The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1886-06-10

OWulu III HIS HIJCCCti az EhiCAullhCls anu
athwart the opinion of Gen. Ross, that
the state could get no taxes from the
lessees of school lands.
The comptroller deposited $4,000 yes
terday for account of general revenue,
and $4,000 for the school fund.
THE STATE PENIrENTIARIEs.
Captain Haywood Brahan, financial
agent of the state penitentiaries, makes
the following report for the month of
April:
April lst. balance on hand ......... -. S14,I9 81
April 30, receipts at Huntsville ......... 2SSi9 50
Aprit 3 receipts at Rusk............... 6l3 o.
CREDITS,
April 30, disbnrsed at Huntsville S23,416 G.
April 20, disbursed at Rusk, .........". S,?@: =
April 30, disbursed for material. .. l3S 70
April 30, cash on hand. 1854 63
Total . ............4l,3l2 -
Superintendent Goree, of the states
prisons. has sert in his report for the
month OF April. 1t shows the follow
ing:
Convicts received during the month, II:
number of recaptures, 81 number of dis
charges, 60; number of pardons, 80; num-
Dor of escapes, 5; number of deaths, IL;
total number of cOnvicts on hand April
30, 1855; total number of sick treated
during the month, 81. There are 42l con
victs employed on the rock quarries.
LAND BOARD,
The state land board, during the month
of May, received 17S applications to pur-
chase, from actual settlers, and paid into
the state treasury $35,5S2. The leases
for the month were quite small.
The encouragement, i'll a written opin-
ion, furnished the land board, relative to
an extension of time for the payment of
interest on lands purchased from the
state. says: The relief asked for cannot
be granted and it can be safely said even
the leg islature cannot constitutiOnally re-
lieve. In the 10th section of the act of
1883, on page SO, it is provided that IF,
upon the first day of March of any year,
the INTEREST due remains unpaid, the Gus
todian of the obligation of the purchaser
shall endorse on it lands forfeited and
the account kept with the purchaser shall
show such failure to pay, and such forfeit
ure; the failure to pay the interest shall,
ipso facto, work a forfeiture. and the en-
try on the account shall be evidence of the
fact and there shall be no necessity for
judicial ascertainment of the facts of the
forfeiture, and no defaulting purchaser or
those claiming under him shall eyade or
avoid the effect of such forfeiture at once
by reason of any statute or law which, for
coverture infancy, or the like, would other
wise give them additional time for pay
ments or action, except as follows: Should
any purchaser die, the representative or
heirs of the deceased shall have one year
within which to pay the interest due on
the LIST of March next after such DEATH
Right in this connection chapter II,
page Is, of the said acts of 1885, ought to
be noticed II is AN act to prevent the
forfeiture of the rights of purchasers of
public free school, university and asylum
lands" 1t is to be observed that chapter
II only amended certain sections of the
act of 1888, and therefore none but pur-
chasers under the act of 1888 were
entitled to enjoy the favor of the extern
sion of the time of payment from the LIST
day of March to the LIST day of August.
But there were those who held their land
under sales made by virtue of acts passed
in 1874, and in 1879, aud in 1891, and
perhaps other acts. (See the laws of 1874,
page l42; laws of 1879, called session,
page %; and laws of 1881, page 119).
After the passage of chapter II, for the
benefit of purchasers under the act of
1888, it was concluded that the purchasers
under the previous acts were. equally
meritor'Ous, and that their title to relief
was equally clear and strong; hence the
passage of chapter II, which gave to
them the same extension of time pre-
viously granted to the purchasers under
the act of 1888.
These two acts, then, are not in conflict
They are in entire harmony, and are to
be read and construed together. They
were both passed ut the same session of
the legislature, and within few days of
each other, one being approved on the
18th day of February, 1885, and the other
on the 23d day of February, 1885.
l may remark here in passing, that
neither of these two relief acts ought to
have been passed. But if passed by the
legislature neither of them should have
been approved. 1t would be difficult to
find two laws that more affront the con-
stitution of the state, Prior to the adop-
tion of the constitution of 1876, it had
been the constant practice for the legisla.
ture, at each succeeding session, to pass
acts for the relief of purchasers of uni
versity and other trust fund lands. To
end such legislation the constitution pro-
vided in section of article I, that THE
land heretofore set apart to the public
free school fund shall he sold under such
regulations, at such times, and on such
terms as may be prescribed by law, and
the legislature shall not have power to
grant any relief to the purchasers thereof"
At this time the people have declared in
favor of no change of policy in this res
pect, for in the amendment of said sec
ton l. proposed by the Eighteenth lS.is-
lature, and declared adopted September
%. 1888, Notwithstanding other changes
in the section above referred to, the very
language above quoted is found word for
word.
Purchasers ought not to be encouraged
TO hope for any sort of relief from the
terms of their contract. 1t is not likely
that any such legislation as that OF the
two acts passed by the Nineteenth legisla.