Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-06-07
PETER SMITH.
PETER SMITH.
uls views on the Lease System and
Free Grass.
The Oonstitutionality of the Question
Ably Discussed,
One Citizen Worth More to Texas than
q Section of Land.
All IJniuclosed Lands Should be Free to
Actual Settlers and Their Flocks.

itself, and the laws governing II should
he framed In a spirit of non-sectional
impartiality. To do this, 1t requires
| the wisdom of statesmanship, and the
, lessons of long and varied experience.
| Laws hastily framed upon sincere
motives but mistaken ideas as to
their effect upon the prosperity
of the state, are pernicious in their re-
suits and greatly affect the general
welfare of the masses. Crude legisla-
ton, hastily rushed through the law
making assemblies of different states,
has often fell as pail upon the people |
for whom the laws were enacted, and |
when common wealth has prosper
ously sailed through many years OF
advance and progress, 1t is unwise to
change principles and policies that led
to its development. Especially should
the legislature of Texas, whose boun-
diaries are indeed almost boundless,
consider well the legislation 1t thrusts
upon the people it represents.
A state so large and domain so
vast, must necessarily have conflicting
interests, and contests will often arise
as to the rights and liberties of the
|
will blindly trample the prerogatives
of the minority, rs promulgated and
: guaranteed by the constitution. The
, servants of the people, sworn to per-
J form a sacred trust in watching over
J the destiny of the whole state, are
frequently led, through mistaken
l sense of their duty, into
the enactment of laws which
are direct blows at the welfare of
those whose wants they know not;
3 laws which breathe not the spirit OF
) the constitution, and which bring dis
e order into the social and political or
: CARNATIONS of a commonwealth.
: Such were the reflections forced
l upon the mind of GAZETTE repre-
/ sentative in listening to the words of
/, COL. j. y. SMITH,
who had been sought by the faberite
and asked for an expression of his
: views upon the present mode of leasing
s the public school lands and the conse-
: quent results of such system upon
the prosperity of Texas.
Col. Smith was found sitting in the
evening moonlight ana entertaining a
venerable guest on the broad porch
that overlooks the lovely yard that
surrounds his magnificent dwelling.
Tenderly putting away his little son
who was sporting on his knees, he
cautiously received the interviewer
and when the guest had departed anC
the boy decoyed into the house will
aluring promises, the colonel led TIL,
way to his library to talk of thu
LEASE LAW AND FREE GRASS.
"You ask me how regard the presen
system of leasing the public lant
and its probable effect upon the settle
ment of Texas" said Col. Smith as h,
reached for copy of the laws passe'
| at the last session of the legislature
/ lying upon the table in front of him
1 IL think the land board should not b
! too strongly attacked for executing
law thrust upon it by the Legislature
4 members of the land board; they hav
tried to enforce an unfortunate Law
and I don't know that it was the
duty to Judge of its unconstitutionalit.
But the law is radically wrong, an
there are many just o.
jections to be urged against
First, believe it to be unconstit
tional. do not think, in the stri'
sense of the constitution, that the
lands are subject to lease, but to u
contrary, 1t Is mandatory that I'll
public lands of the state
Is SHALL BE SOLD.
,r,h "Section 4, article 4, of the cons
ON tuition reads as follows:
tho ''The lands herein set apart to the public Fl
school fund shall be sold under such regu
axe be prescribed by law. 3 = The con
ank troier shall invest NE proceeds of such sa
rected by the board of education herein p
D D. vided for, in bonds of the United States,
fore sta.e OF leNa. or eoun,ies IN saiu STATE OF
iced lions a. may be prescribed by law, and
vast state shall be responsible for all investmer
out "Section ., article of the same
lion reads:
the IAN mnds land and other property her,
hats, fore set apart and appropriated for the 5
we're port OF the public schools, al the altern
out OF grants heretofore made, or that II
hereafter be made to railroads or other
poratous of any nature whatever, oue-t
lived OF the public domain of this state, and
sums of money that m y come to the 81
from the sale of any portion of the sa
,e6. shall constitute a perpetual school fund.
"Section 5, article I, of the consti
relied ton says:
* ,s SO "The pri ncipai ofall bonds and other fu
~ ~ -, and the principal arising from the sale of
1 my n,nd anal h. the nermaanant schnn, ~
'AS' and the taxes herein authorized to be lev
shall be the available school fund. VIII
the pusle Schools and no law shai
be naS.sa se hoS TO
other purpose, whatever, etc.
ISL ISL, "In the first instance we see
mandatory, according to the const
u dis ton, that the lands shall be 81
l 'a.v secondly, that the comptroller 81
As the invest the money in certain bonds
u win in such manner as may be prescri
!; by law, and, thirdly, the permau
-. aud available school funds are cla
,s, fled. In the constitution nothil
III said of leasing the public lands,
they are leased and 1t is conten
'eu W that the leases are a species of 8
vice But even II this be true, accordin
no re- the law the funds arising from 8
leases should 20 to the permanent
AND NOT TO THE AVAILABLE SCH
milton FUND.
nas ~ under the constitution 1t woul
teresf just as lawful for the comptrolle
,rt az invest the permanent school funds
am. any banking or other enterprise
mn ing high interest, as 1t was for the
nnint islature to lease instead of selling
4 was public school lands. Under the {
sarin~ stitution. section AZ, article 8, wi
Of the requires that the Legislature shall
Tunes such laws as may be necessary to C
i, to he into effect the provisions Of the col
) the tuition, how can the governor and
II tbs islature fail to provide for the sal
1A H.. IL.