Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-07-05
much work here in the preparation Of

much Work here IN the preparation ol
Texas stone.
THE LAW AND EQUITY OF THE CASE
You ask about the title to the land
owned by the contractors. can per.
haps best answer that by referring you
to the law under which the contract
was made and to the contract. Section
is of the act TO provide for budding q
new capitol is in words as follows:
should contract be made to construct
said capitol for the land hereby sppro.
priated, titles TO the same shall be
made TO the contractor by the commits
sioner OF the general land Office under
certificate of the building commission.
ers, TO be countersigned and approved
by the comptroller as The ,CorR pro.
presses, as may bCproHded for IN the
contract Then the contract In this
respect follows the law providing
in what installments or in what per
cent. the land shall be titled to the
contractors. II would seem then that
when they have worked TO certain
stages and have obtained certificates OF
that fact and filed them in the land
Office, they have as indefeaslble claim
to the land as If the instsllments were
paid In dollars or in chattels, and the
dollars or the chattels had been de
livered TO them. This right to the
land does not depend on patent
which is but the evidence OF their title
1t is true they will have great troubl,
in negotiating their land without 8
patent, and should they abandon theii
contract 1t IL probable that doom will
have cracked long before they get 9
patent. When the state re
covers judgment against them
on their pond aud for damage:
| for breach Of contract, 1t can ssiz aud
sell the land as 1t can any other prop
erty to be found belonging to the con
tractors. Perhaps IL could attach 1t oil
any other property In the suit tina
would be brought. There Is no use o
our trying to force on ourselves any
other construction of their claim tC
the land. 1t would be as bootless al
trying to work into the blind asylum
by shutting our eyes.
THEY MUST ALL APPROVE.
"Of course the proposed change will
be abortive without the approval o
| the governor. In such matter tn,
action VI the board can be only ad
! visory, just as yours nigh
be. 1t Is no more bind
ing than good advice would be TIL,
contract Is made by the commi ssioner
and the governor. The rest OF us car
only advise, and the advice can b,
needed or not. Either one of the con.
missioners or the governor can quasi
the business In other word =, il take
their Joint action to make the change
A POINT OVERLOOKED IN THE LAW
This question has been ~ product
i've of sentiment as the Fourth of July
at high tide. But the matter'of senti
ment was forgotten, both in the con
stitution and in the laws enacted In
pursuance thereof In neither |,
there a proviso that the capito
shall be built in whole or IL
part, of the products of Texas. Tn,
only thing in Texas which il was
stipulated in the laws should go into
the building was the land. My ruling
sentiment is to drive the best possible
bargain for all the people of Texa'
now and hereafter; that's my shibbo
leth. When they attempt to build the
capitol otherwise than by exchanging
the land for 1t, they will find thai
| Texas has become a land where the
taX-gatheTer never sleeps. II Is the
experience of other states with like
undertakings.
SOME NEW FEATURES.
"As part Of the new contract this
dome of the building, admitted by a.
to be insecure, and many of the in
terror walls, also unsafe, are made
stronger. All the ornamental
features of the interior
remain as they originally were, and
nearly all of the ornamental features
of the exterior 80 remain. The style
of the architecture remains unchanged.
DIG AT THE SYNDICATE.
81 do not think the conduct OF the
contractors has been frank and open
and consistent with the facts, for they
have more than once declared to u
within the last three or four months
that they desired and We're asking no
changes. Subsequent Developments
have demonstrated that this was not
true.
Now, have said what have sal d
more from sense of duty To the peo-
pie Of the state, to endesvor to get the
very facts before them rs they are
than for any other purpose. sincerely
believe they prefer the Indiana stone
to having the capitel stand unfinished,
and could they compare the two ] sim
cerely believe they would prefer the
Indiana stone to the 0atmanville
stone on its merits. AT all events, |
have done what / ons3ienciously
believed TO be the best under all the
circumstances, and / am willing TO
abide the consequences.