The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-09-11
DEPARTMENT NOTES.
LAND HOARD pRocEEDINes.


The charter of the Ferris Mode
Diary company, of Fort Worth, cap
ital $1,000, was filed yesterday with
the secretary of state. The incorpo
ratOrs are: Geo. Il Loving, j. A
Ferris and Jerome Harris.
The comptroller deposited S3l,OOC
in the state treasury for account OF
general revenue.
1t appears that in some cases In
which large amounts were due under
previous regime, the amounts were
exhausted by the fees paid to the dis
trlct ATTORNEYS out of other collections.
In one case a district attorney, out of
$4,000 he collected from solvent col
lec!orsr,. mined $4,000 as his commits
Ste. Asprih HESS judgments.
A. Sf,Ni-I GENERALS DEPARTMENT..
Aforementioned Templeton de-
clined to sign petition prepared by
l.. L. Edwards, of Galveston, for quo
warranto proceedings against City
Attorney Stubbs, of that city, the
petition being sworn to by Mayor
Fulton. The grounds of refusal
are:
l. That it was a local controversy,in
which the state at large had no inter-
est, and that such matters should be
left to the decision of the district at
torney, unless it can be shown that he
is corruptly interested in shielding the
usurper of the office.
2. That the. petition showed no
probable cause" as our courts have
decided that the acceptance of a sub
sequent Office ipso facto vacates the
first by implied resignation.
In this case Mr.. Stubs was appoint
ed city attorney before the expiration
of his term as senator of the seven
teenth legislature.
The attorney-general advises that
where, on large body of land. some
$1,000 acres in BraZoria county, 'front.'
ing on the Gulf of Mexico, Galveston
bay, and several bayous, and in the
midst of which lay eight sections of
school land, the enclosure by natural
boundaries being complete except as to |
four miles on the north boundary land |
fence is built on the north boundary, |
thereby completing the enclosure, the
eight sections of school land may be
said to have been "fenced around"
within the meaning of the act of 1884,
and must be leased from the state.
Further, that this case comes within
the spirit if not within the strict letter
VI IllC law.
In an elaborate opinion the attor-
ney general ADVISES the commissioner
of the general land office, in regard to
the Borego grant of AZ 1-5 leagues of
land in Zapata and Webb counties,
that the decree of the district court of
Webb county, rendered in 1871, con-
firming the grant, was nullity, the
Travis county court being the one that
had the jurisdiction. The grant has
since been covered by railroad certif-
Gates recently located, and these loca-
lions will, under this ruling, be recOg-
niZed 10y the land Office.
LAND DEPARTMENT.
The state land board passed resolu-
lions suspending or pOstponing sales
and leases of school, university and
asylum lands, till second Tuesday in
November, except any actual settler
can. at any time, apply for a section
Or two contiguous half sections, on
fling proper papers with the district or
attorney, under the terms and
n the manner of sale to be prescribed
by the board and without being sub
ected to competition. The land solpur-
chased is to be dry land.
The board also decided not to re-
,eive bids at any time for lease of
sections, even on the second
Tuesday in November. hill otherwise
provided by action of the board. This
s in keeping with the views of some
members of the board who have uni
ormly contended that watered sec
ions should be held for public use,
md not sold, leased or enclosed.