Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-03

San Antonio, Tex. Doc, i.-Edltor Ga
zette: My attention has been called to
a special from Fort Worth, published
In the Austin statesman. san Antonio
Express and Houston Daily Post In
which 1t is stated that Gov.-elcet cul-
berson. as attorney general OF Texas,
hus argued before tho second court OF
oivi npponis Ia Fort Worth, the case
OF the state to forfeit the title OF lands
near Colorado city which were granted
to the Houston and Texas Central Rail
way company The article pretended
to set out rather specifically the eon-
tentlon or the attorney general. II
has been my custom during the trial OF
cases involving the tltle 10 theme rail-
way landa, Ms The Same are pending
Ia the courts, not to notice the same
through the newspapers, but In view
OF the fact that the newspaper article
has stated TINT the "Euit may Involve
the title to all lnnda granted by Texas
TO the Houston and TeXaa Central rail-
road" | have been solicited 10 notice the
special.
II will be observed that the special
only noted the presence OF the attorney
general IN the case, and II docs not np-
pear that any one represented the do
fendunt Whatever. 1 conclude. from
this. that whoever wrote the article
IN question was not present IN court
during tho atBumcnL ANA am at n los8
10 know whore the reporter Got his In
formation, such articles cloud the IL
tie 60 many lnlllluns OF acres of land
aitunted Ia cvory part 0f Texas, npon
which are located many homes.
u the reporter had called upon Con,
Culberson FOR a statcmunt of the case
1t would not ho necessary for any ono
10 notice the report, which Is 30 mis-
caieyous ia ITS effect
That 1t may be understood by those
holding title from the railway COM
pany that u does nor aifect an the
lands granted by the railway company.
l beg 10 state that the charter to the
railway company was approved on
March II. 1873, The act OF tha 2tth dgy
OF February 1852, granted to the Houa-
ton and Texas Central railway COM
pany eight sections 90 land 10 tho mile
The railway was originally chartered
I from Galveston 90 Red River. ON the
3th day of February, 1853 hy special
net supplementary to It's charter, the
railroad company was further authoria.
ed 10 build TO the city OF Austin. ON
the a3d OF January, 1856 the railway
company WIS required To connect with
soma road reaching 20 or IN the Vicinity
OF Rod River before Il should cotn-
mtncc any branch road Tho railroad
oompory was originally chartered with
all general branching privileges. hut
the act pt January Esd REQUIRED The
railway company 10 surrender nh gem
cral branch privileges except such as
were granitd ny The provisions of its
ohavter shat Is, tho right 10 build ia
Austin was not required to be sur.
rendered
The ttci or january So 1854, Increased
the amount 10 eight more sections.
making Il sixteen sections OF land. The
act OF January 81 1866, gave 10 Tim
Houston aud Texas Central railway
company 4 grant ~ sixteen sections ~
land FOR crery milo OF road constructotl
or may be constructed Ia accordance
with the provisions OF tho charter Of
the railway Provided tue road 10
put IN running order 70 BRYAN station
and cars run regularly thereon, by the
lst day OF September. 1867, The proof
IN tho case showed thar tho railway
company did comply with the law ma
WAS IN Bryan station and cars RIM.
ning into BRYAN siatlon In the month ~
August, 1851. one month before tho time
expired. The act entitled IAN act nor
the benefit OF railroad companies. M.
proved November 70, 1862 referred H.
has hetn construed TO he a vaii5 AZ.
Ia the ease Of Railway vs. Coinmission,
or. ~ Tex, $50; Davis ~. Gray, ig Wal
lace Y. -, EOS; ouinlsn vs.. H. A n a.
Ry., - s.. W. Rep, 6g3
II VIII therefore be observed that the
statement made In tho special Il nnt
borne out by the facts nor by ire III,
sisiops Of the highest cuurts IA The
land The act passed August. $50
extended further time In which to COM