The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1885-04-21


To all Whom These Presents MAY Come
WHEREAS, The regular session o
the Nineteenth legislature, which as
sombled in the city of Austin OH tn,
thirteenth day of January aud adj
iournod on the thirty-frst day o
March, A. ID. 1885, passed S. III. Bs
Nos. 8, - and 40, IAN act to provid,
for the leasing aud sale of the land
heretofore or that may hereafter b,
surveyed and set apart for the bencii
of the Common Schools, University
the Lunatic, Bliud, Deaf and Dumb
and Orphan asylum funds, in organ
lied and unorganized counties, an,
iog the sale of vacant tracts of les
than GAO acres in the organized couu
tics" and
WHEsEAs, The said act was pre-
sented to me for my approval OH til,
said thirty-tlrst day of March. the
same day of the adjournment of tn,
legislature, which precluded my re.
turn of the same to the house in
which il originated, with my objcc-
lions thereto, and
WHEREAS, After maturcly consid.
cring said act, am compelled from q
sense of public duty to withhold my
approval of the same, and having
this day filed in the Office of the sec.
rotary of state, as required by the
Constitution, said act, with my oh.
jGctiOns thereto:
Now, therefore, |, John Ireland,
governor of Texas, do hereby an.
nouncc, publish and proclaim my dis
approval of said act for the reasons
aforesaid aud set forth as follows,
to-wit:
My objections to the bill begin NTH
its caption. There is no connection
between the school, university and
asylum lands, aud the public
lands situated In organized
counties. The one belongs TO the
state proper, and the others to the in
siitu,ions TO which they have been
dedicated. The proceeds OF one class
90 TO support the institutions named.
and those of the other 90 into the
treasury for general revenue pur-
poses. In the one case the sale il
provided for by the constitution; in
the other, the legislature is not re-
quircd by the constitution to do any
llllllEs IL ItlulH lllul lllt blll. w
its caption and title, has two distinct
objects, and therefore, violates see
ton 30, article 3, of the constitution.
The third section of this bill allows
any person or corporation to lease
any amount he or it may desire, at
five cents per acre. II is not so soon
to be forgotten what the country eX-
perionced during the last two years
in turmoil, strife and ~ the sacritic of
life in some Instances, caused by per-
mittiug vast areas of our territory to
fall u'der one management.
These evils, while deplorable, were
slight compared TO the seeds of decay
aud in ury they engcndered in the
way of our material advancement aud
prosperity, prd the peace and pro-
grcss of the state. By the provisions
of this bill whole counties may, aud
no doubt would, lift should become n
law, he owned and controlled for the
term of years named by one person in
many instances, or by some aggrcga-
ton of capital and persons. Under
the former laws and policy vast re-
gions have fallen into the same hands,
aud to-day the great body of people
of this state are not only debarrrd the
right of free transit or passage
through ncighboring states aud terri
tories, but those holding tcnuros I'M
der this state in the northwest are
threatening the interior and south
with violence should they attempt to
pass or drive their stock through
that country ON their way to distant
markets. BY no act of mine will
ever sanction the acquisition of these
vast tracts of land by one manage
mcnt. II is not a correct public policy
nor is it justice to the great mass OF
our citizens.
by the fourth section OF the bill
the Encouragement is required to
bring suit against all persons using
these lands without authority, The
attorney general cannot 90 TO the
section OF the state where the suits
would have to be brought, aud attend
to such litigation. II the suits SHOULD
he filed by his authority, some onI
else would have to attend to them
and the only result would be, tho
Legislature would be called upon I,
nay enormous bills of costs and attor
neys fees, without any corresponding
beneficial advantages. The distric
and county attorneys should have
been charged with conducting all lit
igation of this character in their re
spective equities, and, If any donb
existed as to their properly aud faith
fully performing such duties, heaV!
pcualtics should have been attached
ms consequence Of their neglect o
failure.
The eighth section provides for
declaration of forfeiture without an.
judicial finding. II PROV dies for ~
leasing, but makes no adequate pro
vision for getting the foru.cr Jesse
out of possession. The supposed for
fixture might be disputed, and to I'M
dcItake TO eject him without a hear
ing in the civil courts would be
violation of the nineteenth section o
the bill of rights.
Bv the tenth section, any one pun
chasing a tract of land in an organize
. county OF u prescribed size, may ren
ar lease four sections out Of any othe
lease. Why conilue this right I
countics of certain sizeI Nor is tn
policy of allowing such purchaser
lease over some other lessee a goo
one. II does not comport with otht
parts of this bill, MS will be shown
Under the provisions of this bill
district Judge is authorized
issue writ of possession, and IL
constable or sheriff is to execute
iorthw It'll. This means that on pr
scntntion of certificate from Il
commissioner of the general Ian
Office TO the district judge, the less'
shall-on this ex parte paper, witho'
trial or n chance 10 be hcard-be q
rested by the officer and taken oil Il
land. no such authority has be,
delegated by our constitution TO al
triCt judge, and both nc anu inc hO o, ps
nnsscrs. and yiolators of more thu
one provision of the constitution
By the eleventh section all Lane
oxcept such MS have timber suiial