The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-04-14

when you d. you step beyond the bound
airy Of democratic creeds and enter the
domain OF republican privileges and class
legislation. The people OF Galveston do
not own her port. and her spacious har-
Dor; Il belongs TO the people OF Texas.
The princely appropriation OF the United
States Ia open that channel was not to the
city OF Galveston. but TO the people OK
Texas The citizens OF Texas arc the
common beneaciuries Of sescoast improves
mcnts. and pert privileges and whether
they live on the plains Of the West among
the pines OF the East, or tho cotton fields
OF Central Texas, they have an equal right
with the citizens of Galveston in the per-
petuntion OF every public privilege.
Without fear OF contradiction. | assert
60 you that our laws place their strongest
prohibition upon the sale OF such rights
TO individuals. These rights are the prop
erty OF the people, and you can not sell
their birthright for this mess OF pottage
Our State constitution declares, In ar
ticle IL. section 8;
The right to authorize and regu-
late freights. TOLL Wharfage, or fares
| levied and collected. or proposed TO
! he levied and collected by individuals,
| companies or corporations, for the use
OF highways. landirgswharvcs bridges
and ferries, devoted to public use,
has never been and shall never be re-
hnquishrd ~ abandoned by the State,
but shall always be under legislative
control and depend upon Legislative <
authority.
In the face OF this constitutional barrier
against the invasion a. the rights OF the
| people the advocates 81 this bill ask you
| t. override II, They claim that under the
4 grant of the republic OF Texas OF certain
lrarts OF the Galveston island, to Mennid.
| in 1884. that the Galveston City company
now owns the wharf privileges on the hay
| frCnt. II this 10 so, why is Huntington
| not satisfied with his purchase OF the
| Galveston City compnny's title TO the land i?
! Why do they ask this legislature to ratity
contract concerning property In which
they say the people OF Texas have no IN
/ tcieatg They know that the republic Of
Texas did not and could not part with the
title to land covered by the nnyigable
waters OF the bRv and that II could only
sell the land up 10 the line OF tho high
tide, from that line out into the bay the
right and title Is vested In the people OF
i Texas and II can not be allenated,
Upon this point Justice Williams Of our
Texas civil appeals court states the law
IN the case of TsosborrouSh VS.. Pickton, In
12th Texas civil court Of appeals. as fol-
/ lows;
4 We think there is no doubt that the
proposition. that the title to the land
covered by the nnvigable waters OF the
i bny, cid not paas is well founded Ae-
cordlng to both the common and civil
law an ordinary grant OF land along
/, the seacoast made by the ministerial
officer OF the government did not pass
the title to the land under the water
, or beyond the coast line This line
was iixed by the common law at the
point reached by ordinary high tide
, and by the civil law at the mark OF tho
I highest tide The exterior boundary
Il line OF the grant to Power y Hewis,on
!, was the seacnast tSayles Early Laws,
Jos. Hamilton vs. Menifee, lith
, Texas, ils) and no authority was
given them over the waters Of the
sea or tho bays and inets or the soil
under them. These are by well set-
tied principles reserved Tor common
use. Hence the grants by the. com
! missioner of that colony passed title
only 10 land which was not under the
waters OF the sea. Citing Galveston
r VS. Menard. 20 Texas, 3ia; Calves
ton Surf Bathing CO. vs. Heiden-
/ heimcr. CO Texas, 56a; Armour vs..
Munday, 1st Hnlstoad IN. ~, ]; Don.
Q vi sawyer, Hawks Law and
n Eauity IS. CO. 22s' Martin vs., Wad-
/ dell. ~ Peters. $50
By resolution OF the city OF Galveston
q they attempt to grant and release To hunt
4 nRton by this bill:
: The lands under water, and property
A lying between the property above ue-
3 ncribed and the harbor Nne of 1897,
4 or the harbor iii Q as II may DC
changed from time TO time Is. b.,
8 22S.)
q And they ask this legislature to enac
V that;
= The State OF Texas hereby rclin-
uushes unto the said Coils p. Hunt
a ington, his heirs or assigns, whatever
u title or claim. II any, 1t may have In
/, or TO any portion OF tho plats or lands
= under water, described In section OF
, said ordinance. tS. D., 22S.)
= This bill, which they call an act to ratifl
p the contract OF Galveston City compan,
with Huntington. is a shrewd and 81
cuitous method to procure that
would be virtually sale OF tho pqN
9 inalienshlc rights of the people AK
! land and privileges outside
lido line. The colsStitnti9,aAp,n,i l n ~
. legislature has no POI ~ -
ASIDE from tnes seessclal rstes: limit Apr. -
y to consolid9d. p. A.. Houston. Texas
y fostc~