Conroe Enterprise. (Conroe, Tex.), Vol. 1, No. 45, Ed. 1 Friday, January 20, 1893 Page: 2 of 4
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N KOrl
t morals, and should bs in all rcspccts s crime
egains- the law? of every civilized coanirv.
I It is unnecessary to go any farther than this
■ proposition to point out the interest the public
Ji2s in checking the grofrth of fictitious st-cu-
i r-.ties oi every class. It is the duty of the gov-
ernment to make the acquisition "of property
through fraudulent practices a crime. She
ita indebtedness on the adult male population
of some of the municipalities amounts to over
f400, while many of them in 8r>ofiren:ly pros-
perous condition, li >ve a bonded indebtedness
of from £53 to per capita of voting p -pupa-
tion within their several limits. These state-
ments are nude simply to draw the minds oi
yo'Jr honorable bodies to the public necessity of
GOV. HOGG'S MESSAGE.
He Throws Light oa 'hs Commission, Shews
Up Watered Mck" Frauds, Ra!sfs
THfi^=TAJN OR LAND CORPORATIONS
And Delves Beep 151 to all matters
Concerning Ihe Citizens of
tlie I. one Star.
Kxfcltive Office. <
At stin, Texas. January, ivo.
Gentlemen of the s.te a*:.i ~n jus? of Repre-
resfnt^Xtves of the T.ve my-third LegLsl.*-
ture:
Tiit* prime object < I a constiUilr nal f rm • •
government i> the per.'" T. . *n. < •. human happi-
ness. To attain this remote thou. , .1 covered
mi, laws for th? equa'. y:oz*t -rion o: iife.
liberty an1, prop-r; r. u ; :h~ , ; • -i.i-.tion of ihe
general welfare* Lave always been and znu.-t
ever be necess.ry.
Fresh from the sovereign people, blessed
with a knowledge of th°ir affairs, you are hera
to execnie tiie. will and t« ahv -ncv their in-
terest. Possessing the nn • n 1 power,
limited only by t..e c .nsti ui: r . to an i
repeal laws at pleasntv. your mission at
the capital, it is confi ie -.t y trir-te,:. in view of
the auspicious cir' Uin.stances nxrrouxidin;
your se!e tion, cannot fail to greatly benelit
the public.
Paramount to all other questions now at-
tractin^ public attention in this state are the
several" demand ^ made by the .^'ate I.vun.craTio
party through its platform, n whi-h a larjre
majority o: each o: your honorable b ui-rs and
the executive were elected, and to which fe-
altv and obedience are due.
> exr to the constitutional oath, pledgee to
p.atf« rra demands are the most solemn obliga-
tions resting up >n tee public; servant. Hy
parry action the people make known their
wishes, which when complied witn, must a -
ford tnem reasonable satisfaction. These re-
rent demands m p. way impinge the constitu-
tion. but vitally ; • t the g noral welfare;
and their enactment into law by this legisla-
ture inu^t de* ply impress every fair, though:-
ful minu with taeir e cacy and w isdom.
nRd"-^'
Tee constitution provides that: "N'o cor-
poration shall issue sto< ,s or bonis ex"e: t for
money paid, labor d -ne or property actually
received: and all fictitious mc.fa-e of stock
and indebtedness shall be void. —Art. 1~,
Sec. 6.
The legislature has attempted to give force
to tbis provision of 5he constitution by pro-
viding that, "no railroad corporation snail
i-sue any stock or bonds except for money,
labor or property actually received and ap-
plied to the purposes for which :■11ch corpora-
tion was organized; nor .shall it issue any
shares of stock in said company except at its
par value and to actual sub-cribsirs who pay
or become liab.e to pay the par value thereof."
K. S.. Ait. 41>1.
—The only penalty, however, lor the violation
of this provision now prescribed by law is
aimed at the corporate o;:i--tTs and directors.
Ti ev are simplv made liable to the stockhold-
ers and credit- rs thereof for the full par value
of such illegal stock or indebtedness as the
case mav be.—Id. Art. 41 Herein lies rhe
trouble. "The laws are sutfi lent in declaring
the effect of such evil practices, but the public
is altogether ignored and unprotected from
abuses of that kind and it is the material suf-
ferer. Bonds in excessive amounts, tar beyond
the value of the property, have been issued
by many of the radroad companies of the
state, their payment secured directly by
mortgage \ipon the several lines, and indi-
rectly by a lien upon every article of com-
merce by them.
. To present the enormity and the consequent
injustice resulting to the public l'rom corporate
abuse by the issuance of tictitioti3 stocks and
indebtedness, it is well to take a view of the
condition aUectin^ commerce throughout the
United States, and then examine it with refer-
ence to local affairs.
Authentic statistics show that there are now
170. MX) nines of railway within the United
States. Liabilities on them, including stocks
> first day of January last, year,
gover vXX). During
the companies collected
ic oi the^BBBK -T1.1 ',1X1# JdO.
a total avf
.! .7.UU0/**), or abouW?i.6Sl for
^railway in the whoh^govern-
paying interest on bcpd.s and
faeutoget her with rentals, &>lls and
miscellaneous items amounting to hundreds of
millions of dollars, they also paid over ninety
million dollars as dividends on their stock.
This enormous assessment upon the public
may be better illustrated by the statement that
: the railways for t he year IVJl collected over
t $li> per cap ta of the whole population within
the federal government. The surplus, after
paying all expenses, interests and dividends,
aggregated for that period over forty million
dollars. These facts'are taken from the best
. and most reliable published statistics. The
•w frequent distressed con.li:urn of the whole re-
•J public, glowing out o? Lae fast recurring
financial depressions, confronts the govern-
ment itself and every citizen oi it. It may not.
BfrfefowJ.be amiss to say that while there is
'about $1,500. (*X), (XX) of active circulating
medium in the United States, the
annual revenue taxes received by the
government, added to the traffic taxes collected
by these transportation companies annually,
exceed that amount. Doubtless the railway
companies of other states re is free of re-
TOBlnt-in the execution oi their obligations
as those of Texa«. If such is tlie case, they
have but 10 continue to issue their bonds and
keep up the high traffic rates to pay the interest
011 them, in ord- r t > uo apace with the increase
of the circulatii g medium, aud to finally ab
Borb it all. While the iexas legislature cannot
hope to improve the condition ot the other
Ftat s, it has the power to set a wholesome ex-
ample at home by protecting the present gener-
ation and posterity iron th.s method ot confis-
cation. iiere are now within tnis state about
80U) miles ot railway, rendered under oath for
ation at ^.(.oo'tXiQ- The aggregate stocks
Rd bouds, as shown by their last official re-
ar ts under oath, amounted- to ?:f5">.(XXJ,(X* . To
Assert th .t a very large per cent i>t" these liabili-
rties were issued in violation of th • constitution
and laws Is but to state a self-evident propos -
tion. ThfV exceed the assessed valuation01" all
the rural lands within the state by
Indeed, they amount to over half of the as-
Fessed valuation of all the prouenv in iexas,
including the railways themselves. This state
ment 13 simply made to illustrate, bv compari-
son, wh:it the people may expect in the future
froji this growing evil unless ample legislative
remedies are adopted as safeguards for their
protection. This question \v«s presented by
message to the first se-sion of the Twenty-
second legislature, and again called specially
l/to the attention of the extr.i session, but t'.ierj
was no law pas-ed on th- subject. While the
issue is not 1 ew, it was fully and thoroughly
discussed before the people last year, and they,
in the exercise of their sovereign right, adopted
the following demand through their said party
platform last August:
*'14. We demand a law that will effectually
prevent the issuance ot fictitious and watered
1 orals and stocks by railway companies in this
itate, believing that these givat enterprises
|hould be conducted upon, commercial princi-
«nd not as gambling deviecs."
toy eminent men have contended in the
Rl, , ic should not interfere v.ith
the ex«rcise ^ ft his pri ra-
tions; t ^ is .1 matter with which the l^Hjie
have no concern, l'.y this platform 'vmanil k.
woifldiappcar that th • people think differently,
i'hevcsutainly have the right to instruct their
ccverno; and "legislators n matters ot legisla-
tion. ft4 they are the ones after a I who are re-
sponsible for the coverniuent and its affairs.
