The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-12-02
THE HERALD: SUNDAY MORNING, DECEMBER 3. 1883,

sired in the colony limits. Such was the de-
0 ee successive rendered by JUDGE WOODS
now OF the supreme court and
at the next term by JUDaH PARDEE, of the
circuit, the first deciding on demurrer, the
second on final trial.
AT the earnest instance OF the special
counsel for the state, an appeal was taken to
the supreme court Of the United States. The
special counsel for the state induced bis
own friends to make the appeal bond.
COMMISSIONER WALSH not being willing TO
ilvolye his friends in what he, perhaps,
deemed useless struggle, though lac him
self signed it Willingly. Had the appeal
not been tskeu, or had the supreme court
affirmed the cecree, IL is simply imposti-
BILE TO estimate the loss, the distress end
suffering that would have ensued from the
endless litigation and deprecated values of
property, not in the colony only, but the
entire state. Some idea may be gathered
Of The extent OF this claim from the notice
inee led in the Austin Daily Statesman, a
few days after the decree was rendered, by
the plaintiff, Preston, where he Gays, 1.-The
validity OF the MERoaR grant has been iully
established, a. we'll as the invalidity of al
locations, surveys aud patents from jan
ulry 20sh, 1874, to the present Time"
Had this view been sustained by the gu
preme court perhaps none would have beer
sale except those who were In actual posses
sion prior TO 1856.
But by tho decision Of the United States
supreme court just rendered this decree has
been totally reversed and the Mercer col
ony grant declared 10 BIO Of no validity A
great thorn has been taken from the side o
Texas! and we in tho old colony limits Cal
breath freely once moro, But let us not il
the hour of triumph forget or fail to d,
honor to the one who battled 30 successfully
for our rights before the supreme tribuna
at Washington. Almost single handed ant
alone the Hon. A. J. PEELER, the specia
counsel for the state, has fought this cas-
through the federal courts at Austin ant
carried II up by appeal, Foreseeing that /
the case was allowed TO take It's usual cours
with the 5000 other casespending on appea
the case would last for years and the Ian,
office closed while IL lated, he appeared
before the supreme court aud by an abl
argument induced the court to advance tn,
cause to speedy hearing on its merits anI
finally won the cause.
COLONEL PEEBER feeling the great respon
sibilities resting upon him and the momen
tous issues at stake, has, we understand
given the case his close and almost sol
attention during the last tire
years, to the neglect Of othe
business. Besides preparing volumi
nous briefs in the cause he has CAREFUL
compiled on pamphlet Of 250 pages a iul
statement of the entire claim from its In
caplion to the appeal with all of It's histort
cal and legal facts. II was prepared TO
the use of the state, to guard it forevt
from this Ubiquitous yet perennial CLAIM
II was to be the tombstone over the remain
oil tho Mercer Grant! And II was propnre
for this purpose! The state by this deci,
i'm has saved millions. We believe II pay
the distinguished counsel $4,000 Hardl
so much as corporation pays in ordinnr
cases touching It's welfare. Still If We az
preclate the character OF tho gent lena
correctly this is but OF little moment 70
he has this proud consciousness 30 dear t
every true lawyer that, "IIo has fought
grand fight and he wears the laurel wreat
of yiclory.n