The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1883-02-22
SPECIAL ORDER.


Senate bill No. 80 and 1875, the
question being upon the following
resolution offered by Mr.. Gooch:
Resolved, That the committee on
public lands is instructed to prepare
as soon rs practicable, a bill con- ain
ing the following provisions, among
others:
/. The bill shall contain provisions
both for sale and lease of the school
lands.
2. The land shall not sell for less
than $500 for unwatered land, $3.50
for watered land, and $500 for timber
land not suitable for lumber.
3. The timber useful for lumber
shall be sold. and the land reserved.
4. Pasture lands not timbered
shall be leased. by competition, for
not less than three cents an acre, nor
for longer terms than twenty years.
8. The land shall be sold on forty
years time.
8. The rate of interest shall be 4
per cent.
2. The principal on deferred pay.
| ments shall not be paid for ten years
P, after sale.
s. Corporations shall not be permit.
ted to own more than $40 acres of the
land.
9. Forfeiture of the land shall be
provided for without judicial ascer-
tainment.
10. The amounC of land that may
be purchased by any one person shall
I be confined to one section of farming
land, or seven sections of unwatered
pasture land.
IL. The land shall be sold to actual
settlers only.
IL. Actual settlers shall have the
preference of purchase.
Mr.. Terrell moved that the senate
do now go into committee of the
whole.
The Chair-The senator from Travis
will take the chair.
Mr.. Terrell-Though l recognize
the invitation as parliamentary
courtesy, / trust the senator from
Bexar will take the chair.
Mr.. Houston presided accordingly
First proposition: The bill shall
contain provisions both for sale and
lease of the school land
Mr.. Matlock moved to strike out
the proposition to lease
Mr.. Cooper: To amend by adding to
section, the lands classed as pasture
or grazing lands shall be reserved
from sale, and school lands be leased
for period not less than three years
nor more than ten years; and no land
shall be leased or rented at a price less
than five cents per acre, nor more in
quantity larger than than ten thou
sand acres to any individual, firm or
corporation. Withdrawn.
Mr.. GOOch-When introduced the
resolution on yesterday called for a
division of the question, and we are
now considering the first clause of the
instructions, and address myself to
that question. The senator from
Montague (Mr. Matlock) contends
that the legislature has no power to
lease, because the constitution directs
their sale.
l. Has the legislature power to lease
the school land?
Mr.. Cooley, in his work on consti-
tuition Limitation, section 9, says:
"The government of the United
| States is one of enumerated powers;
the national constitution being the
instrument which specifies them, and
in which authority should be found
for the exercise of any power which
the national government assumes to
! possess. In this respect it differs from
the constitution of the several states,
which are not grants of powers to the
states, but which apportion and i'm
pose restrictions upon the powers
which the states inherently possess"
Justice DEMO, in the case of People
VS.. Draper 10 New York, page 543l
expresses in appropriate language the
law of the question under discussion.
He says: The people in framing the
constitution committed to the legisla-