I nder the constitution these public hich-
wavs have been transfornnd, within
ihe" last lew decades, from plain
dirt roaos leading to and Irom the
markets, H'to the present roads laid in rails
tnd cross-ties and granted special privleges by
i - state government. To them have been
^legated the governmental power of eminent
t and the fra: chise « f collecting tolls,
Lbe appropriate!v ca-ied traffic taxes, from
pnim«.r. e carried by tl.em. The extent of
authority in the exercise of this privilege
pver gone beyond the power to collect
able charges for their set vice. Thev
ever had th • rijiht to collect any more
tying t«.commerce of ihe country tin; 11
•ienr. after defraying neces-
aiuenance and" operation,
^ ni on the capital in-
k that, i- stead of con-
itimate perform-
j^iinoa carri rs, the
tfgiit of their ob-
l^-rcial agencies,
market of
this state
issued bo; h stock
-**s in violation
, better way to
the assertion
corporate necessities", that those enraged in the
building and improvement of nari. r>. homes
and addilions to towns and ci;ies sh -11 not be
checked in their work: that the wholesome
laws, regulating and c": - / j ::on and
mining companies in the improvement, devel-
opment and tise of arid and mining land, sha'1
not be affected: that a:i corpjrat v«ns engagr
in rrdeeming swamp or overflowed iands m .
go on undisturbed.
Th • nude n«" •'ii.:rg>
owever. that a
wes this much to good order, fair dealing and j calling a hait on this line bv adopting some
honesty. Aside from this view, considering a ] measure that will at leas: reduce the spirit of
f-ature of perhaps more general imjKrtance. extravagance now so rife in the land to the j Under existingxonditions there i
the fact must not be lost sight of that, after all. minimum. This should be done to protect the -- - ----- -—•—
thebomls f railways must be paid or repudi- I people from opr ressive taxation, and to shield
c-.' l. Their payment is necessarily confined to ; ine rising generation as well as posterity from
source of revenue collected through traffic \ uujnst bu^dena. w hose chief element must be
tolls cr taxes laid on the commerce carried by ; the siamp of shame placed on them by the
railways. It may be contended, that as they | ieckless extravagance of their avaricious sn-
are void under the constitution, they cannot be cestors.
PU '
This proposition is certainly sound
:-r reasonable conditions, which imfortu-
:elv do not exist under the laws n-">r in the
irts of Texa^. A few men own the stock of
• railways. Directors and officers are elected
carry out tfieir will. A resolntion is pass • i
pursuance of which imerest-beai ii
' issued and the railw
l ay them. They ar
:ne :ttod for cash. Neither the property nor
The heritage of posterity in thi« state should
be at least a government "clear of burdens and
complications that ^reservation of the govern-
ment i's^lf has n-'t made necessary. In addi-
tion to tlii^ consideration, the ] Ojple at large
are entitled to prot-.ction from the dam: ge and
humiliation mat must result to them from the
property mortgaged i repudiation of anv class or amount of public
floated, 'sold, or hy- \ security bearing 1 he name of their state, by any
countv or municipalitv. Public securities can-
necessity cf placing any further re-:r t;-:i-
around corporations en gage<\ now in improve-
ments and . ndnstries benefit*ml to the public.
The aim of the movement i< to prevent the
further investment by land corporations in
agricultural and grazing lands and all other
lauds for speculative purposes.
Die It ail
Co
tnepublic receives a dollar of this m >ney: out
the *s: < kholders or the owners of the road ap-
}>r priateit. If a line continues to be operates
y such stockholders and owners, to meet the
i--* rest on such fictitious bonds, train forced
ar.d section gangs must be reiue.nl wages of
•*niTyes decreased, and traffi'.* charges raised
niperm tted 1 y law or that
ti e traffic will l^ear. Within a few years by
this process the property becomes improver-
• Before the adoption o
| aniendmenr it b came grie
! under the constitution : .
I regulate the tiaffic rate- to*
I -ailways in this state wn>
1 iature without auihori*y t
• government agency. Thi- ;
exercis d oulv by the legis
inaKe ana
o; the cor
e P .
i and wrecked, the public badly served at
high ex pense: a default of interest follows; and '
a forecloseure of the mortgage given to secure j
these bonds the result. Under the laws and :
jurisprudence of this state it would l>e quite
impossible for the incorporation, composed of !
the directors, stockholders and officers
who perpetrated the fraud. to en- ;
ter court and successfully resist judg- !
ment on the bonds. If not estopped by j
laches, they could not be permitted to take ad- :
vantage of their own wrong. So the process |
of tor ^closing tho^iortxage and establishing
the amount of the fictitious indebted::• <s upon i
the road by judgment of the court, proceed:
not be legitimate"y executed except
purpose-. When "those purpo es overs* en the
necessities of the times.'the element of extrav-
agance enters, and repudiation often follow s a-
a re-ult. It should be distinctly unde-stood
and so determined by a well-framed 'aw. that
w henever a town, city or county executes a
bond of any nature whatsoever, every foot of
taxable property within the jurisdiction shah
be solemnly pledged to its certain and full pay-
ment. There should no: -e left the slightest
excuse for taint or defeat. To comoly with
the deman.i on this subject the following sng j notice to or cousu tinL
gestions are resj ectfully made to your honors- j mroed from any source. The con
ratio
tin
Tne authority to collect to"!-- or traffic t
is a governnie.ita: function that camno
legally exercised except by the con.-ent •
government. Until the commission
created, the ra'Jroa is by c onsent of the -
iug. changing or maintaining traffic rates'
cted from the commeri
the railway companies and their corporate
as-tens for the construction of sidin vs and
w t^hes. Legislation r.ow may rend to coir-
nlicate the rights of the state
wi*hout giving "any material bene
f - to actual settlers "or * innocent purchas rs
It '.a< lias ever been the policy o: rthe go*, eru-
nient to encourage the settlement of her pn ..
.a: ..is. The intension of the state in the tlrst
. te creatures was that they should be alienated
Within stated oeriojs to natural
persons. The ac* of is >4 required
them ail t > be so d wi bin twelve years
!!v;n the date of the acquisition of title there-
to. Un ler t be law title as acquired on locat-
ing the certificates and returning the tteid
notes of the surveys to the General Land Office,
l atent^ were not nere sary to vest the tit 1>
The companies were also prohibited under tnat
r. . ti ns Several times tr m I>54 to 18715,
rebe: acts a :Tect.ng th * 1 a lways w\-re passed
by the Legislature susj^endin^ the statute of
i:::ii'af o in s uno par: > n, -.vs. As to whetli-
er th-' courts word ho d that those sta ute al-
- . suspended the time •.vdhiu w hich the lands
should be s >:d. of course is 11 t h .own. Unaer
the «*?ns;itution of tsTttall in lwav companies
acquiring lands under the >ia:e : y grant was
y-'\ed t^> al ena-.e them at a period fixed by
la in no event to exceed "wclve years from
the "issuance of the 1 ate; . thereon. The act
. t ti>
vi-iot
t he
1 n-tit u-
.ired bv rail-
1 n t lie state shall be" alieii-
lalf in s x years and one
U
er. u*j
ill at
rmitt;n r !
It is one | thrbui
?rs with-
ble bodies
1. Repeal the law of Anril 1. 1SS^.
the funding of floating inaebtedne:
door through which extravagance
out any just reason whatever.
*J. Provide that any county or municipal gov
eminent issuing or having bmds for sale shal
first submit them 11 the attorney-general of
the star
amine the same
der which they were issued.
simply withdrew this franchise ir
'compinbs who had al
:h agents selected bv their
delegated li to three t itizens as aj;
state government
sion. Hy that la^
was vested m ti^e commissi. n. and r
. - , its duty to adopt all necessary ra*t
all carefully m-peot and ex- and regulations to govern :;r.c. c lit:
in connecti n with the law tin- • freight and p
tided the etTeet of the ;
thin Avhifh such land- i
i! saeli Ii:ae as •■patents" o*i theai
Had the law required them >el/
a i s after "title to the land had
t:i;n*h the coiupIlc;rrion*i alTcet-
for a PCiiO 1 of not *c<s the. of >
rear, can never l>e consi-tantly lost of m
overlooked bv the peeplc < -Aor:hy reprc< n;«-
i;vr«. The iieir.ar.>i shar V.y.< h l= >•«
complied with is but nud re.-^onib.e. The
iwoi > have a'.<0. thrc-.;;h th. :r .•onvt-,l:i.«n .1.
