Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-07-04


M free grass Is the snm total al
Srity, and wandors OH into n flank
Xby cuntending that the lease oil
chuol lands by the state land
Z I{<kpal, because the act OF the legihla-
l1flzing IL Ia unconstitutional. The
II. SIN tn in this case IL the result
|I>I{og read the con titution and dis
4 les not Rpecirically mention and
I'll lease. The Post very much fears
717K will not add mucn to his
1nn as a constitutional lawyer
re summary decision. The
711 on OF 1876 forbade forced sale Y,
Zee OF conr,) oil the homestead. II
\ bed that the husband and wife
bcumber such homestead by deed
s q the courts have said. IN n long
NJ sell they might incuinber WIN
I I7Cst; that, In other words, the great
kIHriuded the lesser Tbs same prin-
Y Involved in the land ques.
~ the legislature has the
y I'LL, the lesser power OF leas-
34lling for n limited period Is IN
|koFein. This theory appears 70 have
. lnclu ding the Judiciary committees
no11ees OF tho legislature and the
or II iversity regents. The former
ii. John Young Gooch, Walter
L. Hill aud the latter Is COM
d OF such eminent lawy ers as l.. j.
Corsicana, Judge HARDWOOD of
udge Clark Of Bonham, Seth
Galveston srd George II. Tod OF
hey say that latter mature delib-
l)Grecommend TO the land board TO
= les, but 10 lease ali lands" Mr..
~|3 be a successful cattle raiser and
nIDr, but there are those who Will
rs hough to doubt his distinguished
|HAh expounder of the organic law.
Vlng to these illusions per-
~ me l would only say
khose who gather their in
81 from the corrupting influ-
il money and power are always
b nttribute mercenary motives
~ Such efforts are never re-
- By honorable men and have
ltonce upon o virtuous people.
, d any point of interest to the
i'd the article 1t Is that the Post
that the power to sell includes
IWer to lease. and hence the
.ure has power TO adopt the sys-
leasing the public lands" He
70 support this position
llne of decisions of our
le court on the homestead
u. Had he been a lawyer
It'd have hardly been guilty of
lily. The point in the cases was
ID only this: The sale of the
Eead 10y a trustee under mort
sxecuied by the husband and
18th power of sale, was q volun-
ID not forced sale, and hence
libited by the constitution of
for the legal attain
81 the Post. He also arrays the
OF many eminent lawyers in
lie as maintaining the Posts
i know most OF them, ard hold
In highest esteem. Should
! Investigation of the question
nth me in my conclusions, /
lei constrained to review the
md would either go to their
ls Or become more firmly fixed
own.
he public will want to see their
ng before accepting the POSTS
Df them.
. proceeding to discuss the con-
nal power of the legislature
. public free-school lands, / will
loting from Judge Denio, ut
useful to state certain princi-
hlch, though not controverted.
been overlooked. Iu
place, the people in framing
Intuition committed to the leg
the whole law-making power
ltAte, which they did not eX-
or implicitly withhold.
powers in the legislature for
,lses of civil government is the
kprOhibition to exercise a par
Vi power Is an eXcep-
4 inquiring. therefore, whether
zen statute is consii-
lit is for those who question
1ity to show that it is forbid
DO not mean that the power
Expressly Inhibited, for there
1ew positive restraints upon
slative power contained in the
tent. But the affirm A.
eecriptions and the general
menus of the constitution are
. fruitful OF restraints upon the |
IRE. Every positive direction
: an implication against any
ontrary to it, or which would
8 or disappoint the purpose of
rovision." Is N. Y, 5i3 !
but an application of those
familiar to every lawyer.
eoeio unius est eXclusio alterias.
pression of one thing is the
moi another.
lnslm facit cessore tacitum. |
Expressed renders what is i'm. !
lent.
ne men let us apply these with !
oll-established rules to the in
'tion and correct understanding |
institution upon the subject of |
eChool and public free-school
first land set apart to educa-
IMPOSES in Texas was by act of |
of the republic Jan uary 26,
lylthis act three leagues of land
Apart 10 each county, which
{ Increased to four leagues. The
tlon of 1916, art. 10 sec. 3, ssys:
l1blic lands which have been
re, or which hereafter may be
Sfbr pubic schools, TO the vari-
ltles, or other political divis-
his state, shall not be alien
- nor disposed of otherwis
ease, for term not exceed
MY years, in such manner as
llAture may direct" Thus it
|otn that when the convention
70 allow the leasing of certain
US no trouble in finding words
Institution of lS75(art. Z, sec. 81
|4g Ithese lands to the COUNTIES
that each county may sell or
u its lands in whole or In part
inner to be provided by the
oners' court of the county.
constitution of 1875 wanting
he counties to dispose of their
)erwise than by sale was not
TO find language to saw 40.