The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-02
THE HUNTINGTON BILL SIGNED
GOVERNOR SAVERS HAS MADE A
LAW or THE MEASURE.
Attorney General Smith Said II Was
Not Contrary TO the Con-
stitution or Law.

Austin, Texas, May 1.-The governor this
evening sent the Huntington grant bill to
the secretary of state with his signature
attached thereto.
AS stated in these dispatches yesterday
the bill was submitted TO the attorney
general and the railroad commission. ihe
following is the text of the attorney gen
erals opinion with regard thereto
Governor Joseph ID. Sayers, Austin, Texas.
Austin Texas April 29.--Dear Sir: Your
favor received enclosing an exact copy OF
senate bill No 22S You ask my opinion
as to the consttutionality of said bill; ana
what interest the State relinquishes, II
any. in the flats granted therein for wharf,
purposes.
4. The constitution in article XII, sec
ton 3. provides that "the right TO au-
thorize and regulate freight, tolls, wharf
age or fares levied and collected or pro-
posed to be levied and collected by indi-
viduals companies or corporations tor the
use of highways, landings, wharVes'
bridges and ferries, devoted to public use,
has never been and never shall be re-
linquished or abandoned by the State; but
shall always be under Legislative control
and depend upon legislative authority
Section 2 of the bill provides that II
said C. T.. Huntington, his heirs or assigns,
charge wharfage for the use of such piers
or other facilities upon such property,
except in so far as wharf service may be
covered by the freight rate. all such
wharfage shall be subject to the regula ions
of the railroad commission Of Texas; bur
this shall not be so construed as TO permit
or allow any other person or corporation
to use said property or any portion thereon
without the consent of said G. Z. Hunting
ton, his helrs or assigns owning the same
at the time" This provision of the bill.
while contemplating that there will be no
wharf charges. yet 1t reserves and main
tains the States right to regulate and
control the charges, tolls and wharfage.
While the legislature could not, by reason
of the above constitutional provision,
waive or relinquish the power of the State
to regulate the tolls or wharf charges, yet
this bill clearly places the property men,
toned therein under the supervision and
control of the railroad commission as TO
wharf charges, should any ever be made.
This bill presents very clearly the propc-
sition that the wharves, the construction Of
which is authorized by the bill, can not
be used by any other person or corpora
ton without the consent of Coils p.
Huntington his heirs or assigns owning
the same at the time This presents, IN
my opinion. the only serious constitutional
question in the bill. The effect Of Tbs
particular feature is to exclude the gen.
eral public from the use OF this property.
heirs or assigns. The particular properly
herein discussed is what is known us a
part of the flats and shore fronting the
league of land granted by the Repui Tic
| Of Texas to NJ r. Menard, the same hoing
y part of Galveston bay, and being stu
ated south Of the channel. and berween II
and the shore. 1t therefore becomes neces-
sary Ito determine the nature AMI char
acter of the title CT the State To such prop
orty and the power of the legislature 10
grant such property to an individual for
his exclusive use. and as to whether or
not the exercise of such power is prohb-
tied by subdivision OF section S Of the
Constitution of the United States which
reads as follows:
"3. The congress (of the United States)
shall have power TO regulate commerce
with foreign nations. and among the sew
eral States. and with the Indian tribes. '
II has frequently been held by the supreme
court Of the United States that the owner
ship of State In the lands underlying
its navigable waters is as complete. and
the power to make them the subject Of
conveyance and grant rs as full as such
ownership and power 10 grant in the case
of other public lands OF the State. In the
case OF Weber va. Harbor Commissioners.
IS Wall. 57-65. that court said: Upon
the admission OF California into the Union
upon equal footing with the original
/ States, absolute properly In. and dominion
aud sovereignty over, ali soils under tie
! tide waters within her limits passed 10
the state. with the consequent right u
dispose of the title TO any part Of said soils
| In such manner as she might deem proper.
subject only 10 the paramount right II
navigation over the waters 50 far as such
navigation might he required by the me-
cessities Of commerce with foreign larlnps
or among the several States. the regulation
! Of which was vested In the general gov