The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-03-21


was called for the purpose OF framing. q
constitution for the State. This const-
tuition 10 hc framed by It was 10 be, sub
people The convention had no power OF
independent legislation. We are OF inc
opinion that when a convention IL caisd
10 frame a constitution which ts 10 D.
submitted 10 popular vote for adoption,
II can not pass ordinances anu give them
validity without submitting them TO the
people for ratification Ms a part OF the
constitution. The delegates TO such n
convention are but agents of the people,
and are restricted 10 the exercise OF me
powers conferred upon them by the law
which authorizes their election and MS
semblage. This decision does not AFFECT
the validity Of ordinances which nave
adopted as part OF the fundamental law
Of the land. 90 Texas, 5i6, 81 Texas, lisl
We are. therefore. OF the opinlon that the
lzcd no other conclusion save that, at the
tins that the special act Of August O. lS'o.
pany had not been organized. /, toilows
the cause wil be romaudcd,
>. The sgcpld question presented by the
assignment II error In this court is wheth-
cr or not the plaintiff showed title 10 the
certificates. II valid, upon which the
July 1. lsSi. ths Waco and N@orthwes,ern
Railroad company executed to two truS-
tees deed Of trust upon is property TO
secure the Houston and Texas Central
Hallway company In the payment Of $685.
600 and that, In pnrsmA nee OF the power
therein conferred. the trustees sold the
trail Railway conpanv an March, A. 1874
The description OF the proporiy given tl
the MORTGAGE and In the conveyance 10y
the trustees contained tho following
And also ali and singular tho chartered
rights. privileges aud franchises of every
kind granted 10 The Waco and North.
the legislature which ARC now possesscd
by It or 10 which It may hereafter b.
come entitled under sail acts and the
laws of Texas relating to railroads"
DO not these wor,is Of drscriptjon In
cludc the right OF the company to acquire
lnndsp ia no, r. dncd ~ Tho trilsfops
sufficient To- mass the title 10 all lands
acquired hv tho companv after the mort
gage was executrdp II seems TO us that
case of shirley ~ Railway coupany 7s
TsNns and thad th,,v are sim omen ,ltics-
tons BUT It Ia Insisted that after the
sale of the franchises and nroperty OF the
Waco and Nnrthwcstern Railroad com.
pany under the deed of trust TO the Hons
ION and Texas Central railway company
the directors of tho ''gnlH-oufr company
ordered "A CONVEYANCE Of mo lands 10 Inc
latter rompnnv I'm pavmeni Of n balance
of $4,000 stnl duo H. aud that In ac-
oordanue Herewith the president aud sec.
rotary of the ''sold- out corporatlon exc
cuted a deed thereto 10 Inn nlaintin II
seems To have been held In shirley VS.
Railway compnnv that sitch nciion CON
Veyed title. Bnt while Inc record before
us shows the decd mnriion,a II ut,ins
no evidence OF any action on the part Of
the directors Of Tho Waco and North
western railroad compnnv whinh author
tied It's execution.
Under the statute then in force. the
was to PASS To Tho n,ircl,aser tbe rsiircad
and ali the propcrtr aud fronchises Of thc
company approximate 10 ITS operation and
G'as Dig. ari tala( XII ms ststnte
also provides In eject that the directors
the pronertv Of suoh eon1al'v az M mnV W not rot
PGTpos Of paying ssf " the as gs,S for me
ana dislrlbtitiufa tha sun,,Iics r. snv
among the stocitholders sinrn III sta,nis
directed that the galc sho,lid transfer the
corporate franchise It was probably ueces-
sary to prnyide that tho nowaps af tbc
dir ,.,i,l as to The usseis not sold should
,V1sn.un ~ 9iuer TO enhnie Them TO ai'-
their proceeds among those equitably en-.
Titled thereto. such W. think the pur-
Wsetbnr thev si taii ,b anu no.hi4g more
or directors. we deem nnimpnrtant md
we are Inclined to think that n deed pur.
pplsiiiR TO- heSe ,peen executed by. the
''sold-out" corporatlon shouid b1 tcn,tnd
as prima facie evidence Of Title In the
Era i.t. Bnt ne tSstinqny does NOT make
was not elected W. nfnr,herd NJ Hl.et 10Y
was no power to choose a new directory,
S ni,, lnh b, aiy action hN persons 50 chosen
chance. the old and Inc ncy v",Gss' per.
were composed Of the same persons. In
,bat ryeu, ene rue adopted IN this court,
~, ,,,. ~ uNNlNt n Nalld power con.
thGi5,I X, ;S,. ~ cvuN'Nahce rs good al
rover vsbirh ig in,,oii, a., ndipSr Another !
nrI,lv RnVe,sod ,,t,''ai. WOMB pfopahly
6nibiou la, f,airS,.' ,'HTlan''u.
'' '''''''' 't' d.
II is uuderatood tb,t t,o o,,,,.o L.
tifrainse ' isinfd we yaldI,E Of al INC Ger
western Railroad eomnanv ''" anu Nor1N-