The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-04-10
The Capitol Lands.

lHC Cdp1GOl BY uluCdGo Ids UScu grant,
ed certificates for $4,000 acres of the
capitol lands, on account of work
done on the new capitol. The Install
ments are allowed only in accordance
with estimates of the work as it pro-
crosses in the immediate erection of
the building, without reference to the
expense incurred in preparing for the
work, such as quarrying the stone and
constructig the syndicate track to
bring the stone from the quarries.
The work So far done, of course, COM
paratively speaking, makes no
great showing towards the COM
pletion of such an immense
building, which is to require
years of labor and millions of dollars
for its construction. But what has
been done has been accomplished with
heavy expenditures and a steadiness
of purpose which indicate that the
capitol will be finished in due time,
according to contract.
Meanwhile the inquiry has been
suggested in connection with the in
terests of the state whether, under the
capital contract, the syndicate lands
have not constructively vested in the
syndicate and been virtually Invested
by reservation of the land from the
state, so as to be liable as the property
of corporation to taxation, which,
on three millions of acres, would
amount to $4,000 annual revenue. Or.
if not, whether it would be advisable
to allow the syndicate to lease the
lands and stock and improve them to
suit their purposes if they will do so
in order that the state may derive the
tax from them. The syndicate are
being granted certificates, but unless
patents are specifically issued
the syndicate avoids any tax and
the state fails to derive considerable
profits from the transaction which it
should in some way be getting as long
as the contract is in course of fulfil
ment.
The syndicate it is natural to sup
pose do not care to apply for patents,
as the patents would simply subject
them to the tax, and are not likely to
do so, as long as the lands remain
Unbiased. The question arises then
would it not be well for the state to al
low them to lease at once all or
as much of the land of the reser-
walton as the syndicate may desire. 1t
would simply be equivalent to leasing
any other lands of the state to other
parties and would enable the state to
secure revenue as stated of 5000 an
ually from the direct lease of the lands
themselves and such additional reve-
nue. as may result from the lands be-
ing stocked with cattle which would
be a further source of taxation and
revenue. The syndicate can well con-
tent themselves with any allegiance in
the matter resulting from a mere con-
structive delivery of the lands to them
by its reservation to construct a state
capitol from the fact that the lands
are all the while improving in value
with the natural growth and settle
ment of tie country; but what solace
has the state III the meantime for be-
ing deprived Of all revenue from them ?
Certainly the contract was not far
sighted enough in not anticipating and
providing for such contingency; but
as that is something which cannot be
corrected it should be remedled
in some way by having the reserva-
ton utilized whether as the property
of the state, or the property of the
syndicate, or property in trust in the
interests OF all parties concerned
If the lands are not held under trust,
either the state or the syndicate must |
have some right of property, indie
pendent of the other, in them, such as
would authorize the state to tax or
the syndicate to use them. If the res
ervation constitutes any delivery in
law the lands are already virtually
OhO PAORSAOJ VI eAO oJAO1CetIO, UT, IL |
not, they are still the property of the
state. Or else they are to be consider
ed as held in trust by a sort of fiction
Of the law for the purposes of the
contract, and in SUBWAY as precludes
hem being used by either party to
ihe contract. In any event the state
,nly can be the trustee, and should
execute the trust in her own interest,
.hough not without fairness of course
o the interests of the syndicate, who
ire equally interested. 1t is an anom-
Ily for the syndicate only to enjoy the
benefits of allegiance on account of
contract that is subject to the action
# both parties, with obligations as
binding on the state as on the syndi-
ate. As suggested, however. the
ontract can only be measurably ]
emedied, al the state shonld {
xecute the trust faithfully, and her |
Ulcers study to do what is best in I
UGH matters. I
The loss of the state, it may be i