The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-04-20
VOL. XI.
WHO WILL OWN THE LANDS

Mueh<of the time OF the senate
was occupied yesterday in discus
sing the repeal of the law of 1879,
authorizing the sale of public lands
for the payment OF public debt. The
lands reserved for this purpose
are IN the Panhandle, and
the price fixed on them
under the above act is fifty cents
per acre. Considerable bodies of
these lands have been filed on, but
up TO a day or two ago, at least, no
money had been paid on any that
have been selected for purchase.
The committee yesterday report
ed bill repeating the law,
the object of the bill being to
cause all files not made in good
faith to be regarded as null and
void. 1t is said vast bodies of these
| in this reservations have been filed
on in the last few days or weeks, the
object being to hold lands under
the law of 1879, with the
idea that the reservations
are to be opened for satisfying out
standing certificates, and that when
this is accomplished, the speculating
filers will transfer their claims to
the holders of certificates. This is
the report that circulates, but how
much truth there may be in
it we cannot state. There may be
none, and it may be that those who
have filed upon the lands in the last
few days may intend to perfect the
the purchase under the act of 1879,
holding that the statute and any
steps taken by them combine to per-
feet a contract. 1t is claimed by
some of the advocates of repeal, that
simple files do not make the contract
complete, since no vested right is
established thereon, while others
say contract is made only by
survey of the lands and their
designation by field notes at
the land office. Others assert that
the state is not obligated until the
purchase money has been paid, and
that if the law be repealed, in ad-
vance of such payment, appli-
cants tor purchase have no
right. The legislature has power
to repeal any law, to enact
any measure, but the constitution of
this state makes each executive Off
Ger little king in his own domin-
ion, and he may do according
to repealed or unrepealed law
according to new law or no
law, or according to his own per-
sonal inclination; and then he may
be reached only by impeachment,
for the courts have no power to die
tate any manner of execution, or to
prohibit non-execution; and i'm
peachment might be followed by
repetition of the same course of con-
duct on the part OF the successor.
There is no guessing, therefore, in
what the repeal of this law may end,
except through the inclination
of our present land COM
missioner, who shows laudable de-
sire to retain all the lands he can
for the better financial advantage of
the state. 1t is quite certain that
this law of 1879 should be re-
pealed, but it is said files
have been placed on all the
reserved domain, and, if these be
binding, legislating at this day upon
the subject would be useless. But
it is said the most careful considera-
tion has been given to points in
volved, and it is very generally
agreed that rights do not rest,
at least until return of field notes
have been made, while, as stated,
some hold the payment of the price
of the land all that will hold, prior
to the repeal of the law, which, cer-
tainly, from indications, will be eff
fected to day.