The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-03-25
AN IMPORTANT RULING MADE

necessary TO prevent any private corpora.
tlon from exercising any power .
mot authorized by law.
:, Private corporations are chartered ia snls
state alone under general laws which are
sah1eCt TO amendment or repeal Al the will
OF the legislature. Any general law which
lnsihlts the doing of any act by private e1r.
p"fa Tons whether passed as an amendment
TO the laws expressly defining corporate
powers or contained In a general law pronib.
iting certain acts by individuals or corpora.
lions, and an act done by q corporation in
violation OF sucn general law must be said
thorized by law" Any suit which has She
object In view of preventing the exercise
Of such unauthorized power by a corpora
tion whether by seeking al Injunction
against the exercise OF the umauthoriz.d
power or by lettering the exercise thereof
through recovery OF civil penalties Is IN
action taken In court to prevent the exer.
else Of such unauthorized power and ,e-
longs TO the class Of cases which comes an
der the exclusive authority OF the attorney
general.
This suit embraces an alleged cause OF
action against private corporation to re.
cover penalties for Il violation OF the Autt-
trust act OF 1850. and also an action against
certain individuals as such To recover pcnAl-
Ties for alleged agreements made bet ween
them In violation Of the antitrust act OF
1859. So much OF the action as seeks a re-
coNery against the corporation, the Kirby
Lumber company, wRs brought 10y the dis
tlNt attorney Nltbhut tuthnliN OF law,
hut so much as relates TO the conduct OF
certain individuals sued belongs 10 that
class OF suits which comes under the cN.
elusive control OF the district aud county
at rorneys.
The supreme court has held that suit
brought without authority by one onccr
may be adopted and carried on by the plop-
el officer. Hence this court caused nCtice
Of the district attorneys motion I'm the
case to be served on the attorney general
but the attorney general having failed 10
respond 20 said notice or to appear tn this
case, and the court being advised that tntt
officer does not desire to appear ana adna:
this case as one to be prosecuted by that
officer, and because the district attorn ~
has no authority to maintain this suit, In
SO far as II seeks a recovery against the
corporation as such. that part Of this suit
will be dismissed. hut the case win be 81.
tanned IN this court as to SO much Of the
same MS is an action against the several in
dividuals sued as such. for such further
proceedings as the law may authorize Il
Is so ordered T. C Morris,
Judge Fifty-third Judicial District Of Texas
District Attorney Moore this morning re-
quested the court to set the case for topol-
row morning for the purpose OF hearing 1r
guments on the points Of law involved. Toe
case was accordingly set hut II now ap
pears TINT the defense can allow the cuSe
10 70 over until next month at which time
It was formerly docketed for frial- L IS
also learned that should the court desire
to hear the legal points discussed tomorrow
the defense will submit plea of privilege
this court to try the case MS the venue
rests In Harris county, where the defcN.
dants reside. since the corporation phase
has been dismissed.