The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-11-19

Jhe LANDS Included WlCnln SAID reSer- |
walton, but the right to pre-empt, or
homestead the lands, was not abro-
gated by the act. By an act ap-
proved January %, 1883, so much Of
the act of July IL, 1879. as authorized
the sale Of the lands, was repealed,
and at the same time the reservation
was continued in force. Hence it is,
that none of these lands have been |
subject to location with certificates |
since July IA, 1879. Subsequent to |
the reservation of these lands, laws |
have been passed by the legislature, |
authorizing and requiring the issuance
Of veteran and other certificates,
and providing that said GER
tificates might be located on any
of the vacant public lands OF the
state"
The holders of such certificates nat
urally presumed that they could be
located within the reserve, and many
of them have been so located.
The commissioner of the land Office,
has, however, refused to issue on such
locations, holding that the law which
reserved them had never been repeal
ed. And even Ii the subsequent laws
which authorized the location of Ger
tain certificates on "any of the vacant
public lands of the state" could be
construed inferentially to authorize
such location, such law would be i'm
perative, until the legislature, by dis
rect terms, restored such reserved
lands to the vac nt public domain. In
this view Of the question the commits
sioner is supported by the decision of
the supreme court, 9th Tex. r.
State VS.. Delesdernier) wherein it is
held that Glands having once been
reserved from TIE mass of public do
main, from that moment lose the
character of vacant domain, and can
not regain that character except by
direct and express terms of the legls-
lature." The attorney-general has also
recently given his opinion of the case,
which conforms to the views of Conn
missioner Walsh and the de-
cisions of the courts in
such cases, hence it appears that all
locations of certificates on these re-
served lands since July Ia, 1879, are
void. While it is true that many OF
the locations were made with a
knowledge of the fact that patents
could not issue, still the locacors
thought that the commissioner might
be wrong in his view of the case, or
that the legislature would validate
the location. The legislature,
however, refused to do so. In the
meantime there has never been any
reservation of the lands against pre-
emption and homestead settlers, and
they are constantly applying for sur
veys and settling on these lands.
Commissioner Walsh has recovered
sufficiently from his attack of dengue
to be able to be at his office a short
time yesterday. He had severe spell
of The fever.
THE STATE LAND BOARD.
Since last meeting of the board,
November 8, there have been about
eighty applications to purchase lands.
DEPARTMENT OF EDUCATION.
Yesterday Hon. Mr.. Baker sent out
the following letter. which speaks for
itself:
AUSTIN, Nov. II, 1885.
Hon. John Z. Crawford, County Judge, Robert,
son County:
DEAR SIR Referring to copy OF
opinion of the state board of education,
in the matter of the appeal of @. +.
Cohran from your ruling, this day
handed you, 1 deem it my duty to in
form you that said opinion is not
concurred in by me, and that
in my future rulings on the
points therein discussed, 1 shall not
hold it binding on me- for observance.
The opinion may occur to you as
"dicta," in this case, since it does not
seem. 60 decide any question on which
We appear was taken. --
do not mean to volunteer advice
but as the law makes it my duty to
advise with and instruct subordinate
school officers, 1 am impelled to In
struct you that, in other cases the
opinion will not constitute the law
for me. To follow said opinion as q
rule would wreck the school system
of Texas, and / shall treat it as rule
only in cases appealed to the state
board at education, and decided by
that body. Respectfully,
3. M. BAKER,
Sup't Public Instruction.
1t was ordered by majority of the
board of education, that the county
judge of Robertson county treat the Ger
tificste held by G. HI. Cohron, teacher
as a contract with the trustees as
valid until revoked-approving al
the accounts and vouchers, and if he
or others have charges to prefer
against said teacher, they must bt
presented to the board of trustees OF
the school, to be tried in the commu,
| nifty and by the people cognizant Of
the facts. The secretary of the board
of education will furnish the county
judge of Robertson county, and q
Il. Cohron each with copy of this
ruling.
The above ruling was signed by
Governor Ireland and Comptroller
Swain.
DEAF AND DUMB INSTITUTE.
1t was currently spoken of in thu
city yesterday, that a mild form OF
measles, which yields readily to proper
treatment, existed at the deaf ani
dumb institute. No deaths reported
THE UNIVERSITY OF TEXAS.
The following new students regis
terSd yesterday, making 1872 enrolled
to date: Lee Peeler, of Austin; Geo
II. Black, of Mineola; l.. p. Harde-
man, of Morgan, and Robt. w. Gull
berson, of Jefferson, Texas, son OF
Congressman Culberson.
Professor George B. Halsted, of the
state university, will lecture in the
university building, next Friday even
Ing, November 20. at s o'clock p. m
DR.. Haisted's subject will be: "Tht
Prevention of Insanity"
| STATE DEPARTMENT.
The following charters were filed
yesterday:
! San Antonio Light Publishing com.
pany; capital stock, $4,000. Officers
| A. w. Clifford, president; w. l.. Win
ter, vice-presldent; 7. b. johnson
secretary and treasurer. This corpor.
alton shall last for twenty years.
Parker County Fair association; cap
ital stock, $4,000. Principal office
Weatherford. Directors: T. D. Lew
| is, l. N. Roach, b. L. RIchey, R. W.
Kendall, II. M. Kidwell, r. II. Foot
Jno. r. Mackenzie. This corporation
shall exist for fifty years.