The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-11-28
FROM AUSTIN.
GOVERNOR TO THE LAND BOARD
are Found Inadequate--rhe Mill
tary Force to be Ordered Out
III They are Necded--Othcr
News From Austin.

AUSTIN, Nov. 27. = [Special.l - The
land board to-day reported to tho gov
eynor that they had learned from the
commissioners and other sources that
the land enclosure act aud tue act fer
the sale and lease OF educational lands
have baen and are now boing openly
and VIGOROUSLY violated; that scope
OF country in tho western para OF the
State, embracing over 100000 ssuaro
miles, nearly opG-hslf of which in odu.
cationai lard, Ia held by q population,
outside Of % few small toSnV, OF not
exceeding 5000 souls; that %
large majority o! these occupants
ayo there in violation Of laws;
that majority OF tho ownsra Of the
stock ere not residents OF the State
thNt itG tinsher from these lands ~
being cut and sold by these usurpors
in au open and law-defying manner;
that in the uporganizsd aud rparsely
settled counties an appeal 10 the local
civil authorities is q useless wRate Of
time and money; that the attOmpt To
enter aud settls upon these lands, SO
illegally occupied, Is discouraged
both covotly and open,y, 10 such an
exteusthst settlement Ia retarded and
the devslopmentof tkat portion IL our
Stste Is checked.
For these and many other reasons
the board has reached the conclusion
that one OF three alternatives Is pre-
Hented:
First--New laws must DO enacted
Immediately to meet the emergencies;
or,
Eo.a,I G,,,a ,Nla,, ,,,,,s4 lo .y.-sa.4
by wkich the State cons.anulary force
can be useo 10 enforce tho law; or,
VEird--Cho educational laDGs mus
be abandoned 10 the rapaeity of tho
few, and taxation resorfed 10 for the
support OF our free schools.
Comptroller Swain, Com missioner
Walsh aud Attorney General Temple
ton voted for, and Treasurer Lubbock
against the report.
THE GOVERNORS REPLY.
The governor late this siternoOD
prepared the following answer TO the
rsi orr Of the land board, ana 1t will DO
subm tied to-morfOw:
Executive Onice, Nov. Ito the Texas
Land Board:
GENrLEMEN--I an to-day. In re-
ceipt of the resolution passed. by tho
board. From genoral information il
has been apparent isv como Tina that
the act passed at tho extra session In
1854 has and IS being violated, and tho
act In questien wss not psssed as an
amendment 20 the act ot 1888, under
which tue board IL acting, but as q
Peana measure between tho fence cut
tors and pasture holders Still IL
should DO enforced, II Il can be done
l am not prepared to assert or deny
| IN ug la hn
very largo majority OF tho people iu-
clutet within the area named, io-wis
100000 square miles, ara there In viola
ton of Law. / hope IL Will be found 10
be untrue. Nor am pre-
pared 10 ncquiosco either IN
tho first or last OF the prcpo
HItioas presented by the board IA its
conclusions. This set OF tho Lsgls-
lGturo directs tho attorney. * nerai 10
enforce 1t other In person
or by proxy, and although
agents have bo,n employed by the
board 10 20 upon the lands In quos.
ton and examine into the truO sil,in-
tim, not single civil suit has been
BROUGHT or prosecution got on foot, or
other io6sl sieps taken to enforce ~,
except "a CASE undoftaken In Prarldio
county by General McCnlloch, of his
own motion aud without assistance
rom the capital. Uader this eondi-
ton oithingJ | could not say to the
Loslgiasurs, III In session, that sddt-
tlunal laws are necessary, whs.over
my neiiof might be, because / have no
ovioenco oil n failure OF courts nnd
uries 20 do their duty, and I Is wou d
90 tnc answer, and tue conclusive ono
on h-part OF those VINO have opposed
othor Legislation that embraced tho
o.,closure net.
whenever tho authority given In the
no. IN question ~ Invoked aud IL IL
shown % results that tbs ofllcors aud
people oi thai pirt oftho STATE under
discussion Disregard thoir sworn duty
and violao their oa,hs, the exocn-
Eve can ,hen irnthfally tsll the Lesi,-