I'iarl'd that the Vnivcrs: y cr-l it« bn-nelu-s «au
the other public *aoca:;:..it iiwUtut'.;.':"' trnu; li.
cpprcpruitelv endowed an-? ui^.n."5 u- d.
For full iiiibrmafion on the subject of pub.i
oiU'.eaiion. the aiten-.ion of y.mr
ro-P. ealle.l lot ho a >io. o alw ■
ato ami inieres'::-.;: rojnwls of the ?:n>eriutoiu!
e:it of titihiie ir.strr.oiio'.i. > '• nan-
agers of the Sam llonstoa Normal iHSuttue,
> a*.o«l at Uuntsvi'.'.o. of the l'r.-iir •• \ iew Norraa
li>titate. at IIomj>'*:«'ao. «f the a ■! M. <■>.-
lece at Brvan. of the ot the I j:ivor?ot>
ai Austin, "ati'l of the nte.lieal branch thereof «t
Ualvestou. K.uof tho-e >overal roj r;< < o
<c*vc investigation i tb.cv l.a\,x l>c %u made b>
men well Vers i in th *e public institution*,
familiar with their net -si:'.cs W ith ;uM !Uid«
the state has supported each of these public
school - and as a re- t'ne p, ople aie daily rc-
iMviim from the:a beuent- tar beyond ouaptt-
tafion that m1 >' : '-v ni iinpoitanee year l«>
veara« the state m u os 0:1 j > lea.Jo- !U|
•■nio'iir her :<"or< >!■ -. of the-o institution^
are in a hea'thfii. j-.o~- ••ron< con-litions. yet
are demanding, of r.eccssity. r.n re.-cvl appro
ptiatiotif to meet the cxigef.c.e- : tlie um«
.\s the state srows the pubi i* schools and
higher educational ins:i:utior> « xpand t keej
apace with her gr\'atncss. I heir encourag**
ment in all respects inu.s spring from the honor
and pride of the people whose liberalitv
towards them in the past vouchsafes lor them
fct'.Ci. ess in the future.
Th
mechanics' l.let
• people through th< *
be*
id
pre
-. Ttiev held ti'
> located and v<
aled the statute
d t!i
aled.
pa-
......... . . j abuses: to prevent, uu.iu
unobstructed. It is strange enough to say. but | gently inqu re into the facts and circumstances and extortions therein and to en:
it is nevertheless truo. that tbe state govern- as fir as may be nece sary to determine the j fame by having penalties m.riic'cd or
ment is now, inder the present laws, unable to j validity thereof; and that, upon being satisfied j linquerit companies as prescribed ir
1 such a case or raise its voice against
the fraud. A so-called reorganization gener-
ally follows such judicial proceedings. None
01 the bonds or stocks are cancelled but are
generally increased, sometimes to double or
quadruple the former amount, by continued
abuse of corporate franchises. Thus the prop-
erty of the people is threatened with ultimate
confiscation, and their liberties imperiled.
No question now confronts your honorable
that such bonds were issued in contormit
with law. and that tr.^y are valid and binding
obligations upon the county, city or town by
which they purport or appear to have been
executed, * he shall thereupon so officially I corporate agents
certify. _ | done—t > levy the tra
o. That said bonds shall be registered by the j people must pay when
Comptroller in a book to be kept for that pur i=c earners, called ra:ii
pose, and the certificate of the Attorney < lener- i The law was appr
al to their validi ' ""
through the proper cotir
diction of the case. T;te ma
purpose of the law \va« to vest
'nil powt r to do under oath
e vc: held bv certificate tiled iu the la
t 1 patents to them are unissued and wi
• the pel!e> of the presem ad
ettle
lei.I
mpa
taxes or tolls t
•v ship over the pi
■ liv m tint a nea.
bodies, or that may probably arise in this i there tor u
states within rVia -n^vf n'tx- vpurs rhut ran I -i. That these bonds, after receiving thecer
tificate of the Attorney Genefal. and havin:
been registered in the Comptroller's orttce
shall thereafter be held ill every action, suit
state within the next fifty years, that can
promise more interesting consequences to the
people than this one. If it is judiciously set-
tled. it will take but a 3hort time for the ma-
terial interests of this state to bear the whole-
some fruits in great abundance. On the other
hand, if it is avoided or temporized with its!
baneful effect will in time be visited upon every
wealth-producing citizen of this state. Its mo- .
irentons importance certainly cannot be de-
ltied now by any intelligent man. since the for-
eign bondholders, through a federal court have
detained a temporary injunction suspending
lidity shall be preserved of record oral narts the power and effect of neither one of
in the event of litigation. wnich depends upon the existence of :he oilier.
dem
omtmssi 11.
proceeding in which their validity is '>r may be
cilled in question, to be valid and binding ob-
ligations upon the particular county, city or
town issuing the same: and that in every ac-
tion brought to enforce their collection, the
certificate of the Attorney General, or duly
certified copy thereof, shall be admitted a'd
received in evidence of the validity of the
bonds and the coupons thereto, w hich may
t he rates fixed by the railway commission, upon have been so purchased.
the complaint, among other th'iigs. that they i Make it a criminal offen-e for any officer
igh, after paying the fx
were not high ehoug!
pontes of the loads," to meet the interest upon
their bonds, many millions of which, with
th - light of truth shed on them, would ap-
pear to be the depraved offspring of corporate
abuse in violation of the express provisions of
the state constitution. Hy that action the
point is boldly, sharply made, and the traffic
or person who may be a party to the
tion or sale of any fraudulent or fictitious
bond i or who may " knowingly issue, execute
or take part therein of any "bond in excess of
legal authority.
Bypassing a law substantially embodying
these features, the public credit "will be pro-
tected and shielded from approbrium. invest
rates in this country inu^t be maintained to | ments in such securities guaranteed absolute
pay interest on all the railway bonds,
material to the public, therefore, that none but
h< nest bonds, issued in pursuance and within
the limits of the constituton directly, shall be
.permitted.
To correct this evil and to prevent its con
tinuai.ee, a law embodying the following feat-
ures is hereby respectfully recommended to
your honorable bodies:
1. That under the direction of the railway
commission, experts shall examine and report
under oath the fair valuation or the railroads
tety, economy promoted by a reduction
interest, the spirit of extravagance checue.
and the present and future generations justly
guarded against obnoxious public but dens
that no government should encourage or per-
mit.
Laud Corporations.
The constitution declares that, -perpetuities
an^l monopolies are contrary to the genius of
a free government and shall never be allowed,
intsiactQt0 i nor shall the law of primogeniture or entail-
\N hen approv ed b. the com- ments ever be in force in this state/*—Article
1. section *J8. The laws of this state regulating
mission shall be filed in the office of secretary
of state as the official standard for the issue of
bonds a..d stocks in the futuie.
Tin t no railway bonds or stocks shall be
authorized or executed, except for a limited
amount, for the purposes mentioned in the con-
stitution. and then only at the railway general
office in Texas.
■ That they shall no: be negotiated, hypoth-
ecated, or sold"until alter the railway commis-
sion shall have given a certificate that they
have been issued \\ ithin the limit, for the pur
poses, and in obedience to the provisions of the
constitution and laws, and not then until they
have be 11 duly registered by tlie secretary of
state in a rccooi kept for that purpose.
-1 That all co .tracts with construction or
improvement companies shall be fair and rea-
sonable andU^ubmitted to the railway com-
mission for inspection and approval before any
bonds or Stocks «yyer an amount prescribed by
the law shall ^q^iuLhori>ed.
the estates of deceased persons, are amply su
ficient to give full force and effect to the spirit
of the constitution against primogeniture and
entailments. But there is 110 law to check or
lin?it title to lauds owned by corporations nor
to prevent monopolies of real estate by them.
While land corporations cannot, as such, be
chartered undeVthe laws of this state, yet under
the law authorizing the secretary of state to
grant permits to foreign corporations to do busi-
ness witniu thestateth y are chartered in other
states and foreign countries and are operating
herein the purchase and ownership of lands.
