Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-11

approved FEBRUARY . lo"es 50 49,.
| ington County Railroad company was
chartered for the pprpose Of construct
Ing railway from some point on tho
| track OF the Galveston and Reu hiNer
railroad, crossing the Brazos rNsi
within the limits Of Washington county
and then running IN the most sulthple
direct line to Brenham. IN SAID county;
The said company was orsanl.eu ah9
constructed Its road from Henpstsau'
In Waller county TO BRENNAN, IN
washington county, distance oil ABOUT
twenty-five miles.
i6. That by the set OF the Legislature
passed August 10, 1870 the washington
County railroad was merged IN ana pc
came part OF the Houston ana texas
Ceptral railway That latter railway
was authorized hY said act 10 eNtenu
the Washington county railroad from
Brennan TO the Gty OF Austin
II. That the Houston and Texas Cen
trial railway receired from the state OF
Texas $40 land scrip certificates for $40
acres each, all Of which have been To-
Gated and conveyed ON public Domain
That each and all OF these certihcateH,
In which are Included the ones involved
in this suit, were issued for and uppn
that portion Of defendants line Of rail-
way extending from the city of Bren-
ham to tho city Of Austin,
is. That the defendants maln line OF
track from BRENNAN TO AusuA, men
TONED IN each OF sara eertlheAt"s, ~
70 l3e-lIt miles. ana the sluillHs anu
switches at and between the same
points 70 . 35.es miles.
10. That the hnds described In plain
uu's petition We're located AMI are
now held without patents 10y tho de-
iehcnnl5 by Virtue OF SAL ceflluc'lt-s
hcciulrg L. ttf number ana ueAtElp-
ueli SCI Iottl II satu peutltn.
~. inc sections OF deIenda hts me OF
railway from B.enham to Ausin We're
Completed respectively; flrsl on '@liu-
~ ~. 'sn' aecOnd on Sefselloef 10,
leni third on November 70 ISL, anu
iourth completed 10 Austin on DeceH-
Der 70, ISL
Il. That the defendants paid taxes on
the land sued for continuously since
they We're located up TO the present
time
70. That the defendants paid all fees
OF locating and surveying the lands
sued for, as well as for the same mum
Der Of alternate sections for the public
free school fund.
~ That the various engineers APP
pointed by the different governors TO
Inspect railroads, as the same were
constructed, In their respective reports
OF Inspection stated the number of
miles and feet OF main track, the num-
Der or miles or feet OF sidlngs. me &C
tiOn Of tho rhqnactlVa Governors pN-
cent C;overnot, Roborts on said reports
waa usuaiiv In the Following words.
H2enort oxemined and annroyad - upon
which rcrorts ana action or The COVER
nors the connrnisslonsr Of tho general
land office Iseued Ia The resnectlve
companIes certldcat es for main track
and sidinps I'm forn, s,tch ne is shown
by the record during the Administered
lion OF Governor Roberts. he approved
for only tho number of miles Of main
track stated In the reDort In one in
stance Governor paws approved a re-
nort % s,dI,,,.s osscinsi,,Fit Ia. which
certificates were issued in usual amount
per mile. This was done In one in
stnnce also bv Governor Hubbard for
which certificates issued. Governor
Hubbard on one of the reports in
dorsed: "This report Of Inspector Gray
examined and approved for thirty miles
main track and sldings as being made,
with the law"
"a. That the lands sued for and de-
scribed In plaintiffs petition are sit
mated In Nolan couniv Texas In yvbnt
Is known as the Pacific reservation,
created by special net Of the legislature
OF date May . 1873 entitled. IAN act
10 adjust aud define the rights Of the
Teyny and Pacific railway ootnnanv
within tho state Of Texas etc" and the
same were located and surveyed, four
OF them on .Ulne Z. 1879.