The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-04-24
Extracts from ssouse JOurnsIs.

I
Lytt Moore presi6es.
Extracts from ssoUse JOUrnsIs-
EXECUTIVE OFFICE.
AUSTIN, April y, lo1a-l
To thu Honorable Senate OF the state OF Texas,
IL session sssmbled:
GeHtLelnen-I herewith transmit to you for
your confederation comm mica ion from the
Commissioners OF tn General Land Ounce, &C
hya copy OF Wi Of injunci ol Is
sued from the circuit court 81 lhs United states
at Austin, Texas. restraining hIm from issuing
patents TO lands IL a large trsCt or country al
| Edged u h5ve been embraced IN the territory
CT MERGERS Colony, predicated upJn suit IN
slituted in said court asserting some soTt
q, I caim or right 10 lads IL said colony llmlts-
l . appears that said claim relates TO la-dS IN
large number o. counties in Northern Texas TO
vii. Limestone, McLennan, Frees one; Andcr-
son. HeEdcrsOH. Van Za4Or, Il .iHs. Hoi K Ms,
liant, CUlri.l, ROckwaN, kapfrr an, Ellis, Joha
son, SommeIvIlc, H.li and Navarro, in which II
appears ihEJ there are stll vacant lands estl-
mated - amount to twenty-threc thou=atd acres.
The Legislature beng III session, aud Ih's DC,
ing m alter OF grave importance, on acc2un, oi |
tn subject involved, as wei o. 'ha power A. |
suned to he cxerc SET, / Il I'VE deemed il proper |
To call your attention 10 II. That tlcrS - |
MERGERS colony in connection with. ard AL Ia |
ing 10, Peeler's colony, and tha5 mere has ovsi
laws passed, and other p'o;eedlng' ~
relations thereto Is WI known IL
the history of this stat. H. has long
been thought 10 be claim da.er ned, afJudt-
Gated or obsolete, and has 3 sod out Of pdbic
notice. Thus suit and the ucu II OK me Federai
court in relation 10 it gives /, an Importance
and dignity not heretofore for a ioag ilme pas
anticipated III reference to II. dc ,ent respect
for this Adjudication should GelndTd caTcini
investigation or he clam se5 up 10 IN "a eiesi
OF sJme sort In SO large riItOry OF lhe SlHlt.
[ pom examining iuIo H. shou the Legislature
dem ii proper to 90 50, II may ne found inst
| legislation of some sort inas lie necessary
From the very recent rerlud uuTi when my
attention has been called 10 tne n tier, am
Lot able To say what in Ihs way o. Legislation
should be me in regard TO II.
In regard 10 the power Foit az % ne eNefC'Heu
by the Federal circuit court IN the lseuinS o!
| this writ of Injunction restra Ming one OF the
| heads of the executive department from the per
| Torrance Of his CGiclal ditlc5, / Il We Inls ID
| saT that Will do not believe any such power
! exists under the Cont utiOn sni laws OF TINS
state, III re is precedeh t Tor II III 'he ca oi
Davis V. Gray, decided by the sup, me IOUrt g
| the UniIed States. founded upou what the court
| regarded 10 be the laws Of THIS State as rcCoS-
| nized and decreed by the supreme Court or This
| state IL is proper also TO statc that there has
| been difference Of opinion among the Judg
! Of the Supreme Court as 10 the exercise ~ ms
ght The exercise OF ths n ut ny me Jndse
| of me Circuit Court OF the a. ted STA es mold
Is = court in his state u matter OF this kshl
| stHnus upoa the same 100 ing as 10 ais legal au
thoriJy as though IL was Attempted 20 be eNer-
ci-ed by II district Judge OF Travis county IN
our own State court.
In order 10 settle any conflict of dscisi' n snd
TO define the law by an express declaration 81 II
by the Legisat of this State, i respectful
recommend that even at this late day OF the ses-
si9n bill be introduced AID passed into Il law
prohibiting any court in this state from issuing
or enforcing any such wrIG as that herein &c
scrhed.
| l do this under a thorough conviction after the
most thorough invest CATION OF the subj CT ioc
years past, that am capable Of klv ne any SID
ject, that II would be night TO pass such Jaw,
thereby contning each department or tae gov
| eminent to the exercise or Its own appropriate
| oflic duties with ut any direction, ContrVl,
! o. interference IN the discharge ot them by an!
officer Of any other department Of ths govern
meLt. y. Nj. ROBERTS,
Governor.
GENERAL LAND OFF Z,
AUSTIN - XAs, Apri, ~, 1879.