Titles to many million acres are now vested in
them, the lands withe'd lioni settlement ex-
cept at exhorbitant prices, without any law
r.-gi'iHtin ; ••!■ • «.ni-!oiling or limiting th" cor-
porate rights in
There is danger in tluj
to have aroused the pj
lit ion last A
atfo
pany wiitTin a given time. The f urchas- | 1 ^ V-J
ers t take the property clear of incumbrances. ! , !li ra
t>. That the charter"*!* anv companv violat- ; Uitirmg those now holl
of lands lor agriculfij
ing and speculating
overflowed and iri-igatW
re
hat the charter • £ any company violat
ing any provision of the law," by issuing, hypo- j
theeating, or selling fictitious bonds or stocks, 1
or otherwise illegally incumbering its property, !
shall be forfeited.
T. That every director, stockholder, and offi 1
cer agreeing to or participating in such illegal
act, or who shall divert any bond or stock or
the proceeds thereof from "its legal purpose,
shall be guilty of and punished for a penal
offense defined*in the law.
S. That it shall be the duty of the state, as
plaintiff or intervener, acting through the at-
torney general, or such an attorney as the gov-
ernor especially employ therefor, to enter any
. the same within such reasonabl
] not impair vested rights."
The purpose of this demand is wise and just,
i Land corporations having in view the owne«-
| ship of large bodies of soil, portend land
| monopoly with *ities in perpetuity. There is
| no institution more inimical to the genius of a
j free government: rone that should be more
; strenuously prohibited. Permit corporations
; of this class to operate much longer in this
! state, grouping together large bodies 01' agricul-
tural and grazing lands, and the lime is not
court having jurisdiction of the case and to i r" . ?!•!? ,an<lR' Jin,j i10. Js iIU>
challenge or contest the validity of such stocks ! , oil w hen, 11 the people are permuted to bu>
or bonds and to enforce the laws wit.i respect ' homes at.all, they can only do;fo at prices and
to Lhein s 1 011 such terms that bondage ol themselves and
to them.
A bill embodying substantially these provis-
ions passed the house at the special session of
the 1 wenty-second legislature, but did not pas-;
the senate. Since then the fictitious increase
of b.irds and stocks has continued without a
check, and will go 011 at a lively rate until leg-
islati\e action is taken. Gathering ar 11 nd the
eapitol will be many lobbyists against this
measure, who will try to frighten he people's
re pre? .mtatives out of yielding obedience to the
demands ot their constituents upon the pretext
and plea, as specious as it is, that such a course
will deter capital fiom investing in Texas and
pr vent the further building of railroads in the
slate. It might as well bj said here that if ti e
advent or continuance of new capital, or Ihe
further building of railroads in Texas, depends
upon the absolute surrender of the rights of the
people iti this respect it would be well now to
let th 111 part with us forever- Fictitious bonds
are not capital nor the representatives of capi-
tal. They are the fruits of crime, threatening to
sap the life ot commerce, and to create in
this government tramps and millionaires at
the expense of the liberties of the people,
iexas has Granted to her railway companies
acres, or a territory sufficient to make
a number of respectable states. She has ex-
acted less of them, and has conferred more
privileges, franchises and w ealth upon them,
than perhaps any other state in the American ! l°iur. wiA
union. She has taxed them lighter than most
any other country, and stands ready yet to
encomage them by every legitimate measure
consistent with fair dealing and justice to her
people. The law under consideration, if care-
fully and strongly drawn and passed, will pre-
; their posterity must be the result: for an ex-
cessive mortgage debt 011 a home, bearing an-
nual interest high enough to demand the sur-
plus products of lhbor 10 meet it. means 110
more nor less than bondage of an aggravated
form. T e co dition of other states iu this
respect cannot fail to be a valuable lesson to
1 exas.
A corporation ha* b-en defined to be an arti-
ficial being. Invisible, intangibled. existing
only in contemplation of law. with life perpet-
ual. No power can ch c'a its franchises nor
limit or destroy its life except th; government
that grants its charter. Ope ating in Texas
lands now are Scotch and British corporations
and those of other states. While the state has
110 power to destroy them nor to revoke their
charters, she has the right to tax tliem and to
limit their right to acquire property, to pre-
scribe t ie time and method "of its alienation,
and to exe'ude them fr-iu the stite on condi-
tions and terms consistent with vested riglns.
at will. Many of them are chartered abroad
with the provision in the grant that they shall
not own 1 nds within the grant or government,
but may go elsewhere tor that puipose. If they
were good, thisconditi 11 would not be in th m.
Jt is not well for a great people, in th • exciting
race for wealth, to overlook this germ now he-
sowed among them, which, if neglected
spring into an overshadowing
growth that can neither be checked nor des-
troyed. There is a land famine in nr st of the
old world and in many sections of the new.
In the natural drift of affairs it may reach
Texas within the next generation. Nothing
an so readily precipitate it as tne land corpor-
vent the practice of such frauds and swindles 1 a tion. \\ hen known that there are in nine
so long perpetrated through this abuse of cor- j sta'es 011 y seven acres per capita: that
porate franchises, and will encourage the in- . 111 nine o: the others there are only twenty
vestment of honest capital in railway im- acres per capita: that in twelve otut-rs. com
prove ment. It will protect commerce from j paratively new states, there are otiiy twenty-
unjust burdens, guard the people from bank- i two acres pec capita; that in none strictly
ruptcv and servility, aud add strength aud re- i southern states there are only thirty fiveacivs
spectabi ity to the independent autonomy of j Per capita, aud that iu the whole Uuitel
the state government, which must in time wfA
States. iuclding the territories, there
! omy thirty-seven acres per capita of
! the whole population, and that about one
| tenth of these lands are possessed by land
corporations, there is at lea-t some excuse tor
a thoughtful people to be agitated at this time
I over the land problem.
j While the whole area of Texas amounts
i to about seventy-four acres per emit
Iter population, she is confronted with
most serious condition of corporate owner-
ship of about otie* *ourth oi it ali. Matisties
show that in the United .States from 1*70 to 1SS0
the cultivable lands in stable crops increased
sixty-six per cent: while from isso to 139) tin-
increase thereof was only twenty six percent.
The evident cans; of'this is" ihe growing
searci y of agiieuitural lands through-
out tne government. Tne bread -
producing land of the world is fast be.ng
exhausted, w hile the bread consuming people
are increasing. As the latio of production ue-
creases. the rat'o of brerd ccusuniption from
year to year steadily increase*. The laud
problem, after ali. underlies the bread prob-
lem. It Is the duty of the government to un-
derstand this ami to act wise'y for the good of
posterity. This can best be done by restrictive
laws, making corporate land monopoly impos-
sible for the future. While the American
people have escaped the evil of land monop-
oly under the laws of primogeniture of the • Id
wor.d, they may y t find themselves involved
in a more serious condition—that of land mo-
nopoly from titles in perpetuitjr caused In-
corporate ownershin. i
sity of -ction now to check the impulse of ex- this ^mand, of the people
travagance that seems to move the people on 1. ^ who had the 1 ight to
while legitimate public enterprise of I ln -f n°w b^conitss necessary by your
icter is commen kble, extravagance suggest-
• • •• — 10ns theieiuare respectfully made:
1. Declare that land corporations are contrary
to the genius of a free government, and shall
hereafter exercise no rights in Texas except
such a* may be expressly authorized by law.
2. That no such c >rporations shall here-
after be chartered or ba permitted to do bu-i
ness in the state after a limited period named.
3. That further acquisition of title or interest
in land for speculative, agricultural or grazing
^purposes shall be prohibited.
•. That those now holding title to or interest
lands for agricultural or grazing purposes, or
inat may, under the provisions ot the Jaw au-
thorizing them to purchase real estate in c d
command the approval of all impartial, cir-
cumspect-mem
."Municipal Indebtedness.
The state hasmot escaped the mania preva-
lent throughout the United States for loading
prosterity w-iJJj debts they do not owe by the
issuance of/*fnterest-beariiig bonds to gratify
the extravagance of the present generation. , , • . .
At best, public bonds, as a rule, are not un- • e most serious condition or
mixed \wtli evil. County and municipal bonds
"geuor^fly bear an interest of from six to t ight
per cent., and are payable sometimes beyond
the life of the generation executing them, for
the construction of roads, streets and public-
buildings, which, in the nature of things, will
have washed away, grown into disuse, or col
lapsed into decay long before the debts are due.
To load prosterity with the debts of the present
cannot be excusable on aitiy other ground than
absolute public necessity. The people appear
to have been so impressed when last August,
speaking through their convention, they made
use of the following expression:
'15. We demand the passage of a law that will
prevent the useless and extravagant issuance
of bonds by cities, towns and counties in the
state, confining them within constitutional lim-
itation to actual public necessities, so as to pre-
serve the public faith, to insure a lower rate of
interest, and to protect tho present and future
generations from burdens that should never bo
imposed by such methods.'"
