Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-12-19
THE STATE CAPITAL.
A Short Cnt TO The Question of Land
Monopoly in Texas.
Constitutional Prohibition of Sales En-
ccpt TO Actual Settlers.
All Entries Under the Fifty. Cent Act
Declared Questionable.
The Governor Will Demand Legislation
on Fence Cutting.
LabOrs of the Land Fraud BOard-De.
partment Notes.
Special to the Gazette.

Special to the Gazette.
Austin, December lS.-It leaks ON
tfal the extensive operations of thu
land fraud board may reach climax
IN declaration in its final report thai
all safes of land made by the state un
DER the ffty-cent act are unconstitu
tlonil. One member of the board il
Known TO be an ardent advocate of
this opinion, though the status of the
( other two has not been ascertained.
me clause of the constitution upon
which this idea is based is section 4
article IL, which says: mo certitj
cate for land shall be sold at the land
once except to actual settlers
to up exceed i6o acr SH The a arg eHt
is, that IL the sale of land certificate,
except as certified, be prohibited. nee
essarily the sale of the land itself
would be warranted. II is said that
in the constitutional convention of
1876, which formed the present consti-
iution, this question was thoroughly
discussed, and the intention of the
clause quoted was to prevent the sale
OF land in large bodies, and to anyone
except actual settlers. The POLICY
adopted by that convention, it Is sta
ted, was 10 restrain large corporations
from obtaining II foot-hold, and this
paragraph was inserted to attain this
end. 1t is further argued that the leg-
lslature has no powers not expressly
vested in it by the constitution, land
that nowhere is the sale OF public
lands us provided for by the legislature
authorized by that instrument. This
Is very serious question, as it in
wolves every acre OF land sold by the
state since the adoption of the consti-
tuition, except tn actual settlers, and
the land appropriations it set aside for
special purposes, such as the capitol
grant. TO declare these sales uncons-
iitutional, would be the most
severe blow at the PROSPERITY
of Texas that has ever been received
from any source. Millions of capital
would be driven from the state and
every material interest injured. TO
TINS capital Is largely due the rapid
development with which Texas has
startled the world. Investigation at
the land office discloses that scarcely
hVe per cent. of the sales nave been to
actual settlers, and TIE records also
SHOW that of these over half abandoned
their purchases. Thus this class rep
resents two and one-half per cent. of
the development OF the state involved
IN the purchase of lands, an amount
indicative of the slow progress that
would be made if the idea now
under discussion in the land fraud
board should prevail. OF course, if
the matter is actively prosecuted. IL
viii finally have to be settled bv The
courts, where the question of constitu
tionality can alone be judged.
GOV. Ireland, when questioned TO-
day by visitor about the prospects of
legislative action on fence-cuttinv.
said he would continue to reconvene
the legislature until some enactment
upon the subject was obtained.
letter was received to-day from
Architect Myers, ptating that he
would arrive in Austin about the 4th
or 9TH of January. The questions
submitted by Contractor Taylor
Of the new capitol will then be con-
sidered. and it is presumed succes-
sor TO Superintendent Clark elected.
The land fraud board has filed with
The Encouragement evidence invoI.
Nxing total OF 72i,GG0 acres of land.
me remaining labOrs of the board will
swell the amount by about Is, 900
AANitS.
The question lately submitted bv
the capitol syndicate, asking The in,-
mediate possession OF the capitol lands 1
wa, Withdrawn after the attorney-pen. (
erai Ind prepared but not delivered
his npinion ''N'
the purchase OF the bonds OF Taylor
aol.ty Tor permanent school fund,
against which a protest has been
entered from that county. will not he
made until the troubles which SUR
, Thli Their issue have been adjusted. 4
IN Inc legal limit OF the issue was ONLY
while the amount issued was
,ser Soo,uoo' II also appears that lhe
,pnds We're delivered to The conrt
rouse rouse. contractor before any work
, /, n ~ I'VE, ana been done, although ii
Is claiIneo he gave gilt-edgc bonj
me encouragement IL inyes,igating
~ question whether there Is any All,
notity for q compromise in the land +,