The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-02-02

1882, and was argued by counsel, and,
thereupon, upon consideration thereof,
il was, and now is ordered, adjudged,
and decreed as follows. namely:
Fret. That the compartments allega-
tions are found to be true and supported
by the proof, and that the order and writs
of injunction heretofore granted and
Issued IN this cause. j. hereby made per-
petuai, and the defendant. W. Z. Walsh,
commissioner of the general land Office OF
the state Of Texas. and all and every. his
successors in office, and all his clerks,
craftsmen. subOTlinateS, agents, servants
and employees, and all officers or agents,
subOrdiuates TO him, the said defendant.
or 10 any OF bis successors in office, or in
any manner under the direction, supervi-
sion or control Of him, or of any Of his
successors in office, be and hereby Is
and are restrained, prohibited and for
ever enjOined from issuing, or deliver
ing, or permitting to be issued or deliv-
cred to any person or persons, or TO any
cOrpOT ration, any certificate or certificates,
patent or patents, plat or platS. for any
land or lands within the boundaries of
MERGERS colony, as set forth in the bill
of complaint and the exhibits herewith
filed; aud from any and all interference
with, or infringement of, or upon the
land grant or laUd reservation known rs
MERGERS colony, and from doing. or caus-
ing to be done, any act or thing whereby
there may issue any patent, certificate,
plat or grant of any land within the
boundaries OF said MERGERS colony, as de-
fined and set forth in the bill of complaint
and the exhibits filed and as set forth IN
the contract made on the tewenty ninth
OF January, 1874, by and between the re-
public OF Texas, by Sam Houston, presi-
dent thereof. and Charles FentOn Mercer,
filed herein, whereof the original j. on
file in the office of the secretary of the
state of Texas, and a copyis on file in the
office of the commissioner of the general
land Office of the state of TeX0s-eXcept
to the complainant, William Preston, as
chief agent of the Texas Association, or
his successors or assigns, or to such per-
son or persons as he or his success ors
may in writing direct.
And it is further ordered, adjudged
and decreed, that the defendant, VIII
liam e. Walsh, commissioner OF the gen.
eral land office of the state of Texas, and
each and every his successors i'll office,
and all his or their servants, employees,
agents, clerks, craftsmen, surveyors,
deputies and suboI climates, each and
every one be, and the same are enjoIned,
restrained and prohibited from hinder
Ing, obstructiDg, preventing or delaying
the said William Preston, his agents, at
torneys, employees, or the successors or
usSlEub Ol sdlu buelT uRtuJS
attorneys or employees in the surveying,
selecting, plating, recording. entering
or claiming any and all lands lying witll-
in the limits and boundaries of the So
called Mercer colony, as set forth in the
bill Of complaint and the exhibits there
with fled, and the said defendant aud
his Successors in office, and his and
their agents and subordinates,
are enioined from hindering, Obstructing.
preventing or delaying the said Preston.
or his successors or assigns, or the Texas
Land Association from performing and
completing and perfecting, all and Singh
lar. the several conditions, duties. Obli-
cations and acts deVOlving upon the said
Preston, or said association, under the
terms and stipulations of the colOniZa-
tiOn contract set forth in the bill of com
plant in this cause. and in the exhibits
filed with the said bill of complaint; pro-
yided, that this decree and the iniunc-
tiOn herein shall not be held. nor intend
ed, TO affect any lands appropriated or set
apal by the act of congress of the
republic, entitled IAN act appropriatIng
certain lands for the establishment of II
general system eff education" approved
January &c, 1859, aud which lands were
legally located, surveyed and appropri-
aIed for state university, prior
to January %, 1884,. the date
OF the Mercer colonization
contract. And il is further ordered and
adjudged, that the defendant do pay all
the costs herein Incurred, the clerk TO
tax the same, and that proper process
issue therefor.
Decree rendered January -, 1882, and
signed January &c, 1852.
(Signed) DON A. PARDEE, Judge.
True copy from the minutes of the court,
Test with seal this, 2Ith Jan'y. 1882.
GsEAL1 NJ. HOPKINS.