The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-12-10

most conclusive to the executive mind.
! Be it remembered, that he stood convinc-
ed before Gass. Baines 81 Sevink with one
voice said it would be idle to attempt to
enforce the law, and now is it to be boldly
assumed that the facts convincing him,
supplemented by the united evidence of
those gentlemen, would not convince any
reasonable legislature.
Those gentlemen have spent weeks
mingling with all sorts of peo-
pie. officers and all, and if in
one thing more than another they are
agreed it is upon that point. But am not to
be understood in anything that may have
said or anything that 1 may say as eva
! ding the least responsibility. Ihave acted
! as if so far as officers here are concerned,
the whole responsibility of the enforce
ment OF the land enclosure act fell first
! upon the encouragement In May and
June last, l thought had a clue to parti-
ally enforcing the act by the successful
| prosecution of some civil and criminal
causes and had two or three conferences
with the governor on the subject, which re-
! suited III his stating that he would have a
detail made from the military force to act
as detective to hunt up tle facts upon
which, with the possible hope of success,
! prosecutions might be begun. And at the
request OF tde djutant-general l pre-
/ pared instructions and they were delivered
to him to be put in the hands of that mill
! itarv detail
! Now it seems that in July last he, the
| governor, thinks it indispensable to hunt
up evidence by very extraordinary meth
DDS but now criticises and whines because
before getting that evidence, and without
evidence prosecutions have not been COM
menced. And further, that seeing the
attorneys general daily. he has not seen fit
to suggest any additional action of the
matter of a military detail, it was determ-
ined to send out several agents, the main
| duty of whom, in the very nature of things
was to develop the facts necessary to carry
into effect the Enclosure act. The effect
Of the enforcement OF that act being the
leasing of the school land. This suspend
ed the military detail and as known, it was
afterwards determined to put in the field
| agents who were finally sent out and who
have return ID, with the message that the
said enclosure act cannot be enforced. In
addition. have had no incOnSiderable
CORES pondence with the officers, most of
the prosecuting attorneys in the districts
where the law Is being most violated, and
prosecutions have been set on foot which
have so far as there has been any report
resulted unfavorably to the state. While
the commissioners were out the attorney
general spoke to the governor about the
employment of a lawyer in whose ability
and integrity he had the utmost conf
dence, to represent the public welfare
ia the matter of prosecuting civil and
criminal suits, in order that the commits
sioner or commissioners might detail their
facts to him, but to that lawyer, the gov
ernOr objected. AS you know I had not a
dollar with which to employ additional
counsel, and 1 found none willing to I'M
dertake case for the contingent compen-
sation provided in the land enclosure act,
and [ am sure that as a matter of mere
professional employment would not have
| found any. The means of employing
counsel was in the hands of the governor,
but the responsibility of it's not being
done, it appears, is on the attorneygen-
eral. About the land enclosure act itself,
l will say word or two in general and in
special way. So far as it relates to the
Office the act is exceedingly vague and I'M
certain. So much so that Judge Wilson,
in his book of criminal forms, has pre-
/ pared no form of Indictment or informa-
ton under its provisions, and as reason
| therefor, he stated to the attorney-ge general.
who conferred with him on the subject,
that he doubted if an Indictment or infor-
nation could be prepared and successfully
prosecuted under the act. 1t will be no
ticed that it is the only penal law that he
has omitted from his work. For Obvious
reasons have avoided making this pub
lie before, and hesitate to do it even now
The act seems to contemplate two differ
ent offenses, one is for fencing, the other
is for line riding. The first is defined in
the first section and the other is III the
sixth section of the act
1t is only in connection with the first Of
fence that an attempt is made to impost
any duties whatever on the attorney gen
erals Office beyond it's general duties, as
in the case of any other laws. Any i'm
preston to the contrary, notwithstanding
the governors reply to the board might
designedly or otherwise make 1t is here
provided as follows: Where persons or
corporations have unlawfully fenced land
belonging to the state, or public schools
university or asylum lands it shall be the
duty of the attorney general, either i'll
person or by proxy, to institute proceed
ings in the name of the state, against any
person or corporation so unlawfully en-
closing said lands, and the expenses. in
Il OuAAOO LII SOuAAoOA w P1OoCSuCS
such cases shall be deducted from the fine
or fines collected from persons or corpo
rations violating the provisions of this
act, the balance to be paid to the fund tC
which it belongs Now this prescribes
the duties of the attorney general and al
of them in the premises, and so fan
as the attorney generals prox
les are concerned, if he
has any they are appointed by the COVER
nor, without consultation with the attorney
general, and the others are elected by the
people or appointed by him. If private
counsel are to be employed, as has beer
seen, the only means of paying them is
oat OF the fines after the conviction OF ths
offender and the collection of the fine
bat the governor has said that the offender
cannot be convicted and therefore no fine
can be collected. If he knows this. it is
. likely the bar of the state would also know
il. The act fixes the punishment for its
violation by fencing at fine CT not less
than 80 cents and not more than 81 pei
acre for each acre enclosed. or by fine and
Imprisonment in the jail for not over two
, years. 1t is. provided That half of ali the
tines collected under this act shall be paid
to the person informing on the violator
, but. as has also been seen it is provided