The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-03-17

veto message was received from the gov
ernor today:
10 the Senate.
After most careful consideration OF
senate bill No. lil, am induced by
sense of public duty to return the same
without my approval.
Though the bin under consideration pro-
vides for the consolidation with tho Hous-
ton and Texas Central Railroad company
Of five other independent railways, located
in different parts of the State. II is TO but
one OF them--the Austin and Northwestern
railroad--that attention is especially in
yited suit has been pending for several
months In tho district court OF Travis
county against the Austin and Northwest
ern Railroad company the State of Texas
beng the plaintiff, for the forfeiture of its
charter upon the ground that the stock OF
sald company is owned and controlled by
tho Southern Pacific company, corpora
ton organized and existing under and by
virtue of the laws of the State OF Kentucky,
but without permit to do business in this
state. Such exercise OF ownership aud con-
troll of the stock OF the Austin and North
western Railroad company by the Southern
racine company is believed to be con-
solidation, within the meaning of the laws
of this State. and contrary to, and In direct
violation of, section 6, article TO- OF the
constitution and OF the statutes which deny
TO all corporations organized under the
laws of States other than Texas the right
to do business in Texas without first OBJ
tanning permit. Tho provision OF the con-
stitntion named reads as follows:
mo railroad company organized under
the laws OF this State shall consolidate by
private or judicial sale or otherwise with
any railroad company organized under the
laws OF any other State or OF the United
StatcS."
The attorney general is of the opinion
that the suit can be successfully main
tanned, and that The effect upon 1t, should
the bill under consideration become law,
would be disastrous. Copies OF his COM
munications upon this subject are herewith
submitted
In addition TO the opinion OF the attorney
general VIII be noted his statement that
the questions involved are of great Import
ance to the State, and that the railroad
commissioners have expressed to him u
desire to have Thorn settled by a judicial
decision and determination OF the suit
That It's Importance may be readily recog-
nized and fully appreciated. feel that Il
will only be necessary to say that have
been officially informed that of the total
capital stock of the Austin and Northwest :
ern Railroad company, amounting to
sl,Ol6,0O0 the Southern Pacific company
holds s1,OOS 900; OF the total capital stock
of the Houston and Texas Central Rail-
road company, amounting to $4,000 600,
the Southern Pacific company holds 1854.
goo; OF the total capital stock OF the CAL
weston, Harrisburg and San Antonio Rail-
way company, amounting TO s27, 0S4, 400,
the Southern Pacific company holds S27,-
03S,9 900. and of the total capital stock OF the
Texas and New Orleans Railroad company,
amounting to $S.O00,o0O the Southern Pa
eifc holds $4,997, 500.
/ am also officially advised that there
are other railway companies In this state
whose stock is held in like proportion by
the Southern Pacific company. 1t Will be
well to bear in mind that this company
was chartered on March II. 1854, by the
Legislature OF Kentucky, with power OF
perpetual succession, and ito purchase,
grant, sell, or receive, in trust or other
wise. all kinds of personal and real prop
erty TO such an amount as the directors OF
said company may, from time to time, de-
termine." This company Is also authorized
by said act of the legislature OF Kentucky
ITO acquire by purchase or otherwise.
bonds. stocks, obligations and securities
Of any corporation, company or associa-
tion now existing or heretofore formed or
constituted, and bonds. obligations and
securities of any individuals, State Terri
tory, government, or local authorities
whatsoever, and to enter into contract
with any corporation, company. or associa-
ton, individuals, State, Territory. govern
lnent, or local authorities in respect of
their bonds, stocks, obligations, or securi-
ties. or in respect of the construction, es-
Establishment, acquisition, owning, equip
ment, lease maintenance, or operation OF
any railroads, telegraphs, or steamship
lines, or any public or private improve
, ments. or any appurtenances thereof, in
4 f.IC
or in any foreign country, and to buy,
hold, sell and deal In all kinds of public
and private stocks, bonds and securities
and also 10 borrow and loan money, issue
its own bonds or other evidences OF in
, debtedness. and sell, negotiate and pledge
! ! the same. to much amounts, upon such
, terms and in such manner as may, from
, time to time. be determined by its direc-
i tors. Provided, that It shall not make joint
stock with, lease. own or operate any rail
road within the State OF Kentucky"
Greater and more extensive powers
could scarcely be conferred upon any corr
poration.
concur with the attorney general and
. the railroad commission as to the import.
ance of the suit and as TO the magnitude
G Of the interests involved, and am unwill.
: ing by any act Of mine TO Interfere with
I its proper and successful prosecution.
c IN order that the senate may be full,
/ advised in the promises, | transmit here
0 with copies of the charter OF the Southern
q Pacific company. and of the petition fiIei
s in the suit Joseph d. Sayers,
$ Governor.
y Governor Joseph D. sayers. Executive Of
e Zee. Austin. Texas.
Attorney Generals Office. Austin, Texas
: March l4.-Dear Sir: / have received
: your favor OF the 18th instant. requesting