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


er they are competing today. Indeed, Il
can have very little bearing upon that
question.
As to the proper construction OF the re-
| oitals OF facts contained in the prearnble
| G. the Till that the lines of railroad owned
and operated by tho Missouri, Kansas and
Texas railway compan, OF Texas, extend
| ing irto various parts of the state, and
| the line o. railroad owned and operated
| BY the Sherman. Shreveport and Southern
railway company are not parallel and COM
ptting we would say that the provision
+, does not boar the construction suggested
| In the message. The bill and the pre-
| rmble were prepared and notice OF the
| application to the legislature for the pass
aye Of the bill was given long before the
| pending suit at Dallas for the forfeiture
OF the charter OF the Missouri Kansas and
Texas railway company therein mentioned
| are not parallel and competing, and there
| fore there could be no purpose to make
| any declaration In the present bill upon
| that subject Besides, the bill expressly
| provides at the end of section that moth
ing in the act shall in any manner affect
| the pending suit,
| As TO the suggestion contained in the
| message that the East Line and Red River
| railroad was not included in the special
| act OF April H. 1891 we are advised that
on April IL 1891. the receiver appointed
| by the State court IN forfeiture suit
| against tho East Line and Red River rail-
| road company took charge of the proper-
| ". In June. 1884, the trustee In the mort
| gage Of June I, 1880, made by the East
| lime and Rcd River railroad company to
the Fidelity Trust and Insurance company
| OF Philadelphia interviewed In said forfeit
| ure suit and asked a foreclosure OF the
| mortgage In October 1891, decree was en-
| tered foreclosing the mortgage and ORDER
| ing the property TO be sold. In January.
| 1899, the railroad was sold under that
decree. This sale, however was set
aside by tho court and the receiver, DUR
Ing tho year 1892 under the order Of the
court, changed the gauge OF the road from
a narrow to n standard gauge. In Jan
uary, 1898, the ptoncrty was resold under
the decree OF foreclosure and was pur-
chased by Henry w, Poor. In February,
1899, the sherman. Shreveport and South
| ern railway company was oganized by Mr..
| Poor and his associates under the general
laws OF the State. and the property was
convened In March following 10 the cor
| porstion so formed. The title therefore OF
/ the Enst Limo and Red River railroad
was in such condition at the time OF tho
compromise LEGISLATION of 1891, the char
ter of the East ;ime aud Red River rail-
road dompany having been forfeited. that
e could not he included in that legislation.
In conclusion your committee begs leave
to report;
/. Tho case OF the East Line and Red
River Railroad Company VS.. Tho state Of
IfNdS. ritpu ny inc NNNfhilNtt N NOA hh~
thority for the proposition that this act
is unconstitutional
9. The question MS TO whether the rail-
ways in question are competitive Is one
az fact depending upon present condi-
lions. aud one which Is peculiarly within
! the province OF the legislature to deter
mine
g. The railroad commission, with all tho
facts before It, has advised that this hill
Is not within the mischief sough, 10 he
prevented by the constitutional provision
invoked
4, Tho bill under consideration docs not
stihc but will create, competition. and
that which Is now weak and ooRl high
way viii become part OF q great systeu
In competition with those great systems
/. OF railway in tho state and give great
aection OF The state direct connection With
the markets OF the United states
: Believing therefore that this bin Ia sub
feet to no constitutional objection and that
! it's passage viii conserve the best inter-
csis OF the state. wo respectfully recon-
mend that II become law
stafford, Chairman.
J Accompanying tho above the following
l correspondence IN submitted:
: Governor Jos. ID. Sayers, Executive Once
s Railroad Commission OF Texas, Austin
I Texas, March 10.--Dear Sir: Complying
: with your request Of the 9th instant. sub
d hitting senate bill No tSi for our con-
sideration. and asking our opinion with,
L reference thereto. we beg 20 reply as fol-
o lows:
= l. The bill authorizes the Missouri.
Ksnsas and Texas Railway company OF
o Texas TO purchase. own and operate as It's
r own the sherman. Shreveport and South
/ ern railway. and to extend the road from
s Jefferson east TO the State line. there to
connect with some Louisiana line running
to Shreveport, La
Q. II the bin Is TO become law It seems
as we'll guarded as possible to protect tho
state and public The right OF the state
10 prosecute pending cults or to bring
others Is expressly guarded in section 4.
Tho Indebtedness OF the roads can not be
Increased, nor is any right OF the State
waived. The question as to whether the
provision to authorize the leasing OF an
outside road. without Limitation ms to tho
time or life OF the lease, may be more
properly referred to tine attorney general
ms we express no opinion as 10 that sec
ton except to say that We see no obiec-
lion 10 It II Il IL constitutional.
g. This sherman, Shreveport and South
erp railway was once the East Line and
Red River railroad and II runs from Me-
! Kinney I'm Collin county through Green