Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-12-11
THAT TEXAS CENTRAL SUIT.
nRouonT ny THE STATE OF
TEXAS.
To Annui n Land subsidy and what
the PIaintin Claims to be Involved
In the Litigation--wLat Senator
Carter Has 10 Say.

The scope OF tho contention OF the
plaintin in a suit from Nolan county,
brought by the state to annul land
subsidy granted to the Houston and
Texas Central railway, now pending
In the civil court OF appeals, has caus-
ed discussion lately IN the columns OF
The Gazette. marked by a sharp d.
vergeneG Of opinion as to what is really
involved in the suit
In an interview with Gazette re-
porter. Senator a. NJ. Carter stated his
recollection. from memory. Of the mat
tiers involved. Mr. Cobbs. attorney for
the defendant, challenged that state
mont. and Senator Carter refers to
the record or the findings by the court
below for TN exact Abatement Ct the
issues raised. It reads as follows:
No. 269-lrhe state OF Texas ss. Hous-
ton and Texas Central Railway COM
pany. Fred T.. olcott and George q.
Downs. In the district court, Nolan
county. March term, A, ID. 1898.
This is a suit by the state, through
its attorney general. J. S. Hogg,against
the Houston and Texas Central Rail
way company, Fred +. Olcott and Geo.
Il. Downs, to recover sixteen sections
OF land, each containing Gao acres sit
uated In Nolan county Suit hled Feb
ruary .. 1890. George Il. Downs files
disclaimer
The court finds the following facts,
viz.
l. That special act was passed by
the legislature OF the state Of Texas,
approved March II, isiS. Incorporating
The Galveston and Red River Railway
company. by said act said company
was authorized to construct railroad
frpn point on Galveston bay or it's
contiguous waters to n point on ked
river. with tho privilege Of construct
Ing and maintaining branches, There
was no land grant coupled with this
act of Incorporation Especial Laws
1913, p. 370,)
2, That a special act was passed by
the legislature, approved February II.
1859, supplementary to the above act.
IN which 1t was provided that eight sac-
tons OF lana or go acres each should
be granted TO said company for every
mile Of railroad actually completed
and ready for use. (speclal Laws 1851,
p. l42)
3, That a special act was passed by
the legislature. approved January %.
1856, supplementary to the several acts
Incorporating said company. In which
IL was provided that II said company
completed ita frst twenty-five miles Of
road, commencing at the city of ltous-
ton. within six months after January
30, 1856, Its failure to complete any ppr-
tlon of Its said road before said date
should not operate as forfeiture OF
any of IT'S rights. and the SAID COM
pany would then be entitled to the
rights, benefits and privileges granted
by an act approved January 30. 1851
entitled IAN act to encourage the con-
struction OF railroads In Texas by do
nations OF land" and IL was further
provided In said special act that noth-
ing IN this act shall be so construed
as TO affect the right Of the state to re-
peal or modify the act OF January 30,
1854" BY this special act also the said
company was authorized TO Issue bonds
/ aud to mortgage al It's property. (Spe-
( cial Laws 1856, p. PSI
/ 4. Tint by virtue OF special act OF
| the legislature, approved September !,
| 1886 the name OF tho company was
changed 10 the Houston and Texas
! Central Railway company" especial
| Laws 1866, p, 2j9)
g. That n special act was passed by
! the legislature and approved February
/ 4, 1888, providing that the failure OF
the Houston and TEXAS Central oompa-
[ ny to complete the third section OF
] twenty-five miles OF its road by the
| 10th Of July, 1853, should not work n
! discontlnuance of the benefits confcrr-
| cd By any general laws Of tho state
] OF Texas In reference to railroads, pro-
/ vided the third section should be COM
I pleted by July 30, 1850, This not com
I toins q provlso that tho benefits Of tho
/ provisions OF any general law shall
| only accrue to the said railroad COM
/ pany whilst said law shall rcmaln in
| force" Especial Laws 1858, y. 80
/ r \ 1,,,,
! 1862, the said railway company, by its
/ hoard Of directors, pessed n resolution
/ by which the original hora SIDE stock
| holders OF said company watld be re-
| stored to their rights In said cJmppny
! upon the payment into the treasury of
1 said company OF 10 per cant upon their
said stock in accordance with the pro-
! visions OF the act Of the nth day o:
/ January, 1869, That under and hv
( virtue Of said resolution said stock
1 holders We're accorded all rights CON
Z templated by said law and many
/ stockholders took advantage thereof.
I a copy " said resolution was never
! forwarded to the Rovorncr of Texas.
! 4 Thht special act WAS passed nv
] the legislature md approved Septem-
/ her Fl, 1865, which provided. among
4 other things that the said houston
/ and Texas Central Railway company
shall construct and put IN running or
I der section Of twenty-five miles OF
1 additional road to that now built within
/ one year from January l. 1857. or fifty
miles within tws years fran shat date
I and such grant ,of lind tsixteon sec
u"nS 70 me mile>grautc'l In the act,)
! ahall be Ascottln3sd whcn said come
( pnny shan fail 10 cnnstrut and com
/ plete ~ least twenty five mites nf she
! road contemplated hv their charter
T cnch ys( after the constinctll OF sall
I nrst ~ Ne,'iuoned itiy miles OF roa1