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

equally as imperative on the board to
lease for that price, so that after all,
while neither the lease nor the minimum
price was mandatory, still it was impera-
tive to lease and to lease for the minimum
price, to-wit: four cents an acre, if no
more could be obtained.
! It is to be regretted that the board did
not, some years since, take this view of
the subject No doubt about it, the board
made great mistake in not leasing at
the minimum price.
At that time it was almost a revolution
! from the free grass system to the lease
system, by which the lands belonging to
the schools should be ayailed of for a
school revenue. If the board, at the time
it could have done so, had leased these
e. lands for even four cents an acre, the
revenue to the schools would have
been large, and they would then
have constituted the lessees, the
strongest body OF conservators for the
execution of the law against anyone else
who would have had the temerity to fence
without lease.
This body of lessees would have been
Jointly interested with the state in pro-
tecting the lands from trespassers and
holding each other and all others to the
fair performance OF their contract with
the state, but the board thought best to
ask eight cents an acre for the lands, and
the cattlemen very naturally regarded it
as an extortion and too large departure
by single wrench from the free grass
system.
Again, the position of these men who
have illegally fenced the school lands, does
not seem to be properly appreciated. All
of them say, they would not attempt to
resist legal writ but at the same time they
are fully aware that public sentiment in
their section of the country is fixed in its
opinion that the land board, by holding
lands at eight cents an acre, are using ar
bitrary power beyond the sense of the leg
islature in fixing the price of land at four
cents an acre, and they feel safe in fenc-
ing and using the land, and "they say" they
have no desire to cheat the school children
out of revenues that ought to be derived
from the lands.
If this is true, and the land board can
find no other solution of the question,
why not now say to these illegal fencers,
that the state is willing to compromise
with them and settle with them upon the
payment of four cents an acre for the
years they have been using the lands,
and also make a contract for further lease
at five cents an acre. AS it is, it is very
evident that the schools will get nothing,
and that it will involve trouble and bitter
ness of feeling, even to adjust the matter.
If these Illegal fencers are honest in
the expression of their desire to pay the
school children fair price for the use of
the lands, and the board finds that it can
do no better, would not this be a wise
policy, and the whole nation would be re-
moved from all complicating and annoy
ing litigations, and direct revenue would
be furnished to a system of public
schools, that is languishing for the
want of what is, honestly their own.
+, THE PRESIDENTIAL SUCCESSION.
The forty-ninth Congress assembled at
Washington City yesterday. The first
business that will likely be transacted in
congress, after the organization of the
two houses, will be bill to provide for fill
ing the vacancy caused by death or inca
pacity of either the president or the vice
president of the United States.
> The death of Mr.. Hendricks has been
the occasion of very trite and learned
discussion upon the succession. It has
been held by able lawyers that
member of the senate, even
if elected president of that body, could
not take the Office, being barred by the
federal statute that prohibits any one
} from holding two federal offices at the
5 same time. This idea, we believe, was
) suggested by Mr.. Evarts, and the point
) seems to be well taken. The present
, senator who was elected president of the
senate yesterday, ce-pr9sident of the
United States, and, although under the
idea of Mr.. Evarts, there is conflict of
laws and the question to
{ be settled would have to
: go to the supreme court of the United,
: States. still, until adversely decided, the
| senator, Mr.. Sherman. elected yesterday,
, will be the acting vice-president of the
United States.
2 This seems to be in violation of the
spirit of representative government: The
r latest sense of the people of this country,
as expressed by their duly elected repre-
l sentatives in the electoral college. is that
: the administration, for the next three
: years or for the balance of the time for
5 which the president and vice-president
l was elected, shall be purely democratic
administration.
l The letter of the law ought to be made
to keep step with the spirit of the law.