A few facts that will not be controverted may
more clearly demonstrate the neces-
perhaps
sitv of ..
this line.
every character
a. public expense is inexcusable. That many
of the counties are lavish in expend tures for
the constiuction of courthouses and jails, and
that many towns and so-called cities go far be-
yond tbe "necessities of,rthe times for various
"pun os^s, incumbering the public with interest-
bearing bonds to an alarming extent, cannot be
gainsaid. Investigation wi;l show that the
bonded debt foi courthouses alone iu some of
populous counties amounts to $30 per cap-
ktat1 tli0 v°ting p pulation. while in plhe;-*r-
sparsely settled it reaches as hig^Jjr? -*)
^Ihe
Kpnt incurred lor jails 'ji
the
i-rginizatio
,;ned <
tra r.
stnutiona
co'jstru.i
ecutive of
fact 'ihat V
fore him:
did notco
First. The first pertai
of the commission and 11s authority to estab-
lish rales and prescribe rules ami regulations to
govern transportation o. traffic. In the exer-
t iso of this power the commission is required
before it can establish any rate to give the rail-
road company to be affected thereby ten day's
notice of the time and place when* and w here
it shall be tixed. and guarantees the company
tne right to be lully heard at such time and
place to the end that justice may be done, and
provides for a public investigation and for pro-
cess to enforce the attendance of its w imesses.
Second. The next division of the law siuiplv
prescribes a rule of evidence to govern all the
parlies, intruding the railways aud other per-
sons. when the reasonableness of a rate so tixed
by the commission may be assailed. This rule
oi' evidence is established by section f . ami pro-
vides that \n all actions between private par
ties and railway companies brought under the
law the rates jacseribect by tlie commission be-
fore the institution ol such action shall be heal
conclusive and deemed and accepted to be rea-
sonable, fair and just, and in such respects shall
not be controverted until officially found oth-
erwise in a direct action brought lor that pur-
pose in the manner authorized in two other
sections of the law.
After the railway companies ami all parties J elu* *he mea
have been aff rded an opportunit * to be heard j mes-age to tl
liefo e the commission ou the establishment of | °IU* 1 'uislatu
oust nut ion
vrliaps the
:i< bt
A me
im?e
to a
ed: but
pretext or st rained
opriety bv the Kx
a t t > a more 111 1-
;ere it 11 t tor tne
isiTig the issues be-
ret.*«-r-.led opinion,
judi.'ial review of
;or so.ne reason
and their corporate assigns for the land
nn!a\vfu,!y obl: iue«l tr. n ihe ?tate.
The o.iiy law oil the sublect that is now
deemed advisable is on-* that mav authorize
the attorney general and la: d commissioner to
accept for the - ate such portion of the remain-
ing land held by tlie several railway compa-
nies or their corporate assigns as shad amount
to the quantity of land that the records show
were originally obtained unlawfully by tlie
company desiring the settlement.
State Banks.
The constitution provides that no corporate body
shall hereafter be created, renewed or extended
with banking or discounting privileges. Art. b' .
See. I. For some reason this limitation upon the
power of the legislature ha* remained in every con-
ccepl that of Istl'.', since the organiza-
f the
ent. In
H:s un w a ranted
i or* the procedure
with his content
tion and politics
1 criticism as may
the question
entered the domain o: p
a'.e and uniligntlied ma nn
derision of the law itself;
nous reference t* St; te e
cer rain :y expose him s
be appr> priate under the
ditions. This breech of t
seal city of the b ncli. lud Uept the ,iua *iai er
mine inviolate, is but anotlnr evidence of the
necessity of t'ae Si.tte gov<- anient t> protect
it-elf against the -teaith upon the people's
right - by ^uch irresponsible 1
and methods pointed out «•>
tir&t session of t !;•' twenty sec
are hereby again recommend
the rates, thev are simplv prohibited from ... , , . , , x
laterally attacking the judgement of the com- I 1* or thirty years oefi>re the enactment of this
mission. Iu this respect a ueli-tstabM h ed M*1'^ * p ub.tc subnutted 10 up* arbitrary. d s
rule of evidence has been observed. When ex- I eliminating exactions 01 the railway « ompa
orctsingits power und?r the constitution and ^ *a1'; hiea! comtnerc ' oy hi h I atac
law, the commission is required to give all the ; ra'os. I hi- co:.'i.:;on ;a:i be p «f.er.t eudurv, .
railway companies interested a hearing after l^e lv- °lde ol ot her States hav( done, for so
tine notice before i' c ;n legally establish a rate. ! b>ng a pera>d as may be neecss iry.
After a rate ha- been thus, established by tlie The abie. exhau iiive report of the comr.iis-
commission, it is no more nor less than a judg- j st°n is worthy the inost caretul jierusal and
ment of a coiirpelent tribunal, within content '
onsiderat:
; hitherto or
: completely
railway in;
■ from
ith many fact?
i-w, that will
:ie fallacies of
gement. Pt s investigation cannot
11 established
guarantee ng
the continued , . . -] eri
benign intlneace of the
- the following may b relied «m as some of
the resulis of tlie railway commission's worki
1. Railway rates have not lieen increasetl
ab ve those in force when the commission law
took effect. ^
I?. Kates so far as fixed by the co1
have been resumed below l ho?e en lore
^cs on tri
j sender sj
pers a 1
and ?
__________ nnnissioitj
cedent to thel sta- lishment of the rates, which ! assured t t;hfij>trce, prevonred reeulcs
are required iindet the law to be reasonable, to ! liOUS Jn ^,e marrct nami s!tmulaled
answer in and case brought by a citrzen to re- iranspor.alioii in all quarics, givu
cover a penality prescribed by law for over- deuce to the shipper, just remuneration to
charge or discrimination, and there contest the railways, and saving the producer a just prolit
question wnif h had already been passed on. J y,t his investment and labor.
would work jintokl mischief and damage to
plation of law, that cannot be collaterally at-
tacked. To avoid any probable injustice that
may be inflicted 011 tne intere ted railways by . . -
the judgementof the commission in fixingtheir I:Ul !o. oemonstrat« several
schedule of rates, the law provides and gives propositions sc unding in just
them ample remedies throughout the coons of ! the coittinue- ,—-pcrity oi our state um.er t.ie
the county named, by djf£T£' 'proceedings' '1 benign intiueace *>f the commission s action,
against the commissioii^fo protect the
zen against C-xpen^^Jiarrassing litigatior
over t he issue as j
able when he^
altv prescribil
railroad eomg
taise the .
should uy
" ' cheap <
loulatetfl
i their sovereign rights, to relieve preterit or pros-
; pective bonditions inimical to their interests, the
1 people, through their platform last August, ex-
pressed themselves In favor of an amendment to
I the constitution permitting the incorporation of
: state banks under proper restrictions ami control
i for the protection ot the depositors and the people.
, < >ne of the reasons for '.his demand is. that the peo-
I p!e are willing to remove that restriction on the
j legislative power and thus to prepare against any
contingency that may arise from federal legisJa-
, tion on the subject of finance. There is a strong
desire in some sections of the country for the re-
veal of the national banking law. over which con-
j grcss has exclusive control. Should the congress
abolish the national banking system, with the con-
j slitutional prohibition referred to unchanged, the
; legislature could not give to the people of Texas
! any banking system to supply the necessities of
J business and commerce. It therefore becomes ad-
j visabie for your honorable body to submit a con-
stitutional amendment in obedience to the cx-
j pressed will of the people on this subject.
i j Indigent Kx-C'oiifederates.
i An important demand, arising from a sense ol
i honor and pride 011 the part .of the people, has
I also been made by them thiough their said p'.at-
j l'orm. as follow s :
I "*17. We favor an amendment to our State
constitution that will permit the legislature to
I provide for the indigent ex-eon fed crate soldiers
] resident in our State, who were disabled in tlie
military service of the Confederate
any manner that^Jtta^Tje deemed best."'*
comply w^L^-ihls expressed wish therefore. "7^
bcco ^«|^^Aer and necessary to sub - it a eon-
stitu!ion«M «rriendincnt that will g ve the people
an opportunity from the public revenues to aU
leviate the pain ami misery of the unfortunate
ones who obeyed the demands of the state in
the hour of distress. There can be 110 higher
duty resting on the patriot than to obey the call
of his country in time o£ war. And there is no
greater moral obligation resting on the govern-
ij.in return than to care for her indigent,
^l o * wounded soldiers at all times.
saie of cconoinv it would be# wc'l to
ii., to be
jfcfc coUSiitl^tu^nal amop
pt fSjflacxI^general ele^i
the citizen. Jn other words, the law justl
proposes to protect the railway company irom
j>ossible oppression by the commission, and to
guarantee to the citizen that h shall not be!
vexed and harassed with endless liti a tion
when he goes into court to asse>t his rights .
against a railway companv.
