Galveston, Brazos, & Colorado Narrow-Gauge Railway Co. v. Gross

Citations

• 47 Tex. 428

Syllabus

<p>1. Mandamus.—The District Court lias no jurisdiction, by writ of mandamus or otherwise, to control the action of the Commissioner of the General Land Office in the issuance of railroad certificates.</p> <p>2. Bledsoe v. International R. B. Co., 40 Tex., 537, affirmed.</p> <p>3. Commissioner of Land Office.—In the issuance of certificates to railroads, the Commissioner of the General Land Office is as much .beyond judicial control as the Comptroller in the issuance of bonds, or the Governor in the discharge of any of his official duties.</p> <p>4. Land—Railroads.—It has been the policy of the State to reserve alternate sections, in making donations of land to railroads, from the act of January 30, 1854, (Paschal’s Dig., art. 4955,) until the Constitution of 1869 went into effect, prohibiting land grants to railroads.</p> <p>5. Statute construed.—The act approved March 18, 1873, “to set apart one half of the public domain for the support and maintenance of public schools,” was evidently passed in anticipation of the adoption of the amendment to the Constitution allowing land donations to railroads, and it was competent in the Legislature to so enact; it is therefore constitutional.</p> <p>6. Rules of construction.—See discussion of rules for construction of statutes.</p> <p>7. Same.—When the language of a legislative act is susceptible of two constructions, one in accordance with and the other in violation of the Constitution, it is presumed that the Legislature intended to use the language in the sense consistent with the Constitution.</p> <p>S. Same.—There is no rule forbidding legislation looking to the contingency of a constitutional change, at least when the consummation of' that change rests with the Legislature alone.</p> <p>9. Same—Lands set apart to public schools.—The act of 18th March, 1873, is beyond question constitutional in its main object, in setting apart one half the public domain to the support of public schools; and should that part of it touchi