The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-03-25

and Its uprightness OF purpose that the
facts have been found.
As stated by Judge Cooley in his work
on constitutional limitations, p. 1871:
IL evidence was required (spcaking
OF the act OF the iegislature) it must
be supposed that II was before the leg.
islature when the act was passed, and
II any special finding was required to
warrant the passage OF tue particular
act, 1t would seem that the passage OF
the act itself might be equivalent to
such finding.
Applying the doctrine OF the learned au-
thor 10 the Specific bill now under con-
sideration we say that if there was not
the recital In the preamble OF the fact
that the roads In question are not COM
ncting that the passage OF the act with
out such recital would imply that the legis-
iature had found that they were no, conf
poting. Tor the courts would not presume
that the legislature had attempted to au-
thorizo the purchase Of one competing
road by another.
Two years ago the legislature OF this
State passed an act authorizing the pur-
chase by the Houston and Texas Central
Railroad company OF the Waco aud North
western and tho Texas Central railroad.
glnnoc at tho railroad commission map
OF Texas showing the railroads OF the
State and a computation OF these limos
with the lines OF the Missouri Kansas
and Texas Railway company OF Texas and
the Sherman, Shreveport and Southern
railroads clearly shows that 10 the former
roads were not parallel or competing the
later roads are not,
The act of the legislature OF Texas, ap-
proved April t6, 1891, which authorized the
sale aud conveyance OF the Missouri, Kan
sns aud Texas Railway company's rail-
roads in Texas TO corporation to be or
ganigcd under the laws OF the State OF
Afterwards
lied as the Missouri, Kansas aud Texas
Railway company of Texas and which
was approved by the governor, contained
the recitals similar to those contained In
the bill under consideration. The act Is a
precedent for the present bill pending to
authorize the Missouri, Kansas aud Texas
| Railway company OF Texas TO purchase
OF lease the sherman, Shreveport and
! Southern railroad.
| AT the same session OF the legislature
| In 1891 a general law was passed, being
chapter SO of the general laws of 1891,
| providing for the incorporation OF railway
| companies for tho purpose of acquiring,
| owning maintaining and operating any
| line or lines Of railway In this state nn-
| thorised by law TO hc sold.
| Afterwards the Missouri, Kansas and
| Texas Railway company Of Texas articles
Of incorporation were prepared and adopt
ed aud presented to the attorney general
! for approval as required by the general
| laws OF the State, aud were approved.
! These articles Of association were hled for
| record in the office OF the secretary Of
| state ON August 2S 1891. They recite the
| special act OF the legislature OF the State of
! Texas authorizing the sale and convey
snce Of the Missouri, Kansas and Texas
! Railway company's lines of railroad to a
| corporation TO be incorporated under the
| lSws OF the state. and say that the cor
poration is formed for the purpose OF pur-
| chasing the roads authorized to be sold by
| the special act OF 1891. The attorney gem
! eral carefully considered said articles OF
association and approved the same, Baying
In his certificate that he found them 10
| conform TO the general laws OF the state
| and that they werc not In conflict with the
laws OF the United States, and considering
the legislative Interpretation expressed in
said special law. not in conflict with the
| Laws of the State
We therefore submit that the legislative
act of 1891 approved by the governor and
the charter Of the Missouri, Kansas and
Texas Railway company OF Texas, APP
proved by the attorney general, are strong
presidents In favor OF the proposition that
the legislative determination OF the ques
ton OF whether roads are competing should
be controlling,
We invite your attention to the letter o
Hon. John III. Reagan, chairman OF TN
|
mission, OF date May ~, 1897, addressed
TO the governor of the State in answer tc
an inquiry by the governor as TO whether
the Texas Central railroad is parallel and
connecting with the Houston and TeNa'
Central railway. The letter says;
We have to say that II Is not We
send herewith a copy of our latest
railroad map showing the relative po-
sitions of these two railroads, from
which you will see that they occupy
and accommodate the communities OF
entirely different parts of the state.
We presume your inquiry has reference
to the bill pending before the lesis-
lature proposing to authorize tho
Houston and Texas Central railroad
to purclase tn, Waco End Northwest
ern railroad and tho Texas Central
railroad. The Waco and Northwestern
extends with It's connections from tho
Houston and Texas Central through
Waco TO Ross, few miles north OF
Waco. where it connects with the
Texas Central railroad
The letter continues;
While you do not ask for an opinion
as to tho effect OF purchase OF the
Waco and Northwestern and the Texas
Central railroads by the Houston and
Texas Central Railroad company. We
have no doubt hut that the making OF
the corporation out OF these three
roads, they not being parallel and
competing lines, is OF interest to Inc
public, by dispensing with two sets
of officials and securing one line OF
freight rates instead Of taxing them
with higher rate Of freight over two
! or more lines,
, We call especial attention TO this letter
/, for upon Its strength the former goyerno
permitted the bill to become law and w
invite especial attention 10 the letter be
cause II was presented TO preceding leg
islature and acted upon by them II speaks
the mature judgment ~ the railroad com
mission, which. OF course. must be hiS
authority upon the question OF fact whelh'
err two railroads are competing The com
mission has not only the maps OF the ran
t. roads Of the State before Il. but has thei
!, tariff sheets and regulates the subject Q
: transportation, and has the contracts ex
! isting between connecting lines. and ma
: the best opportunity for knowledge wheth
: er two roads are competing
We submit that decision as 10 whethe
the Missouri. Kansas and Texas railroa
: and the East Line and Red River rail
: road we're not parallel IN 1881, nor In them
u selves competing but were competini
y considered with reference 10 their connec
II items can not control the legislative juds
Z ment as TO whether the lines OF the Mis-
IL souri, Kansas and Texas Railway compan
n OF Texas and the Sherman, Shreveport an
u.