To His excClenCy, U. VI. Roberts, G. vernon:
Sri have he honor 10 transmit herewith
COPY Of Injunction this day served o. me As
know Of no law authorize federal or OF he'
court to direct the tiOn OF an executive ofh;ei
of a-state in the discharge OF MS duties urd.i
the laws OF the ate, re-pec fully forwa. this
copy for your constellation aud adVlce. nave
. W. G. WALSH, Commi stoner
In the Circuit Court OF the United States for
: -Ihe fifth circuit ami district ol Messrn Iexs'
J: J. Groos, commissioner, etc
The President OF the UniteI Sta es to W
| Z. walsh, Commit sooner Of the General
Land Office of the state II TcZas his Gle Ks
craftsmen, subordinates, agents servants
and employees; and al his successors in
office, aud al .tneir c., rls craftsmen sub
u a0y of his sue ;ersprs in once, or Under
| the direction, supervision or control Of him
| "
| greeting:
1Vhereas, George Hancock. complainant. ha h
lately exhibited ii, bill of ylsins in the
circuit court OF the United States Tor the ffth
circuit and western strict of Texas al ust,n
wnic said bill hlta been revived II tha n me
OF William Preston against you, he lad Wi
liHin u W alsh, praying relief touching the mat
tiers therein mentioned; and whereas, by An
oraer OF said Circuit court, una 4 in said cSus,
on The day OF April. A. d. 1879, IL was ordered
tnit an lulunctlon should Issue under he seal OF
said court 10 restrain you az e4cn Of you from
Issuing or delivering or eau. iug TO be issued or
delivered or permitting to be issued OF delivered
10 any person or persons or CorpOl alton any plot
| or piots, certificate or certificates or patent or
pa ents 1"r any land or lands within the bound
aries OF MERGERS colony as ret forth in the bill
| or complaint and the exhibits Herewith filed
| ana Herewith defined ana from any fuuher IN
| reference with or infringement OF the land grant
| or land reservation known as MerCcr's colO.ly
| and from doing or causing TO be done any act or
| thing whereby then may Iseue any Patent, certi-
hcaie; plot or grant Of any iands within the
| boundaries OF raid MERGERS colony as defined
and set forth in the SAID I'll OF comp amt ana ex-
h,bits Herewith filed and get forth IN the con
tract made on The twenty OF January,
| 1874, by and between the Republic of Texas BY
| Sam Houston, President thereof and Charles
Fenten Mercer, filed thereis, whereof the orIsi-
| nal is on file ia the Office Il the Secre airy q
| State Of tie State Of Texas aud COPY IL on file
! IN the Office OF the Commits .oner OF the General
Land Office Of he State of Texas, except to the
| comp ainant, William Preston, until the Anal
! nearing OF the said Cause.
| Now, therefore, we do strict command you
and each of You, The said VIM. Walsh. Comn1is-
| kIOner OF the General Land Office OF the
| Stste OF Texas your cerks drsftsmen
! srbordr ates agents end employees. and sue
cessors in Office and all tn ir clerKs drafL-men
| subordinates, agents, servants ana EMPLOYEES
/ and officers anu agents subordinate to or under
| the direction, supervision or control OF you or
any successor or Successors in Office Of Won nm
der the pains and penalties which NAV fail
upon you ano each Of you in case Of d.sObedi-
eaCe, that You forthwith, and unul the fna'
hearing OF said csuze, do rcfrsin and ce-ist
from Issuing or delivering or CaIsing to be Is
sued or delivered, or permitting 10 b. issued or
delivered, TO any person persons or
corporation, any plot or plots certificate or GER
tlncates pateAI or patents for any land o. lands
within tbs boundaries of MERGERS Colony as set
forth in the bill of complaint aud the exhibits
Herewith MED and therein defined. aud from
any further interference with, or infringement
OF The land known MERGERS co'ony and
from doing or causing to be done any acl or |
thing whereby there may issue any patent GER /
tlncafe, plot or grant OF any lands within the
boundaries of said MERGERS coony A. defined |
and set forth IN the said bill OF Complaint and |
exEtbts there.ith hled, and a. set forth IN he |
copy OF the contract made on the tweLty-niuth /
OF January. 1874, by and between the Republic 1
OF Texas, by sam Houston, President thereof i
and Charles Fenton Mercer fled in sad cause
whereof the origin Il - on file in the office OF 4
The Secretary OF the STATE Of Texes, ard a ccpy
is On fle in he Office OF the Commissi oncr- OF
tho General Land Office Of the Slate OF Texas. /
except 70 the complainant, William Preston. |
until he 6ual hearing cf tie ~ cau-e
Witness the Hon raole Morrison r. White
Chief Justice Of the Supre lie Cyurt of The |
Uni ed states al the city OF Austin. Texas this /
twenty -drst day Of April, a D. 1S79.