The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-07-09

way company OF Kansas transferred II.
property rights In all :hese Tcxas rail.
roads to the Missouri, Kansas and Texal
Railway company OF Texas. with an agree
ment for the partition OF the ponded In.
dcbtedness OF the original corporation be.
tween them; and for the consolidation o.
all those ten railroads into one corporation
TO be styled, The Missouri, Kansas and
Texas Railway Company OF Texas" In
this way, under the authority OF the above
mentioned act OF the legislature. very
important litigation was amicaoiy adjusted
and settled One OF the objects OF the
suit now pending between tho S,stc OF
Texas and the Missouri. Kansas ana Texas
Railway company of Texas, after that set.
Element had been concurred In for eight
years, is TO set aside and disregard that
compromise and settlement. To the ordi.
nary mind the honor OF he State would
seem necessarily to be Injected by 81 CHI q
Reputation OF Its solemn contract, espe-
cially In natter OF such great impor
tance, and we do not believe that the State
would be justified in so acting.
The allegations in the petition at the
State In this case claim tla. ,heae sew
crnl railroads, which the legislature au,
thoriaed to DO consolidated, were compel.
Ing and parallel roads, Can the State IN
the face OF this act OF the legislature, and
the compromise made under it's authority,
afford. after the lapse OF sight years. TO
repudiate It's own solemn rct9 And IL II
should do so. and could succeed IN forfeit
Ing the charter OF this :ailroad company,
what would 1t gain by doing so? The
railroads viii STILL of necessity, be operst-
ed by come company or companies. No
one contemplates their destruction.
II will not be assumed that the lrgisla,
ture, which passed the act above referred
TO authoriingz the compromise of the suit
with the Missouri, Kansas and Texas Rail-
way company, or the governor who APP
proved II and sanctioned that compromise
or the attorney general who 1oncurred in
the propricty of making IL. lid not UNDER
stand what they were doing when that
compromise was made. And the provi-
stems OF the constitution and laws OF the
State relating to this question We're the
same in 1891, when the compromise was
made. as they are now. And the legisla-
ture. governor and attorney general then
deliberately agreed to the compromise OF
this important suit for The State now to
repudiate its solemn act and agreement In
this matter would be an act of had faith
and but little short of u gross fraud.
Referring 10 tho act OF the recent ieg's-
lature, which authorizes the Missouri,
Kansas and Texas Railway Company Of
Texas to purchase the Sherman, Shreve-
port and Southern railway, and makes
provisions to require II to extend its roads
and It's eastern terminus to the eastern
boundary of the State, Judge Miller. the
general attorney OF the company, In his
letter to you says:
The Missouri Kansas and Texas Rail-
way Company of Texas, / am reliably adj
vised, is ready, or will be in the near flu
ture. to commence the construction of the
extensions referred 10 In the act passed
by the legislature; but am also advised
ha linn = tcnt nj
steps in that direction as long as the for
feiture suit above referred to is pending"
III under tho constitution and laws this
suit can so be disposed OF as to permit
the construction of these railroads to go
on, and we believe 1t can be. 1t will he of
much value and Importance to the State
and people of Texas. II has all the time
been the policy OF this State to encourage
the construction OF railroads, and to In
wife capital for that purpose. To this end
the State has given to railroad corpora
tons millions of acres of land, and she
counties, cities and towns have, In the
aggregate given as bonuses to the railroad
great sums of money, and the
people have made free gift to the rail-
road companies of much the greater
part OF their right of way. This policy has
brought about the building OF between nine
and ten thousand miles of railway In this
State; 1t has been the cause of very rapid
increase OF the population and wealth of
the State; 1t has extended comforts and
conveniences to our people, and been n
saving OF time, and an increase of the
value of their property and labor. the
value OF which It would be difficult TO
estimate There seems to be blind and
passionate prejudice by few Of our people
against all railroad companies. II this
prejudice should control the policy Of the
state 1t would end railroad building In
his State and II would be fatal blow to
our progress and prosperity. These sug-
sestions are called up by the case before
Us, and because OF the necessity OF main
tanning policy at once just, wise and con-
sentative on this subject
We do not care to 20 into an elaborate
of the different charges in
he petition in this case. We simply say
hat the State had better preserve ifs good
aith and honor, and abandon the purpose
u forfelting the charter on the grounds /
alleged
There are other grounds ON which this
orfeiture is asked, which we do not think /
enable. One OF them is that the off, |
'ers of the company do not reside and have
heir offices In this State. as required by (
he law. The railroad commission made /
hat issue with this railroad company, and (
agreed to correct its action In this re-
pect and has done 80 10 our satisfaction, /
md no suit is necessary for this. And the
company offers to pay whatever penalties I
II damages that may have been incurred
" violation OF the laws and regulations. |
I they viii do this to your satisfaction on
he evidence We have furnished your de- /
'artment, II is all we think should be dc
handed IL not. the suit for damages
hould go on until the State shall be salts !
led
II Is also charged that the president OF /
his corporation Is also the president of |
he Missouri, Kansas and Texas Railway
company OF Kansas. We know of no law
Which is violated by this
Upon the whole we are OF the opinion
hat this suit should be continued upon
n agreement that II this railroad COM
any shall extend Its road to San Antonio
nd to the east line OF the State. within
he two years as provided In the act OF the
nst legislature. the suit for the forfeiture
I the charter OF the company sNSlld be
ismissed. Very respectfully,
John H. Reagan, Chairman.
l.. ]. Storey. Commissioner.
\ ~
Ion. 7. S. Smith. Attorney General.
Austin, Texas. June 30,--Dear Sir: Your
ayor OF the 2sth instant TO the railroad
commission, enclosing copy OF com
lunlcatinn addressed to yourself by T.
iiller, Esq, general attorney OF the Mis-
onri, Kansas and Texas Railway Com
any OF Texas has been recsived
You state that In yiaw IF tho duty an !