The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-10-02
ANrNDMENTs 10 LAWS.

SECRETARY Tod SAYS under this heading:
ber leave TO call Your attention to the
sfoiovfna particulars In when, from lhe
eynerience gained by the administration OF
Rms department I believe our incorporating
&lsws 10 he defective. ! would suggest thal
snndiyisions he added to article 642, Revised
4 statutes. authorizing the Incorporation OF
zeouipanies arst for tho purpose Of growing
1rice and milling such rice as Is grown ~
fthe company second, for the purpose oI
#qrop,ina sugar cane. manufacturing sugar
land fn5lesles and the refining of sugar.
2thlfd, for the construction of lntefurpah
Railroads,
a As the law stands at present. there Is no
&statute authorizing the formation OF a COM
&DaDv TO grow rice While there are some
4companlee actually engaged in this bust
mess, their charters have been granted under
subdivision % or y. of article 6l2. Revised
&Statutes. The hrst Of these SUBDIVISIONS
8authorizes the construction and, operation
'sof dams. reservoirs, lakce, wells, canals
fumes. laterals and other necessary appur-
ftenances for tho purpose of irrigation, etc.
but does not authorize the growing or rice
Dpr any other cereal The second of these
subdivisions authorizes the growing, sell
y ng purchasing of seeds plants, trees, etc.
Hfor agricultural, horticultural and orna-
snental purposes The powers given by
&. both Of these subdivisions can not be com
pned In the same charter. MS the supreme
ourt has recently decided i'm tho case of
"
T porter, 1888, that corporations can not obtain
harters giving them any greater powers
4han are set forth in any one Of the sub
Emissions Of the Incorporating statutes. Inc
upreme court has also decided In the man
~ anus case Of Miller VS.. Tod, page oi'
northwestern Reporter 4s3, that the grow
Las OF rice is not authorized by subdivision
IA q article 642, so that even II both these
Fppdlyisons could be combined In one char
4ef the company would stlll lack the au-
In "a ff
view of the great development of the
~ industry now going on In the coast
oantry, 1t would seem that an amendment
89 our corporation laws should be made au'
Eionzing the formation of companies for
k&ae purpose OF raising rice, and to con
|n& luct' maintain and operate such dams,
IA sssrVolrs, lakes wells, canals, fumes, lat
am ana other nect ssary appurtenanceS
may be necessary or convenient for tht
llpose of irrigatlng, and TO confer upon
:. w rice companies the power of eminent
oAAn, 80 mat they may condemn any land
.53 ssssary Tor the use of pumping stations
e fans, reservoirs, etc.
another respect in which It occurs that
!, present corporation laws are insuff
.hl Is 10 not authorizing corporations fol
purpose Of raising sugar cane. Tho
M ..ssslnl raising Of this crop requires tht
y. sssstlnent OF large amount of capital
ksntt. ueneye that the development of thu
~ .uuSStty mas been greatly hanpercd by thI
a hNr ia
, sIs ihrongh corporations for the develop
". w q this industry. /, therefore, thnl
an an amendment authorizing the ineor
SsOn OF companies for the purpose O
alnne sugar cane, making sugar and re
s sugar would greatly assist In the de
ip1l.ent OF this important industry.
ppneatons have been made from tim,
'i me 10 Incorporate lnterurhan railroads
es,Siny section Of the law that could b'
n,IaN construed to- authorize the incor
stir,Hu 81 such companies Is section 81 o
I'M ~ "a which authorizes tho construc
su sna operation Of street railways with
,ht near cities and towns In constru
In 'n.s subdivision OF the statutes upoi
IN. 'ipppa,'cauons, ] nave filed the appllcn
IN shna issued the charters when tn,
s,o oe.~een which the road proposes 4
near each other, hut as In SOM
Asb Ing .e PAGES proposed "a connect hnv
Ii i,gannlaerahle distance apart and tina
.',bv p ,oe that within the next few year
6sijssr..F more snch railroads will be projected
of,,nss Rat an amendment expressly nu
Nm ~, INC construction Of interurlal
"A IN rnus9ut Limitation as to the lengtl
'DS ROAD would be useful.