San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1886-02-11

from the land not leased, but / hav,
q not failed to observe that under tn,
construction given the present enact
ment the lessee is subject to grea
annoyance and actual loss from tres
: pass by pretended actual settlers. A,
= you know, the present law authorizes
: : an actual settler 10 purchase one o.
: more sections, even in lease, with
out conditions other than that befor,
he takes possession he should builc
and fence. So, if he build a cabiI
and fence it in, he has substantially
complied with the law as to building
and fencing. Here is pasture leased
paid for and fenced by tho lessee, O
winter range for his cattle provided
and here comes q rowing stockman,
claiming to be an actual settler,-
taking tho prescribed oath - buys O
section in the heart of the lessees
pasture, pays his first payment of $40
and turns loose any number of stock
upon the grass that the lessee has
paid for. This, sir, is no protection
to the stockman who leases. 1 would
remedy this evil by advising the re-
cognition of the rights of both the
stockman and the man with the hoe.
1 would define specifically the right
of each--how much fencing the set
tier should be required to put upon
his land, and how many head of cat
tie or horses he could turn loose on a
given number of acres of land. That
is the reason why 1 would have re-
duced the lease rate to 5 cents per
acre. The existing law is defective
in so many particulars that would
REPEAL 1T ALTOGETHER.
Iwould avoid the errors, if posi-
BILE, in the new law. / would give
these lands to the control of no board
of State officials having other depart
ments and other important duties
1t is evident the lands are valuable for
pasturage and will be leased unless
we yield our right to possession and
use No one doubts that the lands
are used for great profit, and that it
is worth while to place them in the
control of q competent person or
persons to compel the user of them
to pay the State, who is trustee for
our children for such use. 1 do not
see that any great code of land laws
is required. What is required is to
assert the public right, and in q few
plain instructions to the proper Of
ficer, direct the manner in which that
right shall be maintained. / feel Ger
tain there is no danger of the evils of
the evils of land monopoly you refer
to from leasing system that allows
the leased lands to be settled by the
farmer pending the lease, The ad-
vance of the army of men with the
plowand the hoe will not be checked
by wire fences when the law permits
and encourages them to push on and
occupy the lands. They have not IN
this western country, been retarded
by the savage Indian, and, with law
and right at her back, will not stop at
wire fences. But Iwould protect the
lessee also, and believe some such
provisions mentioned before, execut-
ed with vigor and perfect impartiality
would not develop any conflict be
tween the lessee and settler.
THE LEASE PRICE,
Reporter-You think the rate has
something to do with the rate, l see.
Now is not six or eight cents or even
ten cents low rent!
Swain--It is low rent, and I do
not believe that the rate would be re-.
garded if not coupled with the con-
ditions that the law prescribes, and
the condition negatives the presump-
tion that the lessee can hold for a
given time. If the lessees could be
assured of any permanency in their
leases, or the possession of the same,
there would be no trouble to get
from ten to twenty cents per acre.
The stockman has very little fear, one
would suppose, of struggling set
tier or two, but sometimes, and it is
getting more frequent in the western
country, settlers come in section OF
country in great numbers, and in a
few years spread over large districts.
Such wave would destroy the value
of the lessees improvements which
may have cost great deal Of money.
1t would leave him with stock for
which he would have no range. The
lessee, with the actual settlers right,
which might be sprung upon him any
day, would be poor business man TO
pay as much for lease that might
not last through the first winter, as
he would if assured possession for
even a year.
Reporter-You think if assured un-
interrupted possession during the
term of the lease, the stockmen would
voluntarily lease at the rates you
mention
SWAMI would never approve
law or lease TO give uninterrupted
possession for a term Of years, as
long as settlers want the lands. SO
the question is not relevant. What /
mean TO say is, that as we do not pro-
pose to give uninterrupted possession
we cannot expect to get the full lease
value Of the lands. / think that we
can get the lands leased at about
five cents an acre, and that at that
rate the lessee will be less disposed
TO make trouble with the settlers than
if be had paid more, and also believe
- - 4 - 4