The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-15
A NEGLECTED STATE DUTY.

In the creation and maintenance of
the general land office it was not the
intent or purpose to establish and
keep in operation a mOney-making
department for the state, The object
for which the land Office exists is to
execute laws relating to the states
landed system, and to pass titles from
the state to individuals, under laws
and regulations fixing the manner in
which persons may become possessed
of parts of the public domain. The
state contracted with railway compa-
MES to build thoroughfares for its de-
velopment, and in furtherance of such |
benefit it granted to such railway |
companies the right to locate lands by |
sections, requiring them to set aside |
and survey, and return to the land
office field notes of such surveys, one
section of land located alternately for
the school fund for every section To-
Gated for themselves. The general
land Office is required to issue certiti-
Gates for land grants, to file notes OF
survey thereon, and then to
issue patents to these lands,
such titles being the trans
fer by the state in fee simple OF
portions of its domain. In this man
ner, too, have lands been acquired by
other companies than railroad
companies, by actual settlers,
through pensions, and by various
other frauds, made on legal condi-
tions, and upon specific services, en-
titling persons to acquire titles to
public lands. The general land office
is the agency through which all such
titles are made good. The sixteenth
legislature passed law granting per-
sons or companies the right to buy
lands in certain counties, the pro-
ceeds to he used in settlement of the
public debt of Texas. Under this law
quite ii quantity of land has been To-
Gated and designated, the field notes
now being in the land Office, and the
necessary sums of money required
to pay for the lands being deposited
with the state treasurer. In these and
| in all other cases where the prOviS-
ions of law have been complied with,
the state assumes the duty to make
titles, and such titles are due without
delay or hindrance, and especially are
they due on the debt lands, the law
governing their sale directing imme-
date issuance of patents. 1t has been
| the pleasure of the state government
to make the general land office self
sustaining institution. In former
years this was not provided for, but
now the commissioner receives more
money annually than is required to
meet all the expenses of his depart
ment; in fact, he pays over to the
| comptroller a balance in favor of rev.
enue. His last annual report shows
that the department paid over into
the state treasury $4,000, this sum
being its profit on clerical labor. I'm
der similar circumstances company
or an individual owning lands
would be required, on compli-
ance with the stipulations of Obliga-
tons to sell, to Immediately make til
tie. An excuse that circumstances,
or the occupation of the vendor, could
not permit the making out of deeds
until some indefinite time in the fu-
ture, would be ineXcusable and might
be taken by the vendee as good ground
for avoidance of any contract. Such
would be the force of obligations be-
tween individuals, and what is re-
quired of individuals should be
promptly extended by the state. The
state should set examples of probity
and of promptness, and not require of
individuals what it fails to do in trans
actions with powerless people. The
state constitution declares executive
departments of the state supreme
within their spheres, and, therefore,
it should be seen that these depart.
ments are not, while they are supreme,
unjust to and damaging to private
interests. Since the land department
is a money-making concern; since in
the transaction of businrss with per-
sons the state is not put at expense;
since it secures profit upoh the EN-
Mo Of ifS nHicia1 nn1 flariaal
force, and upon expenses attached to
their service, it should certainly not
postpone that which is required for
the benefit of individuals to whom it
has placed itself under obligation. To
postpone duty is to uphold neither
public nor private morality. There
is said to be now accumu-
lated in the land Office, vast
amount of unfinished business. There
are claims of all classes lying there,
awaiting clerical duty, and, to use an
Alcalde homile, the land Office is not
paying Us it goes. The state owes the
individual money, and the comptroller
draws his warrant on the treasurer
for the sum of Indebtedness; the in
dividual takes this draft, walks down
the passage way and hands it to the
treasurer, and then and there he re-
ceives his money. This is pay as
you &C" and the business of the land
office should be conducted in like
manner. The law fixes that when
persons have paid what is required of
them on land claims, patents shall
issue; and the obligation should be
made strictly binding, and especially
timely. AS we have said,a vast amount
of unfinished business is in the land
office. Money is lying on deposit, paid
upon claims for title, and yet, money
being valuable, these claims lie in
definitely in the Office until an unjust
expense has been imposed, until
through large sums of money lying
idle ON deposit with the departments,
the lands for which this money pays
have been made mere expensive than
was anticipated by those contracting
with the state for its purchase. Let
us make case: A man comes from
a distant state to Texas to invest
in lands. He deSignates the