Third. Tne tlJru division of the law pertains :
to the jurisdiction of the courts in ail cast s
where any railroad company or other party at 1
interest may be dissatisfied "with the action of
the commission and desires to have the ques-
tion judicially settled. No citizen, municipal 1
corporation, association of persons nor railway ;
company can collaterally attack the action of j
tne commission under this law: but i: dissatis- !
lied with tbe commission's work, either of
them, beings an interested party, has the ' ' '
to sue the commission in a competent cot
Travis county and have its work revie
corrected, modified or abolished, according to j
the ends of justice. If dissatisiied with the tie :
cision of this, court the comp'aining company 1
or citizen is given the further right of appeal !
to the supreme court of civil appeals, having I
jurisdiction. In all of the courts such c ise .
agai 11st the commission is by law given preco- |
dene of all other cases then pending, so as to |
afford a speedy terminatu n < f the issue.
Fourth. The lasr general division of the law
of importance here t discuss, defines extor-
tion and discriminations and prescribes the ;
penalties that mav be recovered and the courts 1
in which actions Therefor may be maintained 1
against the ojTeudiug company.
This law cofttai i.s twenty-three set lions and j ..
ihirtv-two subdivisions thereof, appropriately j much. :. not mot
tiivided. and are intended to give effect. t; the ? "n to this mere;
lour gc.eral features just discuss.d. to-wit: j ,(M . = . . P.1'. i"!!
(1.) The power of the commission to make
rates. (2.) The rule of evidence to be obeyed
by the courts when the enforcement of rates is
t ho object, (o.) The right, of al l parties, includ-
ing the railways, i< contest any action of the
commission and the cotirt through whic h it
m: v be doiie. And (I.) the penalties to be re
eovere«i from the offending c eipanyfora vio-
lation < r" the commission law. Neither the rule
of evidence nor the jurisdictional question nor
the penalties prescribed add t> nor diminish
■ he power of the commission to exercise the;
delegated authority as a judicial tribunal in!
ommission rates and rules, together
with the law governing transportation, have
reduced the system of rebates," special rates,
under billing, discrimination and extortions
almost 10 t'ae minimum.
<*.. Peace h.:s been made in the courts be-
tween the people ami the railways ou all ques-
tions aiiccting transportation.
riidtu* 1 he operation of the commission law.
farm products have supplied home demands
as never before, l'at st ek, from the'ranches
and farms, have been shipped throughout the
state, supplying local wants, aud the poor ones
have been fattened on the products of Texas
farms without the nee ssity of shipments to
points beyond state lircs: mills have been
estuoli>hed by local capital ami operated |«y
iiome lai-or at many points along the railways
to manufacture Texas grain into Hour and meal
j to supply home consumption: and ail
I farm products hive maintained the
i highest prov. Ii is a notable
i feature in the markets that since the ivder.il
j iniunction tool. cllc<*t there was a perceptible
! Midden decline in the price of Iho-e article:*.
. At ut> period have factories to consume tin? raw
: material in tlie stale been more rapidly estab
I ii-hvd and successfully operated lnan during
ihe tune when the commission lates were iu
1 ll'cct. Tile work of the cointnission will dem-
rai
mcstic, tr
points
sponu
L'fiod
than
I business the
•luence
01 re a
ntained. not reduced.
lable lo-al rates lixetl bv t!ie coniinis-
been. and the ultimate-etleet will be, to
rmceutraie Texas tra tlie over the lines oi Texas
1 1 ways, by short rot jt es, to water points on
lie coast near bv. where ships will enter Iexas
•rts in com pet it ioa la convey it to the markets
f. lie world. Witu the antipathy ot railways
water competition, and their 11 retrained
pow 1
tin*
fission to
p*r points.
improvement of her hari
ablishinu rates, rules and regulatio
ern transportation in this slate. Neither is the
rule of evidence controlled by the ))owers of
the commission, the jurisdictional question nor
the penMties prescribed. It may be correctly
said therefore dhat neither oi these general di
\ isioas of the'law depend on the maintenance
of the ether, and that either or all of tlie three
latter may be Abolished, and yet the purpose
and object intended by the investment of t ie
powers in thejrailway coil mission will
With
unlet
. and :l
over t
■. h'-r-
oil t"
• n
uatel v
the gu!
thus to i vxas redu. iiie tt>e distance
markets over 10.000 miles, if she can
succeed iu maintaining the commia-ien as it
is. her people may expect soon to take t'ne lead
in agriculture, horticulture and stock raiHiae to
supply the demands of tire cas:eru continent
with such articles of necessitv as may liml
tl i
,: tin
terial of every kind vu
she c 1 u witliconiide:
lie hi of compe it ion to
world's products of
iv 01 1 ii« ■
iioa t" t
ores and
I pride, enter
\ iier .-i;are of
wowl end the
wiaiurbed. I11 the first place, "due prcc ss of ! transportation °yer
law has 1 een fully prescribe 1 for the railway from the • nited >.at
c nn pa nie-- before the powers of the commission
can be exercised in establishing a rate affect
ing their rigltts." In the second plaej. they
are grrinted -CMUal protection of the laws." i i ,
that ii they complain of the rates for being tooj v
low, or if anv'partv shall complain of them for ! hm r labrics.
being too higli, there is a common court and j ^ 1 he cjfeet^of the commis-ion w dl be
procedure, as well as rules of evidence, pre- ^
scribed for the settlement of the controversy.
Certainly the commission might adopt rates
that would discriminate against some city,
private corporation or citizen, or be so
high as to amount to confiscation of their
property. This might not cause the railways
u> complain. They possibly would prefer to
enforce i uchi rates, and indeed they would
have to do under the commission law. To
get relief frr ni this oppression, an interested
citizen or corporation could only sue the com-
mission directly in the proper court at Austin.
Likewise, if a rate or the action of the com-
mission should be oppressive of the interests
of a railway,' then it must go into the same
court and have that quest.on settled by action
aaainst the jjommissioii. A common ground
and equal protection, therefore, are guaran- , , , - ,
feed by the daw to all complaining parties, greater degree of perfection, made by th-.
With the law otherwise, so that a multiplicity Democratic party, Js-wis.* and salutary, fn -o
of actions could be brought as varied and dis- as experience of the past and lights of the
an outlet for home products over the sea,
where combinations to stitle competition in
transportat on are impossible, w here pools and
trusts cannot- live. The hope of Texas i:s in
the maintenance of the commission, under
whose administration the people and the rail-
ways themselves can prosper in their inde
pendent relations; and the near future will
have factories of every kind drawn to rlie
aoor of the raw material, so that the traffic
rates on raw products to foreign points, and
on the manufactured articles in return to sup
ply an ambitious an l eniighted home people
with articles of necessity and luxury, will be
reminiscences and no longer a reality.
The pledge, therefore, of fealty to and sup
port of the"Texas railway commission law as
jt now stands, subject only to such changes as
may become necessary to accompf
' and the per capita iu-
fig population withi .
indeed excessi «-.
t for all its purpos s
|27Vj cents on each
ft>f property each
^tax is so low,
cents to
property
Bgh tad
taut as annthe courts from the capital,
would be practically a destruction of the com-
mission. Tha etncacy of this law may be more
clearly tnyjei^tood from the octlcial statement
that ujito tn^ time of the extraordinary action
of a federal Judge no suit to recover a pen-
ary against njrailway companv had uee i filed
in any court during he commission period of
eleven months. n0r liatl there been during that
time an actioji brought by a railway company
or other person against the commission com-
plaining of in? action in prescribing rules- or
traffic rates %> govern transportation. It re
mained for foreign bonuholders. many of
whose securiUles were issued in violation of the
constitution, to enter a federal court and dis-
1 resent may afford knowledge of what is best
for the people with reference to the law. not-
withstanding th" intemperate political opinion
or the federal judge against it, no material
change, indeed no change at all. in it becomes
expedient or necessary. A sense of propriety
and of self-respect would impel the state gov-
ernment to st aud by the law as it is until the
highe-t court in the government may possibly
point out some objections to it.
f.antls Held for Sidings and Switclie*.
