The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-09-19

| o<ekluk 10 en1O1n the rhtcs lIupoccu w
them by the railway commission. Anothc
case at FL Paso Involving three or fou
hundred thousand acres Of land. which tbs
State has undertaken to defend for thu
settlers. In the district courts we have
various cases pending; one at Wichita
Falls. one at ouanah, one in Travis county
for $4,000 acres OF land; the insurance
trust case. and numbers OF others agains
railway companies for determinations. Be.
sides these cases, II 10 the desire OF ths
department to bring q number OF others oil
the same character within the next few
weeks.
Il have only three lawyers in the office
to assist me. They are all efficient, and
have done most valuable work: yet a large
part Of their time is consumed by routine
business. which can not be brushed aside.
For instance. the greater portion Of one
mans time is taken no iu answering aues-
tons propounded by the various county
and district offices in reference 10 matters
in which State interests are more or less
] involved. second mans time rs largely
| consumed In attention to municipal and
| county bonds: while the time Of the other
and myself must necessarily be taken up
TO large extent by tho examination Of
| the questions submitted by the various
heads OF the departments OF the State. Us
well az the governor for our decision. The
correspondence between the heads of the
various depnrtments and this Office Ia vol
luminous and the questions submitted are
many and difficult.
with these conditions confronting me, |
saw how utterly impractIcable 1t would be
to devote all OF the remaining months OF
my term Of Office to bringing penalty suits
against the Southern Pacific company That
the other duties which / have mentioned
were equally as IMPORTANT and equally us
imperative. The Southern Pacific Offered
TO settle II basis could be agreed upon.
| then called their attention to article 29o2
OF the Revised Statutes. which runds as
follows No admission. agreement or
waiver made by tho attorney general In
any action or suit In which the State Is
party snail prejudice the rights of the
STATE. l told them to begin with that
| hhd 10 disuosition to bind the State or
NV successor by any agreement of any Kind
or character. and that II | were disposed
10 DO II. II was 40 plain that | could not
90 II, that 1t was beyond the pale OF dis
cussion' That statute In question has be en-
the law since 1916. though my ignorant
critics did not know OF itB existence. II
thev had looked at this statute very much
OF the So-called scandal would never have
neeh suggested. and they would MT then
nave exposed either their ignorance or
'holf mcndacitv.
Ihe railway people, as well as myself,
recognized the fact that had no author
ny TO make eny agreement with them by
Whioh the State would lose the right to
prlls any suit But realized. as before
stated that had more cases TO try dur
ing the twelve months left me than il
would be possible for me to try That
" would do nothing else but try South
ern Pacific cases 1t was doubtful whether
! would be able TO reach any more than
hity cases. Indeed with the other cases
mad on the docket. 1t would seem almost
.,hpiNcucable to try even fifty cases.
therefore, agreed with the Southern Pacific
Haiiway company that II they would plead
guilty In the nifty cases, l would bring no
more suits against them during my, term
vi on'ee. provided they would not further
.ioia'e the law. In other words, provided
'hcy would neither discriminate AGAINST
persons nor places In the future. They
reluctantly consented to this and judg.
lhents nave been entered MS agreed to
against them for $4,000. The advantages
SECURED TO the State by these pleas OF
guilty are; !, That II gives the State tho
sso'u00 without expense or cost and leaves
the attorney generals department time to
transact other business made equally az
Imperative by the constitution and statutes
es .ne Dt'hElng or rebate suits g II will
enable the department to give some part
OF It's attention to other railroad com
Nhies as well as the Southern Pacific
system, 5. II secures complete bedlcnce
10 the laws OF the State by the Southern
Pacific Railroad company, insofar ms tho
DETERMINATIONS against persons md places
arc concerned; with the present expert
force retained this condition viii be con.
tinued a. II leaves to the State every
cause OF action that 1t had In the begin.
hins; none OF them have been waived
none OF them have been cancelled mona of
them have been sacrificed nor has thore
been any attempt TO waive, sacrifice or
cancel them. With this fact known f,hat
none OF the causes Of action have been