Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-04-18

wise to force back the ponderous dris,s
oenecteu and driven by the cold storms
~ winter. 1t Is true there are two or
snree applications for large leases Of
grazng lands In the Panhandle In,
.ney are by and In the interest of larSe
corporations composed chiefly of IN.
Iopean capitalists whose money il
worth at home only and . per cent
per annum. Besides | would have
you bear in mind my proposition i
mat the smaller stockmen came,
AFFORD 10 lease your eight and twenty.
cent lands. These large cornoroiio9.
and cattlemen who can lease lanJs snT
unelr herus To grow and increase upon
aIe those VINO Will make money, while
ne small man who cannot lease more
Vhau enough grass TO sustain his pres
eul niue herd, and is forced To sell his
increase before it is grown and nj :,
great sacrifice. have already heard
some OF these large cattle companies
say that this resolution of the board is
me best thing that could he done In
lheir interest. The result of enforcing
TINS resolution, gentlemen, will be To-
lorce the small men to either sell To
these large owners or TO pay their pas =
lurage until their own herds grow to
the capacity of their ranges.
III Is fact that the tone of legisla.
lion during the special session Of Jam
uary last and the action of the land
board, since. both of which are con-
stfued to indicate strong
prejudice against our catll,
ana moneyed interests have, in NV
Judgment, done more to deter capita
from Texas than did all the fenc,
cutting in the state.
irior to January last Eastern capt.
tai was seeking place among the
ranchmen of North and West Texas.
both in Investments in stocks and at
easy interest. Since then money Is
scarce, capitalists are timid and herds
That We're not for sale when cattle
found ready market at $35 0O are
now offered at $3.50 per head.
But L have already occupied more
time than | had intended, and will
conclude by saying that my applica-
tons before you aggregate about 75O,-
600 acres, ut an annual rental OF about
SS5, 0OO.C0, which amount, If permitted,
L am authorized and prepared 20 pay
into the treasury to-day. If, however.
the board see fit to reject these appli-
cations, we shall, without charging
you with any unfairness, proceed as
we believe the law will Justify us In
the premises.
TEMPLE HOUSTON OF NIoBEETIE.
Gentleman OF the Board:
Facing such an array of legal author.
ity it might seem presumptueus in me
to offer you any reasons why / think
you have transcribed the powers
vested In You by the act creating you,
when you refuse to entertain four.cent
bids. Yet 1t may be possible that com.
pairing you TO corporation, the act
creating you to its charter, that the
doctrine of ultra wires would apply to
your most extraordinary action.
Where does your authority arise? The
law says four cents, you say eight
cents shall be the minimum. Are YOU
a legislature, or did the legislature del.
egate any of its powers TO you. admit
ting even that such is a subject of dele
CATION?
Under section of the act of 1888 YOU
may regulate the procedure in sale aud
lease, but the law has fixed the
price and rental. Section s is general
in defining your power; section l6 in
stating the minimum of the rental is
special, and would by construction
limit and control In its operation the
section. No such power az
you arbitrarily exercise IL expressly
given, nor can ii arise by Implication,
let the language and intent of the act
betortured as 1t may. Your figures
are excessive. Corporations are jeal-
Gus OF their interests and watch with
sleepless, and sometimes oppressive,
eyes the sources of their revenue, aud
yet the Houston & Texas Central rail
way, the Texas & New Orleans rail
way and the New York d Texas Land
lease the lands alternating
with your eight-cent lands for five
cents. Is it true that the state, while
she limits the fare her railroads can
her citizens than are those same roads?
Your action works terrible hard
ship on men who have bought alter
nate sections from private parties be-
lieving innocently from the express
language of the law that they could
lease at four cents. My friend from
Donley, Judge Brown, (who showed so
clearly the relative expenses of cattle
business rs contrasted with your Octo-
Der ruling) and myself together repre-
sent 5000 sections, for which we offer
you the rental, amounting to 81 $50 900.
Gov. LuLbock-Hold on, you have a
cipher too many.
HoustOn-You are very fastidious
about figures, gentlemen.
Gov. Lubbock-But let me make
The calculation-herei 1t is, am right.
Honston-Well, Governor, just null
Iiply that by ten; you know we want
It for ten years. Laughter But in
all seriousness, gentlemen, we here
tender the school fund Sl2S,000. We
tender In spirit of rectltude and
earnestness. 1t matters not whether
you reject 1t or accept II, we have
rendered 1t. / am not defending the
justice or wisdom of this law-I am no
of it--but IL is the law, 20 let
1t be followed; that is all we want,
simply this and nothing more. And
now In closing / have only this to say:
You are the creatures Of the law and
you are put here to enforce II. You
are doubtless doing what you think
best for the interests of the whole
state of Texas. You are actuated
by the purest motives. But by
what authority do you give precedence
Of cold question of expediency over
the plain letter and spirit of the laws
Of Texas? Gentlemen, do not think
hat we are destitute OF remedy. No
power can compel you to sign lease
DR. receive this money. But we have
complied with the law; we have done
al that we could do, and II measures
IRE inaugurated against us for the use
md Enclosure OF the lands included In
our applications we shall plead our
action here to day in defense and We
10 not fear the result.