Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-04-09
SUIT
Involving a Large Body
OF Land.
enAsrED TO RAnwAr conFAan
Bvr SO CERTIFICATES HAVE
BEES IssrED.
THE SUPREME COURT
kow ms ruE NATTER usDEn
CONFEDERATION.
The suit Results Yrsm the Enorts Of
special cssmsssIoHsr Thomson
-
THE SUPREME COURT
Now mas TuE NATTER usDEH
CONFEDERATION.

Austin, Tex. April Especial Tho
supreme court u this state now has Ua-
der consideration case OF great inter-
est 10 the people Of Texas and TO the
railroad system known as the Cotton
Beit~ The case Is styled m. ". Thorn
son. SPECIAL commissioner. "a A. ].
Baker, commiasiquAr % the general
land once aad Was brought By Rec
tor. Thompson 4 Rector. attorney Tor
Phillips Z Fish Of New York trustees
Tor the bondhoidgrs OF the Texas and
~. isouis railroad company 50 rexas.
The grounds OF the suit are 20 be
found IN legislative action Of years ago.
The Tyler Tap Railroad company WAS
Unsupported BY act VI the legislature
approved December !. 1871. Tae char
ter name WIS subsequently, changed In
one particular o. another I'll Il became
Tho TeNAs and 81. Louis Railroad COM
tAny in Texas" and under this name
Il appeara In the present suit.
By al act " tho legislature approved
May II. 1873. and amended b. the lrgia-
inture u 1881. any Railroad company
On the completion u ten miles OF rail-
road ;rnck was entitled % certificate
calling for sixteen seCtipna ~ public
land for every mile 81 rod completed.
Under this act this road was completed
Ia December, 1854. from Corsicana 70
Waco. a distance Of - II miles Of main
line track. This WAS surveyed and re-
ported upon by Alexander HNgg. i.sw
superintendent Of public schools u Fort
Worth Who had been appointed FOR
that purpose hy Governor .. ". Rob-
erts. On this report By Mr Hog: Cow
ernor Roberts authorized the commits
sloner VI the general land Office to is-
sue certificates TO the railroad cum
pAny Tor 81 sections % lana aKgregs-
ting 2.izS 900 acres Of land 10 be located
wherever available lands were 20 be
frtNu aIff fIs ~ =
presented 70 " Q. Walsh. commis-
rioner Of the general land Office. nut
before the certificates were issued the
legislature passed general law APP
proycd April y. issz, forhidding the
further issuance o. land certificates 70
railroad companies for building rail-
ruads Under the Instructions contain
81 In this act the land commissioner
refused to issue the certifcAtca
Prior TO this date IN 1850 the railroad
company had issued bonds 20 the
sinount Of $500 q mile 70 secure which
4 mortgase was executed epyerins all
ita property, Including those s7s Sec
tions ~ land. naming Ahram Wolf and
J. w Philiips AS trustees. Won after
uardn retired and the trustees became
Fish a Phillips. In the course og time
tho railroad defaulted IN the payment
81 IS interess and foreclosure proceed.
inRH were Instituted, which suit was
Sustained. and n ", Thomson was ap-
pointed special commissioner by ihf
on the 10Th Of December last Mr..
Thomson applied % Land Commits.
fioncr Baker for the certificates. hui
h. refused the application. The pres
The attorney general, Hon M. NJ
Crane, - that q the railroad company
o. its creditors ever had any righti
they have been forfeited.