Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-04-23
PROCLAMATION
Bv the Governor Of Texas.

bled in the city OF Austin on the 18TH
day of January and adjourned ON the
3lst day OF March, A. ID 1885, passed
s. III. Bs Nos. S, 81 and 40, IAN act to
provide for the leasing and sale
OF lands heretofore or that may
hereafter be surveyed and set
apart for the benefit OF the
common schools, univereity, the luna
tic, blind, deafsnd dumb, and orphan
asylum funds in organized and unor-
ganized counties, and for the sale of
vacant tracts OF less than GAO acres in
the organized counties" and
Whereas, the said act was presented
| to me fer my approval on the said 3lst
| day of March, the same day of the adj
journment of the legislature, which
precluded my return of the same to the
house in which it originated, with my
objections thereto, and
Whereas, after maturely consider
! ing said act, ann compelled from
sense OF public duty 10 withhold my
/ approval of the same, and having this
day fled in the Office of the secretary
of state, as required by the constitu-
ton, said act, with my objections
! thereto:
Now, therefore, 1, John Ireland,
governor of Texas, do hereby an
nounce, publish and proclaim my
dis9ppToval of said act, Tor the reasons
aforesaid and set forth az follows, to-
wit:
My objections to the bill begin with
its caption. There Is no connection
between the school, university and
asylum lands, and the public lands
situated in organized counties. Fne
one belong to thestate proper, and the
others to the institutions to which
they have been dedicated. The pro.
ceeds of one class go to support the in
stitutions named, and those OF the
other go into the treasury for general
revenue purposes. In the one case the
sale is provided forby the constitution;
in the other, the Legislature is
not required by the constitution to do
anything. 1t seems!plain that the bill,
by its caption and title, has two dis
tiuct objects, and, therefore, violates
section 50, article 8, of the constitu-
ton.
The third section of this bill allows
any person or corporation 10 lease any
amount be or it may desire, at five
cents per acre. 1t is not so soon to be
forgotten what the country expert
epced during the last two years, in
turmoil, strife, and In the sacrifice of
life in some instances, caused by per-
hitting vast areas of our territory to
fall under one management.
These evils, while deplorable, were
slight compared to the seeds of decay
and injury they engendered in the way
of our material advancement and
prosperity and the peace and progress
OF the state. BY the provisions of this
bill, whole counties may, and no doubt
would, If 1t should become q law, be
owned and controlled, for the term
OF years named, by one person,
in many instances, or by some aggre-
cation ofcapital and persons. Under
the former laws and policy, vast re-
gions have fallen into the same hands,
and to-day the great body Of the peo-
pie of this state are not only debarred
the right of free transit or passage
through neighboring states and terri
tories, but those holding tenures un.
der this state In the northwest are
threatening the interior and South
with violence should they attempt to
pass or drive their stock through that
country on their way to distant mar
kets. By no act OF mine will L ever
sanction the acquisition of these vast
tracts Of land by one management. II
| IL uOI u CoIICtb BdOllO BOstCJt bOt 10 ~
Justice to the great mass of our citizens,
BY the fourth section Of the bill, the
attorney general Ia required to bring
suit against all persons using these
lands without authority. The attor.
ney. general cannot go to the section
of the state where the suits
would have to be brought and attend
to such litigation. II the suits should
be filed by his authority, some one else
would have to attend to them, and the
only result would be the legislature
would be called upon to pay enormous
bills OF costs and attorneys fees, with
out any corresponding beneficial ad
vantages. The district and county at
torneys should have been charged
with conducting all litigation o
this character in their RESPECTIVE,
counties, and, If any doubt ex
listed as to their properly and faith
fully performing such duties, heavy
penalties should have been attached
as consequence Of their neglect o
failure.
The eighth section provides for
, declaration or forfeiture without any
X judicial finding. 1t provides for re
leasing, but makes no adequate pro
vision for getting the former lessee OH
OF pOScebrlOu. Il nc buppoocu iulleAbuN'
might be disputed, and to undertake
+. to eject him withouta hearing in tn,
civil courts would be in violation o
the nineteenth section of the bill o
rights.
BY the tenth section. any one pur
chasing tract of land in an or
> ganized county OF pre-oribed size
may rent or lease four sectio ns out o
any other lease. Why coDfine thi
right to counties OF certain size
Nor is the policy Of allowing such
purchaser TO lease over some othsl
lessee good one. 1t does not com
port with other parts OF this bill, al
will be shown. Under the pro
visions OF this bill dis
trict judge is authorized Il
issue q writ OF possession, and the con
stable or sheriff is to execute it forth
with. This means that on presents
ton of certificate from the commits
sioner OF the general land office 10 tn