The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-12-20

require all money paid directly to the
treasurer by the collectors, and that
the counties be placed upon the same
plane with other claimants upon the
treasury viz: that they receive their
funds upon a warrant of the comp
troller upon the treasurer and not
from the collectors of taxes as at pres
ent. Thus briefly suggesting this
subject for the consideration of your
excellency.
l am, very respectfully,
VIM. j. SWAIN,
Comptroller.
LAND DEPARTMENT.
The following Is the text of the de-
cision of the Supreme Court, recently
rendered at the Tyler term, relative
to purchase of school lands by coun-
ty surveyors:
No. 1882. Joseph Cotulla, appellant,
from the District Court of Lasalle
county. Opinion: George II. Mills
was the county surveyor at the time
he made the application for and pre-
tended to purchase the land in con-
troyersy. Article 11S. of the Penal
Code, then and still in force, is as fol
or clerk in the general land Office, or a
district surveyor, or deputy district
surveyor, or county surveyor, or his
deputy, shall directly or indirectly be
concerned in the purchase of any
right, title or interest in any public
land, in his own name or the name of
any other person; or shall take or re-
ceive any fee or emolument for nego-
tiating or transacting any business
connected with the duties of his
office, other than the fees allowed by
law, he shall be fined in any sum not
exceeding five hundred dollars"
Tat the term public land' as used
in that article is not limited in its sig
MITIGATION to unappropriated public
domain, Dut also includes what is
usually designated as public school
lands. it seems to us admits OF no
question. These pnblic school lands
were set apart for public purpose,
devoted to the promotion of public
education. The act of appropriation,
or rather the dedication of these lands
to that purpose, did not work a
change in their ownership; true they
were not thereafter unappropriated
public domain, but, as ever,
belonged to the public. All
the reasons for prohibiting
such officers and clerks from dealing
in unappriated public domain, apply
with equal or greater force to their
dealing in public school land, the sale
and disposition of which is committed
entirely to them as the agents Of the
public.
In Willis VS.. Abbey, % Texas, 2O4,
court said public policy required
that the officers chosen to locate and
survey the public lands should not be
permitted to speculate in them" And
again "The policy of the state in re-
lation to the location and survey of
public lands, and especially the policy
of prohibiting surveyors from pur-
chasingor acquiring an interest in the
public lands, is the same to-day as
when the statute of 1886, to which
reference has beeu made, was enacted"
So in the sale of public school lands,
the appraisement and sale of which is
committed to the officers mentioned
in the above quoted article, public pol
icy requires, that they should uot be
permitted to speculate in them, or to
purchase the same in measure from
themselves.
Our conclusion is that Mills appli-
cation to himself for the purchase of
the land, and all subsequent steps
taken in that direction by virtue of
that application, are utterly void !;
and hence the appellant showed no
right to the land.
The judgment of the court below
ought to be affirmed. A. 2. Watts,
Judge.
Nov. 81, 1888. Report of commits
sioners of appeals examined, their
opinion adopted and the judgment
affirmed. A. II. Willie, Chief Justice.
I,S.D. Reeves, clerk supreme court
| of the State of Texas, at Tyler, here
by certify the above and foregoing to
be true and correct copy of the opin-
ion of said court in said cause.
Witness my hand and seal of Office,
this December II, 1882.
S. D. REEVES, Clerk.
The state land board have decided
to instruct county surveyors to regis
ter applications for lands in the order
in which they are received, to be COZ
sidered in the order registered.
PENITENTIARY REPORT.
Mr.. Dickinson, secretary of the pen
| itentiary board, has received the re-
port of the financial agent of the pen
itentiaries, Maj. Brahan, which will
be submitted to the board at theiI
next meeting. The report is as fol
lows:
HUNTSVILLE, Tex, Dec. 10, 1888.
Gov. John Ireland, Messrs. 1. G. Searcy ant
Walter Tips, state Penitentiary Board, Aus
tin, Texas:
GENTLEMEN have the honor tt
transmit to the comptroller of public
accounts, through your honorable
board, my report of receipts and dis
bursements as financial agent of thu
Texas State Penitentiaries from the
LIST to the Both day of November, 1883
inclusive, accompanied with receipteC
vouchers for all amounts paid out by
me. 1 also enclose you copies o.
invoices for supplies purchased anC
paid for by me for the two peniten
tlaries and the outside camps during
the month of November, for your in
spection.
AS shown by my last report. ending
October 30, 1888, had on hand
CoIiecfed during November for hire
of convict labor on railroads and
FARMS and from other sources. 1925
s64,5y2 8
Pc Pen liter lar soucn..s' ~ s2a7sl
Paid out, per vouchers, at Rusk Penl- -,
tertiary 4,ooz
s27,12s 9
Balance on hand Nov. 80 ........ So. 42S
i deposited as stated in the report
Nv reports and accompanying
vouchers for November show the sal
aries of all officers, employees, ser
geants and guards at the Huntsville
and Rusk piuitentiaries and on thu
railroads and farms have been paid TO
the month of October, and the tW
prisons ard railooad trains have bee
supplied with provisions sufficient t
last until the first day of January
The medical bills, beef accounts, etc
for the railroad and farms for Octobe
, have also been paid.
During the month OF October, out
side of our regular monthly expenses
, have paid out as follows:
For lumber and material at Huntsville 5 6i5
! Tin and slate roofing for Wiggin s.