The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-15
WllIth Legislature.
Twenty-fOurth Days Proceedings
SENATE.

Twenty-fOurth Days Proceedings
SENATE.
AUSTIN, Feb. Z, 1883.
The senate met at 10 a. m, Lieut.
Gov. Martin presiding, and quorum
| present.
Rev. DR.. Smoot, the chaplain, Offered
prayer.
On motion of Mr.. Perry, reading
the journal was dispensed with.
PETITIONS.
Mr. Fleming: From the citizens of
Brown county. asking the submission
OF the prohibition amendment to the
people. Referred.
Mr.. Matlock: From J. NJ. Gibson
and others, asking the issuance of title
to land from the general land office.
One hundred copies ordered printed
and petition referred.
REPORTS OF STANDING COMMITTEES.
Finance.-Mr. Pfeuffer. chairman,
reported adversely upon senate bill
No. $50. to remit the state tax due
from the county Of Shelby, to said
| county.
Fayorably, house bill No. $40, max
ing an appropriation for the deficiency
IN the amount appropriated for the
year beginning February 2S, 1882.
Fayorably, with committee amend
ment, senate bill No. l56, amending
the present law relating to the time
when assessments, for purposes Of tax
, alton, shall be made.
Judiciary No. 2.-Mr. Patton, for
nOmmitfpa rQnnrfa1 nrnhlt- con to
bill No. 209, prescribing the conditions
under which dispositions of witnesses
may be taken.
Public Laws.-Mr. Gooch, for COM
mittee, made the following report:
COMMITTEE Room,
AUSTIN, TEXAS, Feb, 1853. (
To Hon. Marion Morton, President OF the
Senate:
SIR:-Your committee on public
lands have had under consideration
a resolution from the house of repre-
sentatives which reads as follows:
whereas, There is reason to be-
lieve that both the letter and the
split of the act of April 6, 1881, for
the sale of school lands, limiting the
maximum, has, by the use of fictitious
and borrowed names, been violated,
and that by the use of such fictitious
and borrowed names, persons have Sc
cured large amounts of land in excess
of the maximum: therefore be it
Resolved, by the house of repre-
sentatives, the senate concurring, that
joint committee of the senate and
house of representatives be appointed
with power to send for persons and
papers, whose duty it shall be to en-
quire into this question and learn if
the law has been thus violated, and
report to this body what legisla-
tlon, If any, is necessary to enable the
state, through its proper officials, to
recover posses sion of such lands and
restore them to the school fund"
A majority of the committee in
struct Inc to report the resolution
back to the senate and recommend
that it do not pass.
1t Proposes to appoint committee
without limit aS-.o number. 1t pro-
poses to send for persons and papers.
1t is known that the persons, applica-
tions for purchase, and records, re-
lating to these transactions are far
distant from the capital, and chiefly
relate to the land in unorganized
counties. Anything like an exhaus-
tive investigation would consume
more time than will probably
be consumed by the pres
ent session of the legislature,
and it would cost Il vast sum of mon
ey, which cannot be now estimated, AS
the mileage and per diem of sergeants-
alarms and witnesses would have to
he paid. The object of the enquiry,
as stated in the resolution, would ne
t. ascertain Il lansai Had hat act net been plr
chased by the use Of borrowed or icti-
tlous names-meaning as we under
stand 1T, whether one person has pur-
chased IN his own name, when in fact
he Is acting rs the agent of another.
We 10 not think it necessary to organ
ize committee to ascertain this: for
the reason that it is notorious, and is
not disputed. 1t has been common
custom. The law provided that
one person should not be permitted
to buy more than given
amount from the state. This limi-
tation is believed to have been directo-
ry and addressed to the officers of the
state, and would not effect the validi-
ty of the title of the purchaser who
was permitted to buy larger amount,
The said act did not provide a forfeit
ure for purchase in excess of the
limit named. The law did not pro-
hlblt one person from owning more
than given number of sections, but
limited the number (by direction to
its officers) that could be sold by
officers OF the state to one person.
After the state had parted with its
title. through its officers, one person
could properly buy and own any num-
Der of sections of the land. The OBJ
ject of those who favored the limita-
tion was to prevent the land from
passing into the hands of a few per-
sons, and not toprevent or discourage
its sale. 1t was obvious to those who
thought it wise policy to permit it
sold in large quantities, to encourage
stockraiSing and increase the avail
able and permanent school fund,
that the limitation imposed would
not effect the object sought, because
1t only directed its officers to limit the
sales to limited number of sections
by the state, in the first instance.
The second object of the resolution
is to have the committee report what
legislation is necessary to enable the
state to recover the land. This can
be acted upon without sending for
persons and papers. 1t is a legal
question that can be decided by any
standing or select committee. A ma
jority of this committee do
not think legislation advisable,
even if we have the power to re-
cover the land in some instances.
Several millions of acres of the
school lands have been sold, and
title has passed from the state:
and much of it has passed
and will pass into the hands of inno-
cent purchasers from the original
grantees and their vendees. The
state has received the cash and notes
of the purchasers, at the price stipulat-
ed by law. The deferred payments
bear eight per cent interest per annum
the best investment that can be made
by the state of its school fund. The
cash payments have, to a large extent,
been invested in state bonds for the
school fund. To undertake now to
institute suit in localities where the
land is situated through the district
and county attorneys to cancel each
sale, where it is supposed more than a
limited number of sections have been
purchased by one person, refund the
money, and return the notes for cam
collation., will be, in our Judgment,
profitless undertaking for the
state and school fund. 1t would very
greatly embarrass and complicate our
land matters. The sums of money
49, i -