By section 22 of tne platform, the pe^p'"
widely commanded the action of the cffile'aS in
seeking to recover lands unlawfully obtained
by railway companies fiom the State for -uid-
« 4"Wt erics. .
^^^^^^iUcncc
by Mj~
pup agrea t class £of
rmooked. The constitution pro-
vides that the legislature shall piss laws pro-
hibiting the establishment of i ttcrics and gift
enterprises in this state, as well as the sa'c of
t ekets in lotteries, gift enterprises and other
v rasions involving the lottery principle es-
tablished or existing in other states. In some
respects the law on this subject is good enough.
To give it full effect, however, it would be well
to make every one who deals iti lottery tickets
or in any way represents a lottery company or
sells or negotiates or transmits any money ti or
from a lottery shall be guilty of a criminal of-
fense named iu the law. 'In addition to this,
any express company or othc corpoiation do-
ing business in th.s state that shall transmit
packages, letters, money or documents of any
character whatsoever to or from any lottery
< otupany or its representatives or agents, shall
pay a heavy penalty to the state on the action
of any county or district attorney or the attor-
ney general: and shall in addition thereto be
exclud'd irom doing business within the state
o.f a foreign corporation!, aud if a domestic
one. lorfeit its charter. There is a way to ex-
e tide these iu«t: um<*nts of ptihl.c debauchery
from the state, and the legislature certainly
can. and it. is hoped, will rise to the emergency
of ilie occasion.
federal Otiestioiis.
Through their platform, the Democratic party
also, last August, iu obedience to a just public
sentiment, denounced as'inimical to a free rep-
scntativc government the system of life tenure
iu Sbdernl oflices. and prouotinccd in favor of an
amendment to the federal constitution limiting
tin term of such officers to a reasonable period
of ycoi s. They also pronounced in favor of the
to •and unlimited coinage of silver: of tin* re-
peal of the national banking syspyii and the f«*d-
1 ral cax on State banks: declared for a gradual
income tax for federal purposes and denounced
all bounties and subsidies by the federal gov-
ernment iti aid of private enterprises, as class
fuvots repugnant to Democratic principles and
1-.iiwarranted by a correct construction of the
constitutional powers of congress.
While the Slate legis ature do- s not and can-
not claim jurisdiction over either of the<e ques-
tion.- it nevcithcloss possesses the power to
puss suitable icsolution- voicing the sentiment
of the 'Texas people instructing the t'idled
- .at - Senators and requesting their representa-
tive in congress toeari v out the w ishes of the
people in so f.ir as their authority or powers
may go in these -evcral particulars. In addition
t«. this your superior wisdom may jippropriatelv
lead to rlie adoption of a resolution inviting a
conference of dch gates from all the State-
1":imid!y t< these reforms for the j :blic good,
at s ich time and pla'*e that may be de a.cd
proper and expedient.
ItciK'ral Subject.—Tilxal ion.
It i- a fundamental principle of good govern
ment that taxation shall be equal and uniform,
without dis? riminatiou in favor of or against
any individual or class. To equalize taxes in
this state, property values iiiim he levelled up
Invidious discrimination iu the valuation of
prop rty produces unequal Hivation.
\\ ithoul entering into a full discussion of Un-
important question affecting the public v. el Tare,
th" following suggestions aie respectfully
made that may be improved upon by the wis-
dom of your honorable bodies
b Fix the minimum value of lands, below
which the assessor shall not accept it for taxa
tiou.
L\ Prohibit county assessors from accepting
urban property at less than tin* value rendered
to the city assessor for municipal purposes.
iurcci that the a-scs-or shall not accept
any propcrtv at less than the amount for which
it stands mortgaged.
I. Tax insurance com panics on the amount of
the business done aunually.
5. Increase the permit tax ou all foreign cor-
porations doing businc.-s in the stab*. Let
:t be made an annual tax on the franchise.
Impose an annual occupation tax upon all
persons who sell or offer foi sale pistols, bowio
knives, dirks and daggers.
7. lace a tax upon all persons engaged in the
manufacture or sale of all classes of cigarettes
and she material used therefor.
s. Levy a ta* upon every telephone used. o
be paid annually by the 'company owning or
controlling them.
Impo-e an occupation tax on each sieeping,
palace or dining room ear company, and on all
companies leasing or renting ears to railway
cr.mpani * for any purpose whatever; or beUoi
still, adopt the Ft nnsylvania law 0:1 this
dopted the following j>latform:
"p.*. We pledge the enactment .oi a Jaw p*
niere justly au«i pern etly secure the liens 01
methanics* material-men. artisans aud labor-
ers. ".A revision of the laws now voluminou*
aud inadequate on this subject to r.jore ju^tlv
protect the xvage-worUers. materi il-mcn and
mechauics. becomes important in view t f the
demands and the existing defects In the statute
tliereoti. It is therefore called re>pettfully t«:
the attention of your lu>n rable belies, with
the lull t tviiidenec tliat all appropiiaie, nccd*^
ful remedies will be adopted.
In.iunct i«>us.
Under the present laws ther * is some donld
as to the full right, power ami remedy t f tbt
State by injunction to prevent, prohibit or r-*
-train the violation « f her revenue and pena
law s. All doubt on thi- -r.^ecct should be re
moved. It would bewe'l to confer this right
upon the State, acting through the county 111
torncy, district art rney or attorney general, or
such other a torney as *nav be employed fot
that purpose by the governor, similar to the
af. of May PJ, isSS. To make this remedy ef-
fective the government in the prevention i
crime ami enforcement of the revenue an-
criminal laws it would be important to attach
t > this law a fee bill to be taxed up against the
defendant when cost in the action or held iu
contempt by the court for a violation of its de-
cree ther. iu.
Criminal Laws. - —
Tlie codes of criminal law and criminal pro
cod tire in the main are strong, simple and ctbe.o
cious. With a few amendments to the law o,
lioniieide and governing charge- of trial court*
on all questions of crime on the l ine presenter
and advocated by message to the dr.-t sesshm of
the 22nd legislature to w hich reference is licit
made, the codes would bo quite unexception-
able. There lias never been and can never be.
in sound justice and prinefp'e, nnv reasonably
excuse ior civilized people t<> pcruiit technica
complications to remain in the way of tlfe con-
viction of men who are guilty of the highc-
crime known to their laws. 1 he aw of murtK'i
can be so simplitietl that the offender cannot c-
cajn'on technicalities auv more for that high
crime than he could for stealing a liorsc. Hut
when the court has to charge on mur lor or the
two degrees mau-slaughter and justiliable or
excusable homicide in nearly even* trial lot
murder, to jurors not of trained and discrimi-
nating minds who must pa-s upon the \aricd
questions arising from so many dcHwie feat-
ures td the law. it is m f at all asUmishingl
to many of that class of the worst criminals *
t ape. A revision of the jury system so as tc
remove most t f the exemptions and disqualili-
tions that now necessarily place 1 premium on
ignorant and professional jurors, would tend
greatly t eradicate the existing evil. When
a person.unlawfully kills another, he should
be certain ot a speedy fair, public trial before
an intelligent jury without the hope of escape
artfully dodging through a lncshwork of
It may no^-tuUl"n,*propnate here to state
thatwh'en. froniai?rnm^uscntiment or othei
less commendable spirit..people oi any
country* fH rniit offenders against
and other misdenicrnor laws, including th7>
regulating the liquor traflie. to go uupuuishctl
in their open and defiant criminal course, they
must expect aud be prepared to submit to the
frequent shock of their feelings of humanity by
the crack of the assassin's gun. Ii is as neces-
sary to enforce one law as anotlj
wht) neglects or refuses to pcrt'o^
. the suppression of the minor t
root I to connive at hightj
iroveu'HHHHfTTT 1 h e
frime, like that of :i^ °^o^r rei
^hiust begin at the bottom. A nffrnrnnmsira- ^
tion of this law is in full public view, for
in the eapitol city all the misdemcamrr lawi
have been more rigidly enforced for the past
two years than in any other city in the State;
and as a consequence there have been les*
crimes of the graver class committed and less
beggers and tramps roving around within its
limits during that period than in most any
other city of equal size in tho south, Thi?
example is a good one. Its emulation by ali
other communities will place Texas, iu a short
time, above all suspicion that her people ar«
lawless.
