Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-12-20
THE STATE CAPITAL.
Opinions on the Constitutionality OF The
Fiiiy.Cent Land Act.
Commissioner Walsh and the Land
Fraud Board Interviewed.
The Matter TO be Tested Soon In the
Courts Of the State.
Other Items Of Interest and Notes From
the Department.
special 20 the Gazette.

the department.
special 20 the Gazette.
Austin, December l0.-Col. w. &
Walsh, land commissioner, was inter
viewed to-day by n GAZETTE ieporte
regarding the question which has beei
sprung concerning the constitutional
ity of the fifly-ceDt act, providing FOL
the sale of The public domain.
Reporter-"Coloncl. what is there In
this matter"
Colonel Misunderstanding, except
the possibility of entirely destroying
faith in Texas. The agitation OF the
question can only result in unsettlint
confidence in our land tit es, ano
greatly injuring the prosperity of the
state.n
Reprter--"What il the real inter
probation of that clause in tue consti
tuition which provides that no certiii
Gates for land shall be sold at the land
office except to actual settlers upon the
same, and on lots not to exceed on,
hundred and sixty acres, from which
il is argued thai the recent legislation
is unconstitutionaI?n
Col. Walsh-"Ihat was wise pro
vision. Under the acts of 1856, 1860 and
1861. the land Office sold certificates in
large numbers. | was receiver in 1860
and turned over at one time 500, geo re-
ceivcd from their e. This was, for
obvious reasons, an unsatisfactory
method OF dsposing of the
public domain, and the
clause referred to was inserted
t.,..t,,N .l,;a ,,,,tlst,I ,f - ouIn 4 ,n .,
not have reference so the issue of pat
rnts, because there is no more similar
ity between certificate and patent
than check for money and the mon
ey itself"
Reporter--"Do you think the courts
will sustain this construction
Col Walsh-"rhe supreme court. at
its session of 1882, in the case of Bacon
VS. Russell, from Denton, decided that
the constitution of 1869 prohibited the
grant of land 10 individuals, but that
under the constitution of 1876
the legislature bad the power
to make donations ut its pleasure. If
it is the privilege of the legislature to
give the land away, most certainly it
can sell it,
The reporter next interviewed the
members of the land fraud board,
which it was thought might treat OF
the matter in its report.
Mr. Patton expressed no opinion as
to the conslitutionaiity of the tiity-cent
act but thought il was not the pre-
negative OF he board to touch on con-
stitutionnl questions.
Judge Hall said there WAS no Ques-
ton in his own mind that the act was
lnc institutional.
Col. DeMorse isl firm believer in
,he uuconstitutionality of the act
The b ard, in acting on the validity
If the fills under the tifty-cent ACT
'ver t lie John Gibson certificates, will
qu,rely confront this question, and
rom the expression outlined abov,.
here can br bu little doubt rs To its
course While these opinions M 10
he unconstitutionality of the fifty
ent act ARE snaed by Others high in
authority, the iirn aud curtidrnt post
ion of Land Commissioner Walsh who
: the best inf IN ed man in ..e slart,
II land m tiers, gives IL surance that
ueN are in the wrong.
The amount OF laud sold under TIL,
ifty-cent act has been so netting over
I've million acres and Ia iinpearh the
title 10 this is n grave step. This,
however. would not measure the evil
esult, but all land titles would be un-
ettled and capital virtually driven out
# the state. Actual settlers, many
II whom have bought seven sections.
you'd lee compelled TO surrender all
kept 100 acres. The public
lomain could not be purchased in
anger tracts, which would make il
he work of u century To develop the
tate. Instead of woand one-hulf per
cnt., ~ telegraphed yesterday, the
ales OF land t0 actual settlers as con-
idered by the law do not represent
ver one per cent. of the total sales.
Fhe sale of sch oil land will not lie AT
ected by any decision in the matter,
$ article I, section makes ample pro-
'ision for This. A suit will lie insti-
uted soon in Moth Texas
INVOLVING the very question OF
he constitutionality of the fifty
,ent. act, and its issue will be anxious.
Y awaited. Glnter and Munson filed
'ver forty thousand acres under this
lct. and other claimants propose to test
It's constitutionality
The attorney general has completed
his statistical report, wi ich shows for
the past year total indictments for
felonies 4.7j7; trials :, l5i; convictions
l,0lo; acluittals 1868 pending $3.50.
Total Indictments for misdenieanors
) rs trials 'i,isO convic-
ions SAG; acquittals 1857:
Iuashed, 3Ii; dismissed, l,s62; pend
ing, $3.50. Death penalties, II; life i'm
30; total years in the pen
tentiary, 4,27l; average term, four and
,ne-iiith years. Total fines imposed,
Sl02 Oh; RENTED, 81 7b2; collected,
S3i, 433; total final judgment in f,r
'eitures, So, 1872; forieitures remitted,
S2l,6 $50; forfeitures collected, $l5 ,ISO.
Appeals in felony case', 27i; appeals
IN misdemeanor casts, 80.
Sixty-iive thousand dollars
worth of Bell toInty bonds
were received this evening for
the permanent school fund.
The comptroller refuses to take Bra
loria county bonds, because the inter-
est has not been kept up on them.
to-day.
IT. Is learned that several gentlemen
who Were called before the land fraud
board refused 10 testify, and on inves-
tigation the board decided IL had not
the power 10 compel them to talk.
la the district court this evening
Judgment was entered against the Citv
Water company IN favor of &, w.
White, ON u note for 81 ,3S7 and 500
attorneys fees.
$50