The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-04-16
THE LAND Bill. VETOED.
GOV, IRELAND KNOCKS 1T OUT.
Reasons for Withholding His Signature
That Make the Measure Look Like
1t HAD Been Originated by
Legislative NOvices,

announcing the TACT:
WHEREAS, The regular session of the
nineteenth legislature, which assem-
bled at the city OF Austin on January 10,
and adjourned on the 3lst of March,
passed S, H. b, Nos. s, "a and 80, an act
to provide for the leasing and tho sale of
lands heretofore or that may hereafter
be surveyed and set apart for the benefit
of the common schools, university, lu-
matte, blind, deaf, dumb and orphan
asylum funds, in organized or unOrga-
nized counties, for the sale of vacant
tracts of less than $40 acres in organized
counties; and,
WHEREAS, Tho said act was presented
to me for approval on the said 3lst day
of March, the same OF the adjournment
Of tho gi-lature, which preCluded my
return Of tho same TO the house in
winch IL originated, with my objections
thereto; and,
WHEREAS, After mature considers
ton of 9aid act ! am compelled, from q
sense ofpuhlio duty, to withhold NV
approval OF the same, and having this
day filed in the Office OF tho secretary OF
state, as required by the constitution,
said ACT with my objections thereto;
now, therefore,
|, John Ireland, governor of Texas, do
hereby announce, publish and proclaim
my disapproyal OF said act Tor the rea.
sons aforesaid aot forth, as follows, to-.
wit;
My objections to the bill begin with
its caption. There is no connection be-.
tween tho school. tho university and
inc asylum lands, ana tho public lands
situated in organized counties. The one
belongs to the state proper, and tho
other to tho institutions with which
they have been divided. The proceeds
OF one class % TO The support Of the in
sltutlons named, and those
treasury for general revenue purposes.
In the one case tho sale Is provided for
by the constitution; in the other the
leglSl allure IL not required by tho con.
stitution to do anything. It seoms
plain that tho bill by its caption ana ti-
Tie has two distinct objects and there
fore violates section 81, article 3 of tho
constitution. The 81 section of the
BILL allows any person or corporation 10
lease any amount he or II NAV desire
at cents per acre. 1t is not soon To he
forgotten what the country has exre.
rienced during the last two wears of tiir.
MOL and strife, and in tho sacrifice of
ITO in some instances, caused by nor
hitting vast areas of territory to fail
undor one management. These owls,
while deplOrablo, were slight compared
TO the seeds of decay and in
Jury they engendored in the way
oil our material advancement aud proS.
perity and tho peace and progress of the
state. by the provisions OF the bill.
whole counties may, and no doubt
would If II should become n law. be
owned aud controlled for term of
years named, by one person in many
instances, or by some aggregation OF
capital and persons. Uuder former
l0AseS and policy vast regions have
fallen into the same hands, and to-day
the great body OF the people OF this
state are not only deblrred the RIGHT of
free transit passage through ueighbor.
ing states and territories, but those
holding tenures under this state In tho
northwest arc threatening the interior
and south with violence should tbev M.
tempt to pass or drive their Stepl,
through that country, another way
70 distant markets. BY no act
Oh NINE VIII ever sanction the
acquisition OF these vast tracts of land
by one management. IL is not cor
rect public policy, nor Ia II iustlco to tho
great mass OF our citizens. Bv tIe
It'll section OF tho bill tho ATTORNEY
general Is required 70 bring suit against
Hll persons using those lands without
authority, The Encouragement can
not 90 so tho section OF the state where
inc suits would have 90 ho brought and
attond to such litigations. If s1ils
should DO filed under his authority
some ono els0 would have 20 attend 10
them and tho only result would n, ITO
Legislature would DO called upon To nav
enormous bills OF costs and attorp6vs,
Toes, without any corresponding beno-
fetal advantages, Tho district iWd
county attorneys should have been
charged with conducting all litigation
OF this character In their respectiyo
counties, and II any doubt existed as
70 tholr properly aud faithfully
performing such duties, heavy penal.
TICS should have been attached as A
consequence OF thoir failure or neglect.
Tho 18TH section provides for declaro.
ton Of forfeiture, without amy indici"l
proceedings. 10 provides forreIeasing
hut makes no adequate provision f9r
getting the former lease out OF pOgsos.
sion Tho supposed forfeiture miubt bo
dlSputcd aud To undertake lo elect him
without a hearing In tho civil courts
would DO In violation 90 the lO,b
section OF tho bin ,f riybts
BY the iOth sectlon my ous
purchasing a tract 1T and On 1p ORGAN.
iIud county ut prescribed .izs. may
rent or lease from sections ,rf of nuy
other lease. Why ConGuo thi, ri.bt r,
counties OF q certain s'GeG Nr liz tbc
poIcy OF allowing such purchaser tp
lease over some other lOssos ID lloI ana
~ does not cumpOrt with other unrt, OF
the oil, as viii Dee shown. Unlpr tho
provisions of the bin q disg|et iuiF.
NUUhoilfou To issue writ
ni possession aud the coustsh'. or su5r-
lu ~ TO execute it forthwith. P.H4.
nGous WAT ON the presentation of cor.
ultNlo from the commissioner of tNr|
general land office to "A distri,t ill.n
tho losseo shall, ON this OK p,ife n1rrr
without Trial or chance to behrt. be
arrested 10y an officer aud taken on ths
land No such authority has boon 6sI.
egaled by. the constitution to n
district ludge, aud both he
and the officers cXecul,ng
MS writ would ho trosspassers and
NiolatOrs of moro than ono proyisi,n nf
the constitution. Wy the nth 500,
ton all lands, except such as have finn.
Der suited for shingles or lumbrr' ara
placed ON the market for sale. Now
what quantity of timber shall "A SERBIAN
or a fraction of a section have I'm orjor
20 take IL out of tho marketg m tbera
DO ON whole tract, of any size ono
acre covered with such tin,ber
docs IL save tho wbcin
socuon2 What sort of shingles or INN.
Der must the land producer Shall Ola
mesquite, which makes tho most Ju v
Die and valuable fence post, or shlnsiSs
ana plank save the land from snieg
WIZ burr oak, that Is used 40 eStep.
syely for wagons and other yebiciesS
WIN live oak, which furnishes 40 mnch
tanuin, aud In so nson,i
for ship'building and otbor
purposes, save this land from saieS
The 18th section confines a purchaser ~
OlO acres. lit be true that ono se"tinn
was thought TO DO 80 Insignificant tbat
lho purchaser might break mn somc
othor contract by leasing over a former
,essoe, why combine him to ono sections
IN regions OF country where
great body OF those lands nre'
one section ~ not enough a.
Q family and the purchaser shonl5 bc
permitted 10 buy from one To four. Nvby
cunhno the head of a family a. 80, ns |