The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-09

nahtas ana Texas Railway company from
aoing business in the State. alleging, ~
sIounds Tor said action. among othel
things. that said Missouri. Kansas and
Texas railway company had absorbed. ac-
CURED and then controlled and managed
ana operated the said several railway lines
being the lines herein above mentioned
ana mentioned In defendants answer as
being constructed by or for said Missouri
Kansas and Texas Railway company undei
the name aud through said -everal organi-
satons az Its Instance and for Is use
SAID suits were both, upon the petition OF
the defendant, the Missouri. Kansas and
Texas Railway company. transferred to the
circuit court OF the United states. at Aus
TIN, aud the records In both cases were
MED therein. Willis these suits were pend
Ing and before there was any trial OF
either. as Is shown by said defendant
answer, the Twenty. second legislature
passed a special act, which was approved
by Governor Hogg on April ie. 1891, which
will be found on page 100 Of the Special
Laws of the Twenty second Legislators.
1891. which said special act Is plead in de-
PENDANTS answer, and | qaote a portion OF
section S OF ssid ACT % 1891 as follows;
Sec. s. The fact that important litiga-
ton TO which the State Is party is pro-
pesed by this act TO be fairly settled and
disposed of and that the public interests
thereof. ms herein provided fsr at the
earliest possible date, creates an impera-
tive public necessity and emergency. ETC.
After said act OF the legislature was
passed. the Missouri Kansas and Texas
Railway Company of Texas prepared its
charter hereunder and presented the
same to the then attorney general OF
Texas, Hon G. A. Culbsrson. which was
approved and atterward in each OF the
cases. as set out herenbefore, which were
hled by the State of Texas, the following
mcticn was filed in the circuit court OF the
United States at Austin:
Now comes the State Of Texas by c. A.
Culherson, its attorney general. and pre-
sents to the court that in consideration
of the acceptance by The defendant Of the
terms OF the special act OF the legislature
of the State OF Texas, approved April 16
1891, Special Laws of 1891, page 100, aud
the compliance by the defendant with the
terms and conditions thereof, evidence of
which Is on file in the office Of the attor-
ney general of the State of Texas, this
cause should be dismissed upon payment
Of all costs incurred and heretofore paid
by the State and plaintiff prays that an
order to that effect be entered
(signed.) &C. A. Culberson.
Attorney General for the State
Thereafter the following judgment was
entered in the circuit court of the United
States:
And now on this day come the parties
to this cause, the State of Texas. plaintiff,
by G. A. Culberson, its attorney general.
aud the Missouri, Kansas and Texas Rail.
way company. by Simon Sterne and Fisher
& T5wnes. its attorneys. and the motion by
the State, together also with like applica-
ton by defendant that this cause be now
dismissed In pursuance of and as provided
by the special acts Of the legislature OF
the State Of Texas, approved April IS, 1891.
entitled An act to authorize the sale and
conveyance of the Missouri, Kansas and
Texas Railway companys lines of
railway heretofore operated by or
as the property of the Missouri.
Kansas and Texas Railway COM
pany or as a part OF the system of roads
within the State known as the Missouri.
Kansas and Texas railway, and to pro-
vide for and authorize the sale, transfer
and conveyance of said lines of road to.
and the purchase and operation thereof
by single corporation, company. or asso-
Citations of persons to be incorporated I'M
der the laws of this State. and to settle
and dispose of certain pending sulls
brought by the State of Texas against the
Missouri, Kansas and Texas Railway COM
pany, wherein the powers, privileges and
franchises granted it within the State are
sought to be forfeited
And from the statement of the parties
and other satisfactory evidence, It appears,
and the court doth 50 find and adjudgs,
that said defendant the Missouri, Kansas
and Texas Railway company has duly
transferred and conveyed the lines of rail-
way and railway properties In said act
mentioned, and as therein required, unto
the Missouri, Kansas and Texas Railway
Company of Texas, corporation duly
formed and organized under the general
/, 1a
capital stock Of the several domestic cor
porations, required by said special act
to be cancelled and eXtinguished have been
SO cancelled and eXtinguished as therein
required, and that said lines of railway
and railway properties so authorized by
said act to be sold and conveyed have been
by defendant company duly delivered to
the vendee corporation. the Missouri, Kan
saS and Texas Railway Company of Texas
Aforesaid, in accordance with said special
law. and that the vendee company is now
the legal owner in possession OF and OPP
Grating the same as one property. and the
defendant company having paid all of the
costs herein incurred. it is therefore and
in consideration of the premises. now by
the cc:lrt here further considered, ordered
and a6judged, that said motion and appli-
cation 10 dismiss be sustained and that
this suit be and the same Is nov hero ac-
cordingly dismissed"
These facts are found In the defendants
answer. and also have before me now the
original papers which l have obtained
from the circuit court OF the United States.
in order to verify said motion and judg-
ment and they have been set out accurate
ly IN said answer, and there can be no
dispute as to the facts connected there
with
Upon examination also ! find in the at
torney generals office now large quantity
of the stocks Issued by some of the roads
in said act OF 1891. as follows
One thousand shares OF the stock of the
Dallas and Wichita Railway company, OF
the value of 500 each, being all of the
stock issued by said company.
One thousand shares OF the stock OF the
sherman, Denison and Dallas Railway
OF the value Of 500 each.
Seven thousand shares of the stock of
the Gainesville, Henrietta and Western
Railway company. of the value of 500
zach.
Three thousand four hundred and fifty
shares OF the stock of the Taylor, Bas-
Irop and Houston Railway company. OF the
value OF 800 each.
Seven thousand six hundred shares OF
the stock of the Trinity and Sabine Rail- i
way company, of the value Of 500 each.
Fifty?two hundred and eighteen and
one-h half shares OF the stock OF the Dallas
and Greenville Railway company.
Sixty-six hundred and ninety shares of
he stock OF the Dallas and Waco Railway