The Laws of Texas, 1931-1933 [Volume 28] Page: 11 of 2,111
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FORTY-SECOND LEGISLATURE-FIRST CALLED SESSION. 3
PERMITTING RED RIVER BRIDGE COMPANY AND/OR
J. R. HANDY TO SUE STATE HIGHWAY COMMISSION
AND STATE OF TEXAS.
S. B. No. 9.] CHAPTER 2.
An Act granting permission to Red River Bridge Company of Texas and
or J. R. Handy of Grayson County, Texas, Receiver of the said Red
River Bridge Company of Texas to sue the State Highway Commission
as such, and the State of Texas upon those two certain purported
contracts entered into by and between members of the State Highway
Commission and Red River Bridge Company of Texas. on or about
the 5th day of July 1930; limiting the time within which suit may
be filed fixing the venue of such suit; providing for the payment of
any judgment which may be recovered against the Highway Commission
as such and/or the State of Texas in said suit; providing
certain limitations with reference to bringing injunction suits; providing
for appeals; providing that now pending injunction suits be dissolved;
providing that the Attorney General of the State of Texas and the
Highway Commission will have no power to compromise suit or pay
out any money by virtue of said suit until the Courts of this State
have held such contracts to be valid; and declaring an emergency.
WHEREAS, suit has been filed by the Red River Bridge Company
of Texas, through its Receiver, J. R. Handy, in the United
States District Court, in and for the Eastern District of Texas,
Tyler Division, wherein the Red River Bridge Company prayed
for and has been granted a temporary injunction restraining the
members of the State Highway Commission of the State of Texas
from opening for the use of the public a certain bridge across
Red River between the cities of Denison, Texas and Durant,
WHEREAS, said injunction was granted by said Court upon
the grounds that said Red River Bridge Company of Texas did
not have an adequate remedy at law to enforce the provisions
of said purported contracts, for the reason that the Eleventh
Amendment to the Constitution of the United States provides
that the judicial power of the United States shall not extend
to suits against the State by citizens of the State unless such
State has given its consent; and,
WHEREAS, although the Legislature of the State of Texas
does not admit that the Red River Bridge Company or the
said Receiver, J. R. Handy, has a valid or just claim against
the Highway Commission it is the sense of this Legislature that
no citizen of this State or of any other state who has a valid or
just claim against the State of Texas shall be deprived of his opportunity
to establish and enforce such claim against the State
or any department thereof by reason of said Constitutional
inhibition; NOW, THEREFORE,
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Red River Bridge Company of Texas, a
corporation duly organized under the laws of the State of Texas,
and J. R. Handy as Receiver for the said Red River Bridge Ccm-
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17293/m1/11/: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .