Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-02-08

Isa Purposes shown in Minority Re-
por written by the Author.

DON MFiNtth Dy NAG AhAhtha
Austin. Feb. Tin these dispatches
was an interview with Hon. w. A.
Bramlettc OF Fannin, explanatory OF
his measure. The ward bill ls fully
explained In the minority report by tho
committee on Internal Improvements.
The report was written By Ward:
Hon I. S. Smith, Speaker of the House
OF Representatives
Austin. Tex, Feb. 1, 1s95.--Sir: The
undersigned members OF the house COM
mittee on Internal improvements, re-
Hpeotfully beg leave to submit tie fol-
lowing report on house bill No. az, en-
used AN act granting to railroad
companies under the laws of this state.
and which are not parallel or Compel
Ing, the right and authority to merge
their properties and franchises by pur-
chase, lease. or consolidation" etc.
In our opinion the bill should pass,
ana we 80 recommend. The terms OF
the bill In express words affect only,
and, indeed. only could affect compan-
lee organized under the las OF this
state, ana also expressly limit it's oUar-
alton or privileges to such companies
ana lines as are nOn-compeutive and
non-competlng, and also reiterate the
constitutional prohibitions against con-
holidations OF lines In this stdte with
those OF other states, or Of the United
States. We therefore understand the
reinforcing II such were possible, every
guard and restriction which our consti-
tuition or our statutes have thrown
around the operation OF railroads in
Texas. II this were not true we should
Withhold our approval from the meas
ure. This bill purports simply to grant
permission 10 railway companies 10 do
that which, when requested In the in
terest Of particular corporations, we
UNDERSTAND the legislature to be always
willing To do Indeed, II simply grants
that which Ia the first instance n cor
purauon in taking out lts charter I'M
der the laws OF this state might be per-
mittcd to do IN the construction of it's
lines ana branches, that 10, grants COM
pnnies which have constructed or own
separate parcels. which, 10y linking to-
gether, would form continues line
or branches thereof and prohibits the
merging In any form or guist OF trunk
ines or competitive or parallel lines,
We understand the doubt which legal
minds have entertained regarding The
power OF the legislature by special law
To amend the charter or grant Hpeclal
powers TO any one or more companies.
rights or privileges which are not en-
dyed by all other like companies. This
uoupt arises by reason OF the prohlbi-
Tons In our constitution. as fuliows:
Article 8, section GO; The legislature
shall not, except ny otforN Use provided
IN thls constitution pass any local or
special law authorizing lncor-
poruting railroads or other WORKS of in
ternal improvement. and In all other
cases where general law can be made
applicable no local or special law shall
De enacted; provided, that nothing
herein contained shall be construed TO
prohibit the legislature from unssfn,
special laws for the preservation of
the game and fish VI this state In GER
tain localities.
And again In article 70, section l. as
iollowa! No private corporation shall
be created except by general laws"
section 2 General laws shall be en-
acted for the creation Of private cor
poratIons, and shall therein provide
Iully for the adequate protection OF the
pubic and for the individual stock
Many lawyers doubt whether. in
view ~ the above provision OF the con-
stitutlon prohibiting special acts OF In
corporation OF railroad companies, We
have The power Of amendment OF pre-
existing charters 10 grant special pow
era 10 one or another which arc not
Granted to all Of the kind or class.
While this doubt may not be well
founded yet II exials, and there neither
~ nor can be n doubt as to the validity
OF general law ON tho subject. While
We could not and would not. advise
the house TO act favorobly upon any
measure that contrnvcnes the guards
OF restrictions which by the oonstiu-
tlon and stotutcs have been provided
for the protection OF the people OF
Texas against unlimited absorption
and control OF railway lines. yet we
deem It to the interests OF the state
TO do such things within tho limit that
such thlaga should he done by general
law, conoeiving that TO be the spirit OF
our constitution. We do not under
stand any objection to be made 10 the
granting OF power to merge branches
into and with connecting main lines,
or TO tho granting OF power TO merue
into one whole mere connections or
extensions OF existing lines, and con.
eeivins that this bill permits only
mat and prohibits all else, We, for the
reasons given above. recommend Ig
nNsNNge, In View OF the Importance of
the bill, We ask tho house TO have tho
bill and the majority aud minority ro-
ports printed before netting on the bin
or the reports.
WARD.
BEARD.
MARTINDAI4E.