‘ 8 l · s N FEDERAL mzronrmn.
was distinctly defined, and certain grants and donations of land (nearly
5,000,000 acres) were made by the state to aid in its construction; these
grants and donations being made-subject to the conditions named in the
last paragraph of section 9 of said act, to-wit, "that said Texas & Pacific
Railway Company shall be subject to such general laws as may be enacted
by the legislature applicable to other railroads constructed within the
state." And in section 10, to—wit, that " all railroads in this state con-
- structed, or that may hereafter be constructed, to intersect said Texas
Pacific road, shall have a right to connect with that line; that no dis-
crimination in regard to charges for freight or passengers, or in any other
matter, shall be made by said Texas Pacific Railroad Company against
any of the said connecting roads, but that the charges per mile as to pas-
sengers and freight passing from the said Texas Pacific Railroad over any
of the said connecting roads, or passing from any of the said connecting
‘ roads over any part of the Texas Pacific Railroad, shall be governed and
controlled by the laws of this state, now or hereafter to be enacted;
* * * and said railroad company shall not have the right or power
to consolidate with, or sell or rent or lease the same to, any other rail-
road in this state, or to purchase or lease, new enter into any combination in
the nature of a partnership with, any railroad in this state running parallel
with the said Texas & Pacific Railroad, or in the same general direction,
that would in any way or manner give the said company the power or
right to control the 1·ates of freight and passage on said railroad so pur-
chased or leased; and, should the provisions of this section, be violated
by said company, it shall work a forfeiture of the rights and privileges
herein grantcd.” Section 11 of the act requires that " the board of di-
rectors shall, within Hfteen days from the date of approval of this act,
[May 2, 1873,] signify to the governor, by telegraph or otherwise, the
acceptance or rejection of the terms and conditions of this act; and,
within thirty days from the date of approval of this act, shall nle a for-
mal acceptance or rejection of the same with the secretary of state of the
state of Texas." It appears that such formal acceptance was duly filed.
The constitution of the state of Texas, art. 10, reads as follows:
"Scction 1. Any railroad corporation or association organized under the
* law for the purpose shall have the right to construct and operate a. railroad be·
tween any points within this state. and to connect at the state line with rail·
roads of other states. Every railroad company shall have the right with its
road to intersect, connect with, or cross any other railroad, and shall receive and
transport each othcr’s passengers, tonnage, and cars, loaded or empty, with—
out delay or discrimination, under such regulations as shall be prescribed by
law.
"Sec. 2. Railroads heretofore constructed, or that may hereafter be con·
structed, in this state, are hereby declared public highways, and railroad com·
panics common carriers. The legislature shall pass laws to correct abuses,
and prevent unjust discrimination and extortion in the rates of freight and
passenger tariffs on the diiferent railroads in this state. "
"Sec. 5. No railroad or other corporation, or the lessees, purchasers, or
managers of any railroad corporation, shall consolidate the stock, property, or
franchises of such corporation with, or leasc or purchase the works or fran=-
chises of, or in any way control, any railroad corporation owning, or having