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

mons witness. nor as matter of law
can he supercede the county or district
attorney in the conduct of the cases, as
| the supreme court has decided.
! The act makes penal the enclosure of
public domain, university and asylum
lands, but in his proclamation, converting
the legislature in extra session. it is to be
noted that the governor makes no men
| ton whatever, of anything. but the school
land. l might say further of the act that
it comes very near putting testimony in
these sparcely settled counties out of the
reach of any one in either a civil or Grim
inal case, by making every person, owner,
manager or employee on the ranch, guilty
of violation of the act. and of course,
subject to punishment. Now. it may be
asked where is the evidence to come from
to support a prosecution? No one
subject to prosecution. himself
could be made to testify in a sort
of case. The law makes fence cutting
one Offense. and line riding another. but
suppose it to be as it often is.any mongrel
act, partly fencing, and partly line riding,
then what are you going to do: It is to
be remembered that for fencing, there is
one punishment, and for line riding, an
other. You cans mix neither of
the offenses nor the punishment
to make complete crime
For making line riding penal it may
be further said there is no sanction in the
proclamation converting the legislature in
extra session, or in any message to it
from the governor.
Now, think it probable that if I have
reasonable grounds to conclude, after care
fully reading the printed reports of the
commissioners. that civil suits can be
maintained, 1 shall bring suits in the
| federal courts against n0n-residents and
foreign corporations, and against resi-
dent defendants when they live in the in
terror. But this will be done only when
am convinced that there is accredible evil
dence to sustain it.
The aim. in part of the governors let
ter. was to create, and it was calculated to
create the impression that the enclosure
act charged the encouragement with a
specific duty, in connection with certain
prosecutions set on foot by General Nc
Culloch, in Preside county,'against some
| timber thieves, of which nothing was
heard at the capitol. unless by the gov
ernor, until it was disposed of, that is, he
says, the only attempt to enforce the en-
closure act and that it was made without
aid from the capitol These prosecutions
were begun under an act, passed not in
1884, but under one passed thirty years
ago, and so far as the land Enclosure act
goes, stealing timber is perfectly lawful
thing to do The only person at the
capitol charged with any duty, if any one
was in connection with those suits, was
the person whose duty it is to cause the
laws to be faithfully executed.
In conclusion [ have to say that the
majority of the board, the comptroller,
the commissioner of the general land
Office, have laid before the governor the
only permissible conclusions from the re-
ports and examination of the commits
siOners. They have recommended moth
ing. JOHN D. TEMPLEToN.
| At the conclusion of the article there was
| quite spirited war of words between
Comptroller Swain and Treasurer Lub-
| book. in which the latter was accused of
lodging questions before the board, and
making speeches for the ears of the peo-
pie, which was vehemently denied, the
treasurer saying "he never lodged any
thing" You have been lodging though.
and if there is a man in the world who
talks for the ears eff the people, it is
Colonel Swain. This board has been
lodging questions, and if it was put on
trial before the people to-day, they would
condemn it as set of ninnies, and | as
one of them"
The board adjourned until 10 o'clock
Monday.
1t was announced yesterday that the
state land board would hold an important
meeting this morning.
Land Commissioner Walsh returned
yesterday from attending court at Pitts
burg, Texas.
| 1@o41 IL, ~ !,
the following members: Comptroller
Swain, Attorney General Templeton and
Land Commissioner Walsh. A press OF
official business prevented Treasurer Lub
book from attending.
The board, after some discussion, an.
nounced that hereafter, in the sale OF
Dis, should it appear afterwards that
they are watered, the sales shall be can
celled.
The board then rejected two applica.
tions to purchase; received from Rec
River county, because the maps show the
lands to have permanent water upon
them.
An application from Val Verde county
was rejected for the same reason.
In the case of Mrs. Pierce, of Dallas
who wishes transfers of lands made by
|
or the first payments refunded, the boar
refused to do either, as her husband had
obtained the lands by forgery and fraud
An application to purchase from
Archer county was rejected.
In this case, it seems a cowboy, last
year, applied for and obtained 6
section of school land as al
actual settler. He fully complied with tbs
law, making the first payment and putting
up improvements, but afterwards aban
doned them. Now another actual settler
wants tle land, but as stated, his applca
ton was rejected because the cowb. y in
advertently omitted TO carry Of with him
well he had dug, thereby leaving the
land with permanent water on it, and suci
land is not for sale.
The attorney general stated to the board
that to-day he would offer a resolution re
curing all county surveyors to make re
ports to the secretary Of the land board
on each Monday, showing the number OF
applications to purchase, received during
the preceding week, and describing ths
same in his report. The resolution will
also require applicants to forward Their
papers to the board within certain time
The board then adjourned until 1850