Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-09


tiiicatcs numbers l05 aud 4sl made by |
J. II. Coryeil, attorney In fact for, ID.
The. Ayers and Il. Randle, September
|, 1879, are Endorsed as on hand and
filed the twentieth day OF Sep
TENDER, 1879, by j. II. kemble, sur
veyor of the Young district. The
field notes are marked surveyed sep
TENDER 10, 1879. and signed by Walter
s. Jones, deputy surveyor OF tne
Young district. j. III kemble cerii-
fees that he recorded the same Septem-
der 20 1879 1t is evident therefore
that these field notes were MADE,
not upon certificates on hand,
bur ten days in anticipation OF the
authority to make them. The appilca-
ton for surveys of forty-six OF these
certificates is dated September U, ls9'
and Is signed ~. II. Coryell, attorney,
Ivy Walter :. Jones" and purn"rts 10
have been recorded 10y j. IL. kehiole'
district surveyor, ON the same gay
Application for survey OF 4o3 OF tn.se
certificates ia dated September 20, 1879,
and signed "E. Randle, l.. Fellman,
q. q. Wells. by their attorney in fact,
]. r. Corytll;n file recorded by dis
t.ict surveyor on the same day ~ the
field notes. These two last named
| npplicatious, covering 400 certificates
| and sos surveys are certified by the
| district surveyor AZ having been re-
corded by him, but the date oil me
record i'm all these cases Ia either lett
blank or when inserted was erased be-
IRE filing in the general land Office.
| Ten Certificates in Crockett county,
one in Uvalde and seventeen In Pre-
sidio appear to be regular; the re-
manning twenty-six of the 555 certili-
Gates issued to John Gibson have
never been returned to the general
land Office. and are now
BARRED by LAPSE OF TIME.
The original value of these certifi,,
Gates this board was not required
either To investigate or express al
opinion upon. The words of the stat
ate creating the board and defining
thi. part of its labors says: And salu
board shall further Investigate the MS
tory of the filing uf the John Gibson
certificates; also the proposed surreh,
der of the same To the generai lhnu
office, and to advise and direct such
course IA may be deemed advisable IN
relation thereto.n We give the facts in
relation To the original filing as we una
them by the inspection OF the papers
in the general land Office. III VIII pe
seen that the deputy-surveyor nets ps
an agent of the parties holding the
certificates, and also that surveys were
made when no certificates were III
possession of the surveyor tn Warrant
Them. We find that the filing of sol
of the iSobn Gibson certificates, AS ap,
penrs from the records Of the general
} land office, is not altogether regular OF
in strict compliance with the require
ments of law.
WE FIND NO FRAUD
In the files made under the iifty-cent
. law over the Gibson certificates III
Yoakum aud Terry counties, nor III
f the proposed surrender of said cerlitl'
Gates To the general land Office Pre-
dicaling our opinion, however, on eX'
. listing statutory law, we are oil th'
opinion that patents cannot issue upon
, the alternate sections of land set apart
, for The benefit of the public schoo
fund by virtue of the Gibson certlii
cate. b lieving that prolonged and
extensive litigation may be avoided
and the best Interests of the state and
the public school fund subserved
we advise and recommend tina;
the partieS who have filed over the
Gibson certificates in Hoakum ano
i Terry counties under the fiIty-cen'
: act he permitted. 10y compliance WIN
tn. reguirpn, n s nf said act TO perfect
their files on the odd sections of lanc
: covered by said files. and that patents
lesue for the same, aud that the re
+ manning even sections OF SAID surveys
, shall vest in and constitute part 81
!. the public school fund. We Respect
j fully submit the ahnve ~
, iudictous set, cement of existing trouble
growing out of the Gibson certificates
and the files made over the same
p under the iifty-ceut law. In view o
# the fact that we have been restricted
in our investigation of the history o
|, the filing OF the John Gibson certiil
u cafes and the proposed surrender
the same 10 the general land Office
and in view of the further fact that tn
Il validity or invalidity OF said ceItifi
j cafes cannnt he known or determin
ed by us without such investigation
!, IL would he AN unwarrauted assump
: lion of authority To attempt TO advis
. and direct such IA course a. may b
4. deemed advisable in relation thereto
;, cxoept Oh the basis we have recon-
% mended, our suggestions in relation
= Thereto being made on the hypothesis
=. that the iifty-ccnt law Is constitutions
. and that files made In pursuance of IL
4 provisions are valid and can he main
!. tained. 1t is the opinion of this boar
d tina, If the conflicting interests of TIL
a state and the claimants of the Gibsol
certificates, rs TO their file
X under the fifty cent nc,
: cannot be adjusted on til
= basis we have suggested, then the dill
q ferences should be relocated for fina
~ adjudication to the tribunals of th
a state.
y In pursuance of the duty prescribe
n for us in relation to
If HE HASKELL COUNTY SCHOOL LANDs
e. which duty is defined in the followin
= wOrds: And said board shall furthe
Is investigate the appraisement of In
school Lands situated in Haske
IL G unity and their approval by the con
Y missioner OF the general land Office
- and the manner in which the survey,
A. Of said county was notified of su h al
N proval, and The manner in which tn
r. be-. ks of the surveyor of raid count
~ are reported 10 haze been opened u
Ii. city of Austin for the purpose
,rn,;ttiuy u,rlips to file on the sAm'