The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-03-22
CONSOLIDATION BILL KILLED
ABSORPTION OF TYLER SOUTH
EASTERN NOT PERMITTED.
Governor Holds that the Road Is IA
Competitor OF the st. Louis south
western, which wants IL.

Austin Texas March 2l,-The following
veto message was received by the upper
house of the Twenty sixth legislature to-
day;
70 the Senate.
the following reasons for Withholding from
IL my approval:
t. The distance from Tyler 10 Calves
ton, the principal gulf port of the State,
via the International aud Great Northern
railway is 265 miles; that over the ST.
Louis Southwestern railway TO Corsicana,
thence over the Houston and Texas Central
railway is 335 miles. and that over the
Tyler Southeastern railway to Lufkin,
thence over the Houston East and West
Texas railway is 257 miles. 1t can not be
doubted that the International and Great
Northern and the ST. Louis southwestern
railways are parts OF the same system
and are practically under one and the same
control. II 10 also true that the Tyler
Southeastern railway is a competitor with
the other two roads named for all traffic
and travel between Tyler and Galveston.
This being so, the consolidation, for which
the pending measure provides, comes with
in the inhibition imposed by section 5,
| article 10, of the constitution as interpreted
| by the supreme court in the case of the
| East Line and Red River Railway company
| vs. the State of Texas, volume 70, supreme
| court reports
Tho fact that the Tyler Southeastern
| railway only extends to Lufkn-a dis i
! lance of but 1851 miles from Tyler-does
not become factor III the case, because
under section /. article TO- Of the consti-
| tuition, 1t has the right TO intersect con-
| meet with or cross the Houston East and
| West Texas railway, which passes through
| Lufkin. thence 10 Houston. and it Is
made the duty Of the Houston East and
| West Texas line to receive and transport
| the passengers, tonnage and cars, loaded
| or empty, without delay or discrimination,
| OF the Tyler Southeastern railway. Ii can
| not but be evident 30 every one who will
| consider the question for moment that
| If the pending bill should become law the
| PROBABLE, II not certain effect. will be to
| destroy all competition between Tyler and
| Galveston in the matter OF railway traffic
| and travel and force il over the Interna-
! tional and Great Northern railway or the
| st. Louis Southwestern railway. both OF
which roads, as | have already stated, be-
| long TO the same system and are controlled
| by the same persons. Having already, in
a former message. presented my views
| touching the decision OF the supreme court
| in the case OF the East Line and Red River
| Railway company VS.. the State of Texas.
! need not repeat them here.
| ? l am advised that the mortgage rec
oIls of McLennan county show subsisting
/ "Aiu NhNdANtlcu btFuS OF trust covering
all the lines OF tho st. Lonis Southwestern
| railway having total length OF about
bI2 . miles TO secure the payment of $14,-
l67500, exclusive OF interest. These mort =
| cages not only embrace all OF the prop
erty of whatever character and description
owned by the ST. Louis Southwestern Rail-
! way company at the time of their execu-
tlon' but also every kind and character OF
! property that may thereafter be acquired
! The length Of the Tyler Southeastern rail-
way Is SS.6l miles. and It's net indebted
ness as shown in the sixth annual report
! OF the railroad commission. was 81 246
1850 or Sl4,0s4.97 per mile on June so.
1897. II is not probable that this Indebted :
| ness has materially decreased if at all.
since that date. Should the consolidation
/ lake place, as contemplated In the bill.
! the Tyler Southeastern railway will be-
! come subject TO said deeds OF trust and
limiting its liability Hereunder TO it's pro-
| poruonal share OF the Indebtedness secured
| by them, its obligations will become there
| by increased TO at least s23 3l5. 16 per mile.
| aS against Slf,o6l.91 ner mile Mt the present
ume and that too, by the mere operation
! OF law and without any consideration
Whatever aecruing TO It. As respects this
| Seed' such policy upon the part OF the
state can not be considered wise oven
| rom a sound financial standpoint TO saw
! nothing OF its evident III effects in other
very important directions.
Joseph d, Savers, Governor.