The Laws of Texas, 1822-1897 .—Compiled and arranged by H. P. N. Gammel , of Austin, with an introduction by C. W. Raines. Volume IX. Austin: The Gammel Book Company. 1898. Pp. 1399.
This volume contains the legislative enactments, both general and special, for the decade beginning with the year 1879.
The constitution of 1876 having prohibited almost all kinds of private legislation, the special laws are not of great general interest, though they are very valuable to persons interested in the development of the larger cities of the State, whether that interest be special in the particular cities whose charters are granted, repealed, or amended during that time, or general in the subject of social and political growth. The general laws, on the other hand, embrace many acts of individual importance, and give very plain insight into many of the social and political influences then at work in this State.
With increase of population and business necessarily come increase in legislation. Notwithstanding the constitution of 1876 had doubled the working force in our courts of last resort by the creation of the court of appeals, still the supreme court was made to work off the accumulation of old business and keep up with the new. Responding to this, the Legislature, by act approved July 9th, 1879 (Acts 1879, p. 30), created a commission of arbitration and award to which any civil suit pending in either the supreme court or the court of appeals could be referred by consent of the parties. This was to continue two years. At the expiration of that time the commission was continued with somewhat different powers, but for the same purpose (Acts 1881, p. 4). The Legislature then sought permanent relief by proposing an amendment to the constitution increasing the number of judges in the supreme court. This was defeated. In March, 1887, the expedient of the commission was again resorted to (Acts 1887, p. 74), and another amendment to the Constitution was proposed. This also was defeated (Acts 1887, p. 158), and no further attempt at relief was made until after 1879.
Corporate activity had become great and many people were becoming alarmed at the massing of capital and enterprise. The first legislative expression of this uneasiness is found in the Quo Warranto Act, passed July 9, 1879 (Acts 1879, p. 43). This is a substantial re-enactment of the Statutes of 9th Anne, and gives to the law officers of the government and to the courts much greater power over private corporations than either had theretofore possessed. On April 10, 1883 (Acts 1883, p. 67), the office of State engineer was created. His duties were largely connected with railroads and their business. This did not prove satisfactory. March 28, 1885 (Acts 1885, p. 65), the proper officers throughout the State were required to begin prosecutions against all private corporations violating Sections 5 and 6, Article 10, of the constitution. On the same day an act was passed requiring all railroad companies to maintain their general offices within the State (Acts 1885, p. 67). The next session of the Legislature, on April 2, 1887 (Acts 1887, p. 116), passed quite a stringent law, attempting to regulate foreign corporations in their Texas operations. Next came the statutes regarding receivers, authorizing the courts through these instrumentalities to take charge of and operate railroads and other corporate enterprises for causes enumerated in the statute (Acts 1887, p. 119). This was followed by the trust law in 1889 (Acts 1889, p. 141). On April 8, 1889 (Acts 1889, p. 171), the joint resolution submitting the amendment to the constitution providing for the railroad commission was passed. This amendment was adopted, and thus was laid the constitutional foundation for our present commission law. April 3, 1889, the law regarding foreign corporations was amended to make it conform to the constitution (Acts 1889, p. 87). In March, 1889 (Acts 1889, p. 130), the law requiring corporations to keep their principal offices in the State was amended so as to make it more stringent.
Legislation during this period evidences a complete change in the State's policy as to the use of lands owned or controlled by it. Early in 1883 (Acts 1883, pp. 2 and 3), all such lands were withdrawn from sale. As soon as the plan could be matured and legislation effected, a land board was created, through which such lands were to be sold and leased, in conformity to the scheme contained in the act (Acts 1883, p. 85). This was on April 13. On the next day two very important land laws were approved. The first provided for disposition of minerals in the public and school lands (Acts 1883, p. 100), and the second was known as the Land Fraud Act (Acts 1883, p. 106). Prior to act of April 13, 1883, the doctrine of “free grass” had obtained. No leasing of public lands had ever been authorized, but these lands were used by all persons for grazing purposes. That act provided for acquiring exclusive rights in such land, and authorized its enclosure. The natural consequence of this change is indicated in the necessity for a called session early in 1884 for legislation respecting conditions in the West, and the enactment by it of laws: first, making fence cutting a felony (Acts 1884, p. 34); second, imposing severe penalties for enclosing lands without lawful authority (Acts 1884, p. 37); and, third, regulating the extent to which fences could be maintained without gates or passways through them (Acts 1884, p. 37).
It was during this period that the University was established and put into actual operation (Acts 1881, p. 79).
Many changes, in the main for the better, were made in the public school system at this time, and a great many other interesting and important statutes are contained in this volume, but these suffice to show its great usefulness and value from the historical standpoint especially.
John C. Townes .
How to cite:
Townes, John C., "The Laws of Texas, 1822-1897", Volume 005, Number 1, Southwestern Historical Quarterly Online, Page 63 - 65. http://www.tsha.utexas.edu/publications/journals/shq/online/v005/n1/review_19.html
[Accessed Tue Dec 2 20:31:35 CST 2008]
