The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-04-05
The School Land Problem.

To the Editor of the Statesman:
To properly understand the organic |
law on the subject of land dedication TO
the public school 'und, the following ex-
tract is quoted from the constitution of
Texas, tlat went into effect on April Is,
1876:
article vii, section 2. (1) all funds,
lands and other properly heretofore set
apart and appropriated for the support
of public schools; (2) all the alternate
sections of land reserved by the state out
of grants heretofore made, or that may
hereafter he made, to railroads or other
corporations, of any nature whatever;
(3) onehalf of the public domain of
the state; (4) and all sums of money that
may come to the state from the sale of any
portion of the same, shall constitute a
perpetual public school fund"
On April IS, 1876, there was vast body
of public land, scattered throughout the
state, in large and small tracts. On the
lands there were no locations, and no per-
son had acquired any right thereto. The
| land Office records show all the public
domain, or, from the records it can all
be ascertained, and even sketches made
thereof, and the number of acres can be
determined within reasonable certainty.
By the constitutional provision, above
quoted, one half of the absolute acreage
of public domain on April IS, 1876, was
dedicated to the public school fund.
The other one-half of the public domain,
as to acreage, was subject to dedication
and used by the Legislature, and open for
location of certificates outstanding at the
time the constitution was adopted and to
location of such certificates as might be
afterwards issued as charges against the
public domain. But out of this one half,
not dedicated to the school fund, there
was requirement that for every certif
cate located for railroads or other corpor-
ations, there should be an alternate or
equal amount located for public school
| fund.
To sum up these, the land dedication to
school fund was first, absolutely one-half
of the public domain existing April IS,
1876; second, equal amounts of all certi-
Gates located for railroad or other cor
porations out of the other half of public
domain.
The common understanding, heretofore,
except by few, has been only one-half
of the public domain was dedicated to
the public school fund. This understand
ing has, perhaps, arisen from the fact
that the section quoted was not critically
examined and construed
Now, the constitution of 1876 dedicates
| 100000 acres to the state capital, and
| 100000 to the university fund. These
dedications had to be satisfied out of the
one half of the public domain not re
served for the school fund. There was
ample area in the public domain to
give this 100000 of acres to the capital
and university funds without absorbing
the one-half; therefore, the three requests
in the constitution of one-half of the
public domain to public schools, and
100000 acres to the funds named, could
all be satisfied, and hence there is no con-
fict of rights between the parties and the
| bequest.
Now the proposition is announced: The
state school fund owned by constitutional
dedication, without legislation, one-half the
public domain existing April IL, 1876;
and, all locations made on the other half
of the public domain after that date, no
matter for what purpose, excepting the
pitol and university grants 100000
acres, which we're in excess of the one
half reserved to the public school fund,
are voidabe.
This proposition draws the line of valid
and invalid locations. 1t means that
when the one-half was located for capitol
fund, university fund, county school land,
confederate veterans, railroads, with the
alternate for school fund, and all other To-
cations and Prescriptions, that all loca-
lions after such half existing April
IS, 1876 was exhausted, are voidable.
If this proposition be correct, the
points to establish from the land office
are: First, what was the area of the pub
lie domain on April Is, 1876; and second,
on what date was one-half of this area
covered by files locating certificates, or
otherwise making valid appropriations of
| the land.
If the proposition is correct, then all
files made after this one-half of the pub
lie domain was exhausted, according to
the land office records, are voidable.
This seems to be the true issue, and a
strong one 10 be decided in the courts.
As matter of fact, there has been
| encroachment of thousands and thousands