The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-07-27
LEASES NOT APPROVED
Action of Commission With Reference
top &C. N. and St.L.,S.F.&T.
Lengthy REASONS FURNISHED 81 IT
Held that Proposed Leases Would Be
Unconstitutional and Ileeal--rhe
Opinion in Fun.

Austin, Texas, July 2d-rhe railroad com
mission today rendered a decision declining
to approve the proposed leases of the Paris
and Great Northern and the st Louis, san
Francisco and Texas railroads 20 the 81
Louis and San Francisco Railway company
The statement OF the railroad commission
accompanying the decision Is as follows:
The facts before the railroad commission
show that the Paris ana Great Northern
Railroad company and The st. Louis, san
Francisco and Texas Railway company arr
eorporatlons crested under the laws OF the
state Of Texas aud that their llpes Of rail
way lie entirely withlp the limits OF this
State, and thet the st. Louis ana San Fran.
cisco Railway company is a corporation cre.
ated under the laws OF the State OF Missouri
and that its lines Of railway lie wholly
without the State of Texas and that the
lines OF railway Of the proposed lessons ave
less than thirty miles In length and CON
meet at the State line With the line If the
proposed lessees. Authority TO accompnsh
the proposed leases is predicated upon chap
ter 90 of the acts OF the Twenty sixth leg
islature entitled An act 60 authorize tho
lease Of any railroad connecting at the State
line not exceeding thirty miles IN ensth,
by any railroad company so conn ctirg
with the same.
In the opinion OF the railroad commits,
sion this act of the legislature Is believed
20 De IN VOCATION OF sections . ana ., Arl,
therefore void. Section &, article 40, pto-
vides as follows.
Nc railroad company organized under
Wy ieNs % us S0ule snail vSnsouaute .!
anS la!uVNu cuihpanE o'EAhl4eu uhlSr tne
lGWS ut any othef state OF OF tue Ohted
S'at,si ,-o,
60 2ttlcle 4ool. REVISED statues OF the
SVetS u dSAuei ploNiues as lutloNS
a, 80 Relhuau Company VlHdhtA,u uHuVr
me Jaws OF TINS state suall CONSOLIDATE, ny
rN"tt % Juul.l1l sure OF V,uetMlss WIN
any lV.Ipuu company vlSdu"cu uhuyt lug
Jaws OF any oIhei ot1le o. Oh tue Ihltel
9'aIee'
uur minus IL Is cleul mat reuse OF
a lairuau luVuipptultu uHuet lhc laws Oh
iCAas 10 a laiLroau lHcorporateu uhuer the
Avs Oh uholhSL ,HtHie OF Or inc thltvl
s,ates, lot an 'lu.nl1tS nerou o. me IL
tau t'uuuut W u Vousuuultloh' u w lcase
N lol term OIL years, however pfieIt Tue
alu3toh uutlhs lhc p9oHehty Oh tlla tease
~ tht Saut' uhu Nuliv lhSIe may We y
techm'hl OF even legal ulslihctol Hol
lVr az pIaCuSul purpgs, tIvre rs NO pluer
eute turing me per'od the lease Is ID oLIr
hlnh ana 70 ih9t extent Is me sprN ~
Tue cohsohdatloh Yiolaleu. Tue Whoie Is
- tS""'' "Hy va &c ttl.S' an - N''
constitution iotWas S9hGha9loh ~ US en-
lIgty surely the spli1t OF the constitution
WIZ not warrant rlther paruai or TEN
poraIN cousoudutloh, IN ms eohCluslun
we are supported Dy an opinion OF ne az
toGeE gehelal OF leAns' copy OF "hlcD tol'
lows ,,.-n
iron. John II. heagal, CHAIRMAN vl halI'
toad commission OF lGAaS' s,..
Austin Texas July -. lao2 Dear slr:
nave your Ietlr OF we -tlh lhstult' III
WIlyn you request me W EtEg YOU lnE
opinion as TO Tue Gohstltwion4hty OF chap-
An act TO authorize the lease 81 any TAIL
road connecting ~ the stare Ilne, not en-
ceedlnS thirty mics III lehgth' ny any ran
road company so connecting with the
same.
As you are aware, am very much In
disposed to express an opinion 10 the ehect
that the act In question Is IN VOCATION q
the constitution OF our state, and II ! c3pll
see any way IN Whlch the halteI !NutN pe
submitted TO the courts ana specify deter,
mined. should refrain from SO doing
am aware, as you state you arc that my
predecessor entertained the view aud nd
Vlsed the governor thai the net In question
was not subject TO any' constitutional objec-
tl0n. / have tried 10 rcacn the same con
Cluslon. but have been unable TO do so. sec
ton O. article 10, OF the constitution reads
ns follows Here Is given the article above
quotedj This provision Is so clear that
there can be no question Of the meaning Of
any OF It's provisions, unless some might
arise as 10 what constituted a consolida
ton, and this question has been passed upon