The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-04-23
PROCLAMATION
By the Governor of Texas.

9 and 20.
. To provide for the leasing and sale of the
lands heretofore, or that may hereafter, be
surveyed and set apart for the benefit of the
7 Common Schools, University, the Lunatic,
2 Blind, Deaf and Dumb, and Orphan AS
YUM funds in organized and unorganlZed
counties, and for the sale OF vacant tracts
OF less than $40 acres III the organized
, counties. And
WHEREAS. The said act was presented to
: me, for my approval, on the sai1 31st day OF
March, the same day of the adjournment OF
the Legislature, which precuded the return
of the same to the House, in which it origina-
ted with my objections thereto. And
whereas, AFTER maturely considering said a
am compelled, from sense OF public duty, to
withhold my approval of the same, and having
this day filed in the office of the secretary of
State, as required by the constitution, said act
John ireland. Governor OF Texas, do hereby
announce, publish and proclaim my disap-
proval ofsaid act, for the easOns aforesaid
and set forth as follOws.owt
My objections to the bill begin with its cap
ton. There is no connection between the
school, University and asylum lands, and the
public lands stu ated in organized counties
The one belongs to the State proper and the
others to the institutions to which they have
go to support the institutions named and those
of the Other go into The treasury for general rev.
enue purposes. In the one case the sale is pro
Vided Tor by the constitution; in the otter the
Legislature is not required by the constitution
to do anything. 1t seems plain that the bill,
by Its caption and title has two distinct objects
and therefore violated section 80, article 3rd of
the cOnStition
The Sd section OF this bill allows any person
or corporation to lease any amount he or 1t
may desire at five cents per acre. 1t is not so
soon to be forgotten what the country expert
enced during the last two years 10 turmoil,
strife, and in the Sacrifices of life in some in
stances, caused by permitting vast areas of our
territory to fall under one management These
evils, while E.! deploFrable, were re slight d
engendered, in the way of our material sd
| Vancement and prosperity; and the peace and
progress of the State. By the provisions of
would, if 1t should become law, be owned and
| controlled for the term of years named, 10y one
gregation of capital and persons. Under the
former laws and policy vast regions have
fallen into the same hands, and to-day the
are ''I not only barred the right Of free
transit or passage through neighboring states
aud territories, but those holding tenpres I'M
| ing the interior and the South with violence,
| should they attempt to pass or drive their
stock through that country on their velir way to
sanction the acquisition of these vast tracts
of land by one management. 1t is not a cor
rect public poll ". nor is it justice to the great
| mass of our citizens.
By the fourth section OF the bill, the Attor-
neJ-GeueTal IS required to bring suit againtS
all persons using these lands without authority
The AttOrney-General cannO go to the section
of the State where these suits would have to be
brought, and attend to such litigation. If the
suits should be filed by this authority, some
one else would have to attend to them. and the
only result o,,, would be the leg,
to pay numerous bills Of costs, and attorneys
fees, without any corresponding beneficial ad- |
vantanges.. The District and County Attor- |
ing all litigation of this character in their re-
Spective counties, and if any doubt existed as |
to their properly and fat faithfully p forming
attached as consequence OF their neglect or |
failure.
of forfeiture, without any judicial finding. |
1t provides for releasing, but makes no ade-
quate provision for getting the former lessee
might be disputed, ard to undertake to eject |
him without hearing in the civil courts would
be In violation of the nineteenth section OF the
bill of rights.
BY the 10th section anyone purchasing
tract of land in an organized county of pre-
scrlbed size, may rent or lease four sections out
OF any other lease: Why contine this right to
of such purchaser to lease over some other
lessee good one. It does not comport with
other b Of t5 @ a a T be h9wn District
Judge is authorized to issue writ of posses
s4n IN ad the GGRsta9 Sher
presentation of certificate from the Commits
sioneI of the General Land Office to the Dis
trict Judge. the lessee shall, On this ex parte
paper, without trial or a chance to be heard
be arrested by the officer and taken off the
land. No such authority has been delegated
both he, and the officer executing his writ,
would be trespaSSerS and violatOrS of more
than one provision of the Constitution.
have timber suitable for shingles or lumber
are placed in the market for sale, now what
quantity OF timber shall section or a fracti N
of section have in order to take it out of the
market? II there be on a whole tract of any
size one acre covered with such timber does it
save the whole tract? What sort OF shingles
lumbAr muSt the land nrOdnpa0 Shall
old mesquite which makes most durable and
valuable fence-posts, or shingles and plank
that is used so extensively for wagons and |
other like vehicles? Will the liveoak, which
furnishes so much tanntn and is so useful flor
ship-buildng and other purposes save this
land from sale?
=Will the post-oak, the hickory, the
pecan, the blackberry, the cottonwood, the
elm. the pine, the cypress, the cedar, render
| the land exempt from sale? How large shall |
it be and who shall determine?
The 18th section confines a purchaser to $40
acres. If it be true that one section was
thought to be so Insignificant that the pur-
chaser might break up some other contract by
leasing over former lessee, why contne him
the great body of these lands are, one section
isnOt enough for a family, and the purchaser
should be permitted to buy from one to four.
Contine the head of family to one section of |
land in that country, when he depends on his |
little stock for great part of his living, and
he is likelyto starye. But don't believe the |
confined to the head of family There are |
thousands of young men who would like to go |
and prepare homes in order that each might |
lit himself out to be the head of family. In |
this respect the law seems unequal and to dis |
crminate. 1t is true that the single man can |
purchase as high as l60 acres. The young man !
starts out and gets his 100 acres, but unless it
has fine water privileges or a valuable mine, |
it is almost worthless in that country. No man |
that expects entirely to be a permanent citizen
or even raise family, would accept such land |
as gift, If he is compelled to live upon it. He
has adjoining him neighbor who may have |
| leased 100000 acres, because that neigh
Dor happens to have the money. He himself |
may have the means to pay for home of two I,
| or more sections: but his government Will not
| allow him the privilege. This is not happy
contemplation for that individual, or cal
culated to inspire patriotic regard, either for
| the laws under which he lives or his native or
adopted State. True, the tenure of the 10000
acre man is not so durable, but he may renew
| when his first term expires,
By the 18th section, the original purchaser
may sell after three years. He may sell to any
one who will go on the land and occupy it.
This vendee may be the head of family, or he
may not. Proof of settlement may be made
by the sub-yendee.
This bill recites an act making It a penal
named without authority, and yet it
| gives to particular parties sixty days, over
other and unoffending citizens in which to de-
liberate and prepare to. purchase. 1t is ad-
mitted that large bodies of these lands
are. now held In defiance of and in di,
yet the bill under consideration gives to such
| trespassers and vfolators of the law prefer
ence over other people in buying and leasing.
do not think it correct public policy to thus
offer premiums to those who defy the author
| ity of the State.
The 18th section provides for one of the
clerks employed by the Commissioner of the
| General Land Office to act as trent agent
but there is no machinery provided to enable
this person to collect rent. Besides tie bill
| provides that the renter shall pay
up or suffer his contract to- be forfeited.
But this agent is to see that no one uses these
| lands without authority. Here again, the
power Is not given him to perform this duty,
but even If it were, 1t is wholly foreign to the
caption and purpose of the bill to require one
| of the clerks to see that no one violates the
| act passed at the extra session, 1884, and re-
cited in this bill.
The 10Th section provides for selling the tim
Der for SIS per acre. Now the lands may have
timber suitable for SHINGLES and lumber but