The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-21

northwestern Railroad company with ,ts
llanchlsrs and appurtenancps. before nc
nnal termination Of such sniff 1, shsn
,ake the same subject to all the rights ~
.ne state asserted or that may he here-
oi.er asserted In said suit. and subject 10
III the rights OF any other parties that
may hereafter accrue by reason ~ no
prosecution Of such suit. and enhisc, ~
the rights and power ~ the court in ssja
cause TO appoint receiver of tho nron-
ertY and affairs OF the said Austip ana
northwestern Railroad compsny az canso
therefor shall exist Irrespective Of thtr
~ 70 tne same extent as II this act had
w. osen passed And Ii such purchase
and sale shall be so made Il shall he 9,
pressly stipulated in the conveyance as
condition thereof, that " a receiver shah
De appointed in said cause after any suoh
SAFE with direction and authority to ta.a
possession OF the railroad and other rron
erfy OF the Austin and Northwestern Rail
rosd company then upon the qualification
on sueh receiver and upon demand bv him
therefor said Houston and Texas Cantrnt
hsilroad company shall forthwith deliver
and surrender to such receiver the nosses.
sion OF the railroad and all other pron.
erty, rights and franchises of the Austin
ana Northwestern Railroad compaty NJ,
sold and conveyed by IL TO the Hnnston
and Texas Central Railroad company nm
DER the authority Of this act and this act
is passed upon the express consideration
VI tne acceptance OF and faithful COM
pliance with this condition. and in the
event said Houston and Texas Central
hallroad company shall fail or refuse Ia
perform the same then all the rights. now
ers ana privileges granted by this act
snail terminate and be forfeited MIR
shall this act be construed as in any way
anecVlng, lmpairing, waving or condoning
any ground that may now exist, If any,
Tor FORGETTING the charter of either az ths
companies named in this act. or any cause
OF action that the State may have against
sald company or either of them II any
put any and all sales made under the an
thoTlty or this act shall be subject to any
such ground of forfeiture and cause nj
action, If any, and all such grounds oe
forfeiture and causes OF action, IL any
exist, may be claimed and prosecuted with
the same effect and enforced in the same
way as II no such sale or sales had heen
made. and as If this act had not heen
passed; provided, that nothing in this act
snail be construed as determining any
facts that might be presumed to have
been ascertained or determined nv fhe
legislature in order to comply with article
TO- sections and 6. OF the constitution of
the State of Texas. but such facts shall
remain open to investigation and adiudica.
ton by the courts"
| believe that the above section fully
protects the States rights in the suit re-
ferred to in your letter. which is the same
suit mentioned specifically in said section;
and also that said section preserves the
states rights as to future and other suits
that may be brought hereafter against
either railway company mentioned in said
bill in causes of action that may now ex-
list. or hereafter accrue.
While the authorities hold that legisla-
tive recognition of the corporate existence
of corporation after acts of forfeiture.
is waiver by the State of said acts of
forfeiture heretofore committed. this Is
by construction of legislative intent and
the authorities are ample and clear that
| those causes of action that exist prior
to the passage Of an act may be preserved
by positive provision and declaration in
the act. 1t is only in cases where the act
is silent as to legislative intent that the
construction or waiver is made but as
shown in above section of the act under
consideration, 1t not only Is not silent, but
expressly preserves causes of action there
tofore and now existing in behalf of the
State against either and all OF said rail-
way companies. Yours very respectfully,
T. S. Smith.
Attorney General.