The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-04-20
| AFFAIRS AT AUSTIN.
Abstracts from tho Daily Department
Routine Work.
Tho Land Board II Being Brought to
the Scratch.
Commissioner Walsh Renders . Very
Important Decision
And One that May be Tested by tho
Courts.
The Dallas Gambling Cases Argued
aud Submitted.
have been Ordered After Ruus
nels County Fence Cutters.
0ther Ifsms fr0m the Slate Canlfal.
The Land Board " Being Brought TO
the Scratch.
Commissioner Walsh Renders . Very
Important Decision
And One that May be Tested by tho
Courts.
The Dallas Gambling Cases Argued
aud Submitie
Rangers have been Ordered After Ruus
nels Comfy Fence Cutters.
Oiher Items from the State Capital.

AUSTIN, April l9.-[special.l l-Rsvsnue
paid in to- day, $l7 100.
Maverick county has issued $4,000 Of
court-house bonds, which will ne purchased
by Bosque county, the state having no
funds.
CHARTERS filed: Bolton Ioe company. cap
ital stock $4,000; Marlin Bull ing and
Loan association, capital STOCK 80 900;
Brenhsm Ice company, capital stock $SO.:
| 600, Home for the insane and treatment OF
nervous diseases, Galveston, Texas.
| Bslado, Mason and Whitney cent Ia ap.
plications to-day for the summer normal
| schools.
Maddox Bros. & Anderson rendered the
land board to-day for the following parties
the amounts named for the lesse OF lands.
at 4 and 5 cents per scr': w. r. Herring,
2S6 sections In LipsromD b county. SO 52i; y.
| Is. York, 104 sections IN Lipecomb county,
| 81, ,G62; A II. Rose it9 octions, In Hsrde-
man county, So s.4; h. Hulen, 257 sections,
| in Cattle. Cnilders nad Hsrdeman counties,
| 90 $40, H. V. Rowe, 40 sections in Collngi-
worth, Wheeler and Gray cous,ie,. S3O79.
Temple Houston rendered the I lowing:
For H. Uresswell. 29) sections IL Lipscomb,
Hemphill, Roberts and Oshiltres counties.
| SIC, ,ll6; A. B. Ssnborn, 100 sections In Pot.
ter county, $3.50. He sl,o rendered for
eleven applicants, $1,000 AZ purchase
agents in the city will tender money Mon
| day, and is Is evident the legality OF the no.
lion OF the land board in INCREASING the
| minimum price OF lsnds 10 10 be tested in
the courts OF this country.
| A detachment left here to-day to cup
press the fence cutting troubles In Runnells
county.
Work, which has been suspended on the
capitol for ten Jays will be resumed NJ jn-
| day, eight car loads OF cement having AZ.
rived to-day.
Ths collector Of Harris county paid to-
fhe governor to-day offered $500 reward
for persons who pied and injured the Eve
ming Dispatch Office In this city afew nights
Rock wall county sent up $5 OoO to be In
vested by the comptroller, and he did 90,
buying Red River county lands.
The following letter from the commis-
sioner OF the general land Office fully ex-
Hon. John d. Tsmpleton, Attorney. General.
sIR.-I have carefully examined the let.
ter OF Mr.. Cassius Carter, referred to me by
you for the ruling OF this office, From his
letter SS made learn rrit.su asss "A entry hls1 on
vacant public land, March stn, 1889;
| that on March 10Th, 1884. "B." fiuding that
no survey had been recorded by virtue Of
the fiis OF "a" hled upon the some land,
and that upon the 29th OF March, 1884. the
no: "'G survey :sns they ,Ss hs s.a
been made BY qualified deputy on Fsbru.
ary oath, 1854, and that % under article
,8l2 Of the statutes his deputy had three
months in which to return his field notes
or approval and record oy him, the survey
S..,, or Of tn. W.. opinion valid sS.. Il. .a1. ann
veyor erred in this action. Article 3.902
Of the Revised Statutes says In clear, IN.
mistska language: "All lands located
by entry or application shall be surveyed
In twelve months from date OF entry, or
the same shall be null and void" II the
surveyor is necessary 10 perfect them, no
survey is made until such approval and
record, and this act OF his does not antedste
the twelve months, and no survey has been
made and the entry is void. Article 3S42
does not say that deputy shall
a,v' three III on %0n'hs si, to siS ,fS0' wupEE saE
to his chief, but that his work must be so
reported within three months or he aud his
bondsnen must be held accountable. Ifa
survey be made in April by virtue Of an
entry made In March OF the came year,
article 3sl2 would require the deputy to re.
port the survey to his deputy within three
months. " a survey DO maze ia February,
lsS4, by file or entry made in March, 1888,
the deputy must report IL for record and
approval within the twelve months OF the
date Of entry, a copy OF which (see article
1896 revised statutes) he must have in his
possession. "A's" entry from the state.
ment Of facts received became null and
void March 9Th, 1884, and II he was injured
he cannot expect TO be made whole oy b."
but must look to the surveyor and his
bond for redress. "B" should have the
field notes. Yours respectfully,
w. Q. WALSH, Commissioner.
Tl.A ,,,1t MI nnt Nt,N,u upaA aNah
end rsed to Mr.. Carter as the answer OF the
attorney y-general. The question presented
Is one never decided by the higher courts,
and the letter elici.ing the above reply may
be the cause OF carrying the matter up TO
the supreme court.
The court of appeals to-day affirmed the
Judgment in the Elan case from Dallas,
holding that that evidence tending to raise
the defense upon which il was insisted was
not OF that nature which would have prob.
ably influenced the jury in finding their
verdict.
from Tarrant, which arose out Of the con-
tract OF Slattery with the city OF Fort Worth
and the agreement of Cleveland d Cameron
TO 90 on Slattery's bond, the court held the
parties partners rs between third parties,
and that Cleveland Cameron were liable
as such.
The gambling cases from Dallas were ar
to. lay by q. +. Clint, eeq., tor the State,
and r. e. Cowart, esq., for defendants. 1t
is not probable that q decision will be had
until Judge White is able to sit again. He
is etill confined to his bed from a relapse OF
his attack Of dengue fever.
The commission oi appeals will meet
Tuesday as Mondav is San Jscinto day.
The court Of nppesle affirmed: Cleveland
| ct al. Va. Anderson, fro.n Tarrant; Billiard
ct al. VS.. Waite G, al, from Ellis; Berry VS..
the Sts g, from Collier; Eism We. the State,
from Dallas; Cobb vs. the State, from
Wise.
Reversed aud remanded: Cobb VS.. ruft,
from Wise; Missouri Pacific railway vs..
Cox. from Collin; House We. the state, rom
Gonzales.
Appeal dismissed; Mayer VS.. the State,
from Hays.
Submitted on briefs and ora argument
for both paities: Wilson vs.. he State, rom
Dallas; Kain vs. the State. from Dallas (sour
| cases); Handley vs. the State. from Dallas.
! Oa brief for bnth parties: Short ct al. vs.,
the State, from Bowie.
Certiorari granted; Cal urn vs. the Slate,
from Montgomery.