The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1885-03-06
The Law and the Facts Apply
ing to This Now Very
1--we Issue.
some thing About Capt. swisheI
aud the Day Land and
Cattle Company.
The Veterans case In Equity
BEFORE the Great Chancellor
The Public.


AUSTIN, March :, 1895.
Special Correspondence.
The present constitution, rs stated
in the editorial of the EXAMINER aud
the communication of X in the Day.
did set apart one-half of the public
domain for the payment of the public
debt, but no action has ever been
taken to carry out this provision of
the constitution. and no one ever sIis-
pected for an instant that the location
of land certificates was to be suspend
ed until such convenient season as
some future Legislature might see ii
to provide tor setting apart the par
ticular half to he appropriated.
February 10, 1879, Is stated In the
ENAMINER's editorial and the Days
correspondence, Greer county was set
apart one-half for the paym,n of the
public debt, and the other hai. tor the
free school fund, but no one ever pre-
sumed for an instant that one legisla-
tive action could not be repealed by a
ty remained public domain, not segre-
gated in any manner from ii by pat
ent, survey or location; reserved, IL is
true. but still public domain.
March 18th, 1881. the Legislature
granted veteran certificates and pro-
yided in sec. /, p. 50, for their issue,
their location AS headlights ON any
public domain of Texas, while sec
ton of the same act repeats certain
act passed at the previous Legislature,
"and all other laws in conflict with the
provisions of this act" The act of
the preceding legislature, cited by y.
was in conflict with the provisions If
this act, but ample provision is here
made for its repeal. Now. to give
emphasis to its action, the legislature
passed another act at the same time
issuing other certificates which they
did not wish to give the
privilege of location in Greer.
These were the confederate
certificates, and this bill, instead of
providing that they be located on
"any public domain said "amy public
domain of Texas not reserved by law
from location" tSee page 1879 OF laws
of 1881. Greer county was a public
donlain;but was reserved by law from
location; hence, no one ever maintain
ed that confederates could be located
there while the act creating the yeter-
ans repealed the reserving law and
left Greer open to location by them.
So much for the law; now for the
facts. Col. John NJ. Swisher is an old
veteran. Upon the passage of the vet
eran bill he conceived the idea of
locating these certificates in Greer
county and conferred upon the subject
with Roberts, then governor, Coke.
Hancock and many. other of our
most prominent lawyers and states
men. While some of these gentlemen
expressed the conviction that it might
be a straining of the law to issue ,Iat-
ents on the land all agreed that it was
the only chance to save Greer to
Texas, and strongly urged Col.
Swisher to press toward his work.
Col. Swisher then began to dig up
evidence of Texas claims 10 Greer
county,went to Washington, dived in
to the records and brought to light
the only evidence upon which Texas 4
can to-day base her claims. Satisfied !
that Texas claims were good and be-
lieying that the national government
was the only thing he would ever
have to fight, he issued a circular 10
Texas veterans asking them TO place
their 4 rtiicates in his hands for loca-
ton M Greer county. Certificate.
were then only worth song, and to
prevent veterans from sacrificing
them he succeeded in making arrange.
nents to get advances on the .certif-
Gates for their full market value III
owners would locate in Greer. Col
owishcr charged one-half for location.
laying all expenses. Up 10 July 2ith,
1888. he had secured for
Id veterans l54 patents Among
hese were patents for Major Geo. b.
crath, Mrs. Galley and others in Me-
.ennau courty. II was not until the
ucceeding November or December
hat Maddox Bros. ~ Anderson
ought single certificate. When in
PRED by the evidence OF Texas
laims to the county brought TO light
y Col. Swisher. they went ON the
larket aud run che price of certid-
ltes from $500 up to $500. thus civ
" veterans who chose to sell fine
rice for their certificates. and TO
rose wishing To locate rich and
oweriul ally IN the fight which mn ST
made against the United state. for
lie county. As the EXAMINER has
iretore stated, cancel these D itents
id Greer is lcfr in The possession OF
e general government, aud destroy
G testimony brought to light by
Dl, oWishcr aud il leaves Texns
lthoui any Thing 10 base her claim,
'on. In getting up his testimony,
d. Swishtr paid his own expense
2 IL n poor ilau, and 10 secure money
prlgaged his homc, aud the larue
mber OF patents shown in his name
Sc from his lGcatiyc interest in To-
hons made for veterans themselves.
ISL of this land is probably ca en- up
the expenses OF location. aud in
ad Of the bloated Spectator 60,
Usher is made to be BY \. he Is TO-
q poor man, with all be has on
IN staked with his brother veterans
Greer county, and since no has
rne the brunt Of the fight with the !
ieral government for Greer county.
osks hard for him, at Tho very mo-