held
dBilISl tHt SidLc On llS utlndIu LOT Il IOt-
fixture of the charter. on the ground that
other remedies had been provided by the
legislators for violation Of the laws charged
against the company: but Il decree granting
Il forfeiture of the tax exemption enjoyed
by it under the charter was rendered in
favor of the state.
From this JUDI ment the company appealed
to the supreme court Of the state, where it
was finally held that the exemption from
taxation originally granted by the state TO
h, company could not be forfeited or re
claimed. This final decision was rendered
on the 10Th day of December 1889. tSee -
Tex, SOL
Up to this time there had never been but
one forfeiture of Il railroad charter in the
United States that | could find, and it did
not apply as a precedent for this one. There
had never been case directly in point on
the power of the state 10 cancel a tax eX-
emptiou. and ! earnestly tried to establish
one. rs | believe the company had forfeited
its right 10 it, if it ever had any.
The effect Of that action was salutarv
and clearly perceptible The property was
in :. terrible condition, which was fully es-
tabiShcd. Dr. Palmer, Il prominent cit-
zen. swore on the trial that before the
action was brought the cars shook SO that
he could not read i newspaper nor wear his
>pectaclcS. Mr. Giles sw0re that III some
places it took d good rider to stay aboard
the trains. Mr.. Cronin. VINO was the road
master Of the company. sUOre that over so
per cent Of the trains ran OH the track on
certain parts al the road Some Of the con-
iuct0rS testified that they were ashamed TO
that they served on the road
MIR. Reeves. Col. Walton anu others swore
10 facts equally as damaging. | know. and
every other citizen who passed over the
road befor the action was brought knows,
hat II was absolutely dangerous TO travel |
over II. In fact, no one could procure an |
accident policy over the line Everybody |
amiliar with the affairs of the company |
Knew that it was operated by the Missouri !
Pacific and Missouri. Kansas and Texas |
'ailway companies, and that for several |
ears such company as the International |
md Great Northern was not known to ex- |
ST in this state.
While the state failed to procure the for |
eiture demanded. and which I always will |
believe it had a right TO have decreed in its
avor, vet every one familiar with that road |
5 bound to admit the valuable results Sc
ured by the action.
:. The next action was by injunction in |
he district court of Travis county, which |
'rought at the spring term. lSSS. in the |
anne of the State against the Gulf Colo
ado and Santa f'e ct al. This was to re-
train uiue trunk railways. including the |
International and Great Northern. from op-
rating under the provisions of an agree
leHt that was known as the Texas traffic
SSociatiOn, whose purpose was TO regulate |
nd maintain rates. and 10 prevent compe-
ition among themselves and several lines of |
Their states.
On the trial of this case the court rem
cred decree dissolving the Traffic aSso-
iation and perpetually restraining the va
iouS defendant companies from acting to-
ether in violation OF our constitution and
Tvs. Naturally, of course. they appealed
} the supreme court of our state. but a de-
siou vas rendered there at the fall term.
SIS, sustaining the action of the court be-
Nv. This finally and forever destroyed
lat association and made free and COM
lete the organization of the |. & G.. y. Co,
of all others under its charter
his case now is 4 valuable precedent all
yer the United States.
>. The third action affecting that COM
any was one brought in the name of the
ate against the Missouri. Kansas and |
exaS and the International and Great
orthern in the district court here on
iarch IS, 1889 1t was to restrain the
lissouri, Kansas and Texas, Incorporated
lder the laws of another state, and Il com
citing line of the International and Great
orthern, from voting the stock of the lat
r company, or in any way controlling its
fairs, also to cancel the said stock,
to nearly $4,000, 00Q held by the
iSsouri, Kansas and Texas.
The court granted temporary injunction |
the Missouri Kansas and Texas
ON in any way voting the stock which it
I'D, or in any particular Interfering in the
fairs of the International and Great
orthern- That injunction yet stands.
ithout j motion ever having been made to |
ssoive IL. To-day MIR. Cochran of st.