Deadly Weapons.
The practice of Carrying concealed deadly
weapons marks the unmanly spirit and cow
ardicc of those who indulge in it. or p nuts to
radical defects in the machinery of justice. It
is a fruitful source of crime, to effectually
check which the efforts of every law -abiding
citizen ami officer must he blended, and tin.
Jaws to encourage and support them In tl* *
work should ho made in all respects adequate.
Kveryo ic who engages in business of helling
or offering for sale any deadly weapon capablc
of being carried concealed on or about the p«M
son should be requirctl to pav a high statu tax
anuuallv. and to enter into solvent bond con-
ditioited that lie w ill not sell « r offer to sell or
giveaway any such xveapon to any minor, mad-
man or person iti a state of wrath or iptoxica
tion. The fee hill souM be so amemled as to
materially increase the fees of all officer* who
nny perform duties in the arrest and conviction
of every person for violating the law prohibit
ing flu carrying of tlead y weapons. Intent 10
murder, and not the spirit td' solf-pioteetiot;
lies in the heart of moni men when they de-
liberately violate thin law. and no quartet
should be extended them iu th" application of
severe penalties. I he m ssiou of tin* concealed
deadly weapon is murder To check it is tho
duty of every self n -p cilnu. law-abiding man.
Stock Ouaraiil i 110.
A weil regulated quarantine system for the
protection of the stock interests cd' this State
against infectious and epi eniie diseases, as
well jjs to guard the citizen- against hard-
ships imposed cm them by th" quarantine
laws cd the fedtsral gtivernincnt ami neighbor-
ing states, was advised by message to the
special session of the jist legislature, but no
further action was taken on tin* subjeei. Your
attention is respectful y ca led to the import-
ance of this matter with the hope that the in
terots invo'ved mav so a—crt tlo niscdvcs that
suitable legislation a' this j>c-sioii to prote. i
them may be the Jesuit.
( oiiil it ion of t lie Stale.
A* to law nnd order, except inttro or thr'-c cities
Texas Is taking tlrst rank hi the Aruerlcao onion.
111 inatei tnl ficvelopmeiit lie h; s been teroad t«
mine of the southern state" wtttiin tlie ca«i two
yearn, iifticlal re| orts show that within this time
over sixteen million Collars June been invested in
new matcrinl industries, nnd three hundred nnd
twenty-three ndlcv of raflrond constructed, equip-
ped aud put in running op'-ralhui In the stale. To
day she presents the example of a freegttvermiieiit
without a pool, a trust or a eo aldnftti« n to Mlfle
competition in trude. nnd the criminal eieineotcon-
vi need that no pa it ol ii«*r tnrrl'ory is an asylum
for them. Taxes have been deceased twenty-IIvh
per cent set that they arc now |.-wer than iu any
other southern state; th^iafe o interest red tieed
two percent, the pii'dlc lel i paid when due, th«
charitable and all pul lie in-t tntPujf t.'tticieiitly
maintained wj.iliont ••xirnv-iga-. e or scandal. th«
putdtc health 'protect ci I frc.'u tefections and epi-
demic diseases and the peopIC generally arc pros-
perous, and tramps are rarefy
have been leas failures in mercantile circles, htk!
more universal prosperity ti Iff used throughout^ v-
ery avenue and circle among the masses thno* ths
state has witnessed in many y«*ars before.
' ( «
elusion.
turb the harnjony^ftud peacefuljLaia'.ions. ex- irigs and switches.'' and pledged that the Dem
U ction of debt, hereafter ncquire interest in" or i ■ tipelaCv' h".;tweea mu p ople j ocratic party, so long as it remains in i.owtr.
tifiu cnxh ior.ri cv...11 .ni.1.1— : and In^ir carriers. In that court
title to such land, shall within a sp2cified time,
consistent with vested rights, all-.nate tbein i<>
luiturai persons, wind up their corporateafi'airs,
and leave the state on prescribed penalties atia
forfeitures.
it would be well to so frame the law as to
p«rrait «U manufacturing, transportation and
— oliwr oorporations v. hose purpose may not Iju
bfctsu:, I wiiei-Mp of lands, to po3?es.s, nsw nnd r**-
! '-s451 «• mijsb r?*iejt4to us may hi |.r->p<-r for
they prayed 1
mission, thj
companies i
sion rates t<
the ground
a licit for
ihat the
iti that till
•jac =u!fioie|
operati>.
ha (continue this cours-e until every a<r;
an injunction against the com- ! -hall have been recovered and returned to the
attorney general aud railway I Mat At tne same time the pl<*dt:e that a i in-
defeudants, askinc the commis- j noreut purchasers for value, aud actual settler-
" restrained and held void upon j who may have purchased any of said land from
it the law is unconstitutional, i rhe railway companies or their assignees, st all
further alleged reason | h*vo their titles validated anl matie t," o.l in
rates are unreasonable go far S3 tbe state may have any ciuirfi thereto,
aro too low to raise rev : it Is doubtful if any leci lation at this time be
with which to pay the csvenses I ■ ,iiie.- if-cessniv o;i tMs sublet Suit- it re
isterett on their | n.-tsuinr in r v«-r tho land -o illcgnl'y lt<*' l
::I. Make the ritjht of th" companies to dc
linsiness in this state depend on payment of the
tax. '
to. Tav rectifiers and brewers.
Ii i-fonjfidfntlv believed thnt t>v a tiid'-i/m.
n|<|ilira'.i< of :Ii - cr..-
lnay be iA'-lled up;
izid audfn.in'- ulntjir*' now >■- apinv taKiiiiMu
may be foiced to pay their just dues to the gov-
i rnnient. and as a consequence the ad valorem
lax of the state, though now very low, can re-
main witijout any necessity of increase.
A Public Education.
The declaration ic the state eonititutiou that,
•• J (T^nr-T'idiirusion of knowledge is essential
, . ,c . mid rights of. the :icople;" and
,^r., n,iinf-Jthat the legislature 'hall make
T for the support auti loainten-
;m oi public 1. ■
Your honorable body miiM Mitkenr repeal tli«
laws. Von ar«- vested with exebislve power on thin
respect, limited only hy constitutional provisions.
The people have winclv <'outldc-i tid^ trust to vim.
not. with the view of havim; a-nendmfnt" panned
to evt'ry c*xi <tint' statute, eival and criminal, hut t'
have their interests promoted in the adoption ' f
such .new laws as may he necc •• nry. or i y perfect-
!np* r repealing tho < now 5a exi^iem-c consistent
with their material deninndKui I Mineral weifar'*.
The enforcement of th" law« is it w ith other
Oftic!aI«. The governor, under she constitution, is
required to see that they are faithfully executed.
In tin-future ns in the past be will perform ids
duty in this respect to the end Uiattho guarantee*
of thecouRtitution tc> every cit i/.>-u without respect
to his condition, hi" color, nationality • r sr. r round-
ings. shall t esacredl> preserved.
Ir. most respects Texas ha:-* hen .:>ssed with
wholesorne I uvs to insure trarnjnitity aud
among tbe citizens, that guard all heh rigjitsund^
tlie constitution, and preserve nod lend to iiupro
public morals.
After you shall -
Low reveren
perform his duties 1
economically admlnlsP
which neither ovcrrkde« *i* a
performance of its constitutiwi
citizen. The paramount goy^
obey and enforce the law.
invoking Divine blessing
confidence that a spirit r
your deliberation®, an 1 tti
Id all respects wll! heobcy^
honorable bodi-'s ' bcrt'.
of tbe execut'.^e office at J
are at roar con
lylue before v.,
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Mayfield, Fred F. Conroe Enterprise. (Conroe, Tex.), Vol. 1, No. 45, Ed. 1 Friday, January 20, 1893, newspaper, January 20, 1893; (https://texashistory.unt.edu/ark:/67531/metapth379741/m1/2/?q=%22Business%2C+Economics+and+Finance+-+Journalism%22: accessed July 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Montgomery County Memorial Library.