The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-04-12
County Clerk---County,


Sir-This department is in receipt Of
information that many purchasers of
school, university and asylum lands,
through ignorance of the law, or from
Willingness to violate it, or a desire to
evade it, are guilty of acts and omissions
not only fatal to their ii les to the land
purchased, but i'll gross violation of the
law providing for the sale of the same. 1t
appears that some parties have made ap-
plioation to purchase, swearing they were
actual settlers in good faith, who have
never been upon the land except to exam
Inc and explore it; that Others have en-
tered upon the land and remained in some
temporary and portable shelter long
enough to prepare and forward an appli-
cation to this office, and then Immediately
return to their former home and avoca-
ton, sometimes in a distant state or
county, leaving no sign or evidence of
their occupancy; that others, although
making some improvements, fail to make
their home upon the land, but, with their
families, continue to reside in town or
elsewhere in the vicinity, and only visit
their claim occasionally. 1t is desired
through you to call the attention of all
parties interested, and the public gen.
orally, to certain provisions and require
ments of the law, and to the rules of this
Office, which will be strictly enforced and
adhered to. Except in section
%, where provision is made for
the sale of detached and isolated rem
nants in certain counties to "any pur-
chaser, upon such terms as the commits
sioner of the general land Office may pre-
SCRIBE" the law declares throughout tha5
these lands can be sold to actual settlers
only, and no doubt or uncertainty is left
as to what the meaning of the law is. A
reference to section g. page So, will show
that "all purchasers shall be required to
reside upon, as home, the land purchased
by them for three consecutive years next
succeeding the dase of their purchase
etc. The same section goes on then to
prescribe how proof of such residence is
to be made, and then to direct what form
of affidavit shall accompany the appilca
ton to purchase, viz: "That he desires
to purchase the land for home, and has
in good faith settled thereon" etc. This
affidavit is part of the blank form OF
application adopted and prescribed by
this office. The purchaser, it is perceived
must be an actual settler in good faith
residing upon the land when he applies to
purchase. He must continue to reside
upon it, and in person use, occupy, and
improve it, making his home upon it for
| three consecutive J ears thereafter. If he
fails in this he forfeits all right to the
land (just the same as he would from a
failure to pay the yearly INTEREST,", as pro-
vided in section IL, which declares, Sand
if any purchaser shall fail to reside upon
and improve in good faith the land pur-
chased by him, he shall forfeit said land
and all payments made thereon TO the
state, and such land shall be again for
sale as if no such sale and forfeiture had
occurred" 1t is the duty of the commits
sioner of the general land Office to place
and keep upon the market all lands in
demand for settlement. 1t is also his
duty to see that the law is executed,
and that its intention is car
ried out. 1t is clearly his
duty to see that Theses lands
are kept open for occupancy by actual
settlers, for whom alone they are intended,
and that they be not tied up, encountered,
or held for speculation by such pretended
purchases as are beng attempted Hence,
when proof is made that so-called pur.
chaser was not settler in good faith when
he applied, or that he has failed to reside
and make his home upon the land pur-
chased, or that he has abandoned and
failed to improve the land, it will be again
sold to any applicant who complies with
the law. Such applicant, however, must
furnish proof, by affidavit of at least three
good citizens OF the county or district in
which said land lies, the good character
and credibility of said witnesses being duly
certified to by the officer before whom
the affidavit is made, that said land has
not been settled upon, or that it hes been
abandoned, as the case may be. If man
is in good faith making his home upon a
certain section of school land, residing
upon, using, and improving it, the fact
will be known of all men. Neither his in
teTest, nor his convenience, will be affected
by this rule. nor can his rights under the
law be interfered with. Any purchaser
who is making an honest effort to comply
with the law will be protected by this
office, as well as by his neighbors who
know the faCts Rnt such attarnDts IN