Journal of the Reconstruction Convention, Which Met at Austin, Texas, June 1, A. D. 1868. Page: 282
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282 RECONSTRUCTION CONVENTION JOURNAL.
Of this declaration, nothing in this declaration contained, and nothing
in the contract which the purchaser may enter into with the Governor,
shall be construed or understood to deprive the Legislature of
the power to control said roads by law, or to make any further agreement
with such purchaser as may be deemed beneficial to the roads
or to the public, and conducive to the security of the School Fund.
SEC. 0. It shall be the duty of the Governor to recite this
declaration in the advertisement of said roads for sale.
SECTION 1. It is hereby declared by the delegates of thle people
of Texas, iu CoiZveltion assembled, That it shall be and is hereby
made the duty of the present Provisional Governor of the State to
cause the Houston Tap and Brazoria Railroad to be sold for the payment
of the indebtedness of the company owning the same, to the
Special School Fund of the State.
SEc. 2. As soon after the passage of this ordinance as may be
consistent with his other official duties, the said Provisional Governor
shall cause the said railroad to be advertised for sale for sixty days,
in the following newspapers: the San Antonio Express, the Austin
RepuJlican, Flake's Galveston Bulletin, the Houston Telegraph;
and fbr at least forty days in some leading paper in the city of New
York. The sale shall take place in front of the Capitol, in the city
of Austin, between the hours of ten o'clock A. M. and two o'clock
P. M. The sale shall be at public auction and under the direction of
the Provisional Governor. The sale shall be for cash to be paid
down in gold or silver money of the United States, or in its equivalent
in United States currency, oi the day of sale.
SEC. 3. As there may be some question as to the rights of a purchaser
under the existing law of the State, it is hereby declared that
any purchaser of this road shal have the right either to run and
manage said road in conformity with the charter of the company now
owning the same, and subject to the laws of the State in the premises,.
or to take up and remove the iron from said road; but if the.use of
said road shall ever be discontinued and the iron removed from the
same, then the franchises granted in the charter authorizing the construction
of said road shall revert to the State of Texas.
SEC. 4. If any person shall appear and bid for said road and
become the purchaser thereof on the day fixed for the sale, it shall
be the duty of the Governor to give to such purchaser a certificateof
the sale and puichase,'which shall be signed by the Governor offi
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Texas. Constitutional Convention (1868-1869). Journal of the Reconstruction Convention, Which Met at Austin, Texas, June 1, A. D. 1868., book, 1870; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth38132/m1/282/?q=houston%20tap%20and%20brazoria%20railway%201869: accessed December 5, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Austin History Center, Austin Public Library.