The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1888-10-04

offered the following amendment:
"And provided, further, that this reser-
vation of public domain heretofore made
for said railroad shall be open to actual
settlement under the pre-emption laws of
this state"
This would have somewhat les sened the
injury and wrong intended by the ordin-
ance, as it would have permitted actual
settlers to enter this reservation aud
make homes for themselves, but this pro-
vision was defeated, Ross again being
found its friend and Martin its enemy.
This particular ordinance was finally de-
feated, but on page 735 of Journal, it is
shown that MIR. Johnson, of Collin, intro
duced the same idea in different form,
providing again for restoring the for
feited lands to the railway company, end
again Mr.. Martin is found a friend, and
Governor Ross an enemy to this measure,
as upon motion by MIR. German 10 table,
only fourteen out of ninety voted "I,"
Ross being one of the fourteen, and Mar
tin voted "nc," and this measure was
finally passed by the same vote, Ross op
posed, and Martin in favor. While this
was under discussion DeMorse offered the
following amendment;
| AuI IuItuSE pTONlueuS budI UuiS Orui-
nance shall be submitted TO the people of
this state for thir approval, and shall have
no effect if disapproved."
| Ross supported this wise and safe pro-
vision and Martin opposed it, aud yet he
is the peoples maui This provision hay
ing been beaten, and the ordinance having
passed which returned to the railway com
pany such an immense amount of land
already forfeited, Mr.. DeMorse, Governor
Ross and twerty-oue oiher members of the
convention, made the following protest.
"Hall of the Conveptio Austin. Tex
November 20, 1875.-To the Hon. E. B.
Pickett, president of the conventions: The
undersigned, members of the COZ stitu-
tional convention, representing the people
of their districts, protest against the
action of the convention in pass
ing an ordinance with the force
of law, and in the inter-
est of railroad corporations, and refusing
to submit it to the people fer their ap
proval, thereby assuming power not
granted to them by the people, and the
undersigned respectfully ask that their
protest be entered upon the journal"
Signed by Ross, DeMorse aud twenty one
others.
The effect of this ordinance, operating
az positive law without being submitted
to the people, was to restore to the Texas
and Pacific Railway company 8,077 land
certificates of $40 acres each, making
5,l69,2S0 acres of land, and this at $3.50
per acre-the minimum price
of wild lands to-day, though
much of this land was even then worth
more, as it lay in old settled counties
would realize the sum of $12,923,200 aud
now deduct COST of road at liberal figures
say so 425,000, and we not only gave
to this railway enough in value to build it,
but We added surplus of $2,498,200. On
page 1872 of Journal the article headed
Public Lands and Land Office" contained
and continued this vicious policy of land
subsidies, and Msrtin voted for and Ross
against it, I he effect of this policy may
be readily understood by recalling the
message of Governor Hubbard, in which
he said to the legislature that, in the two
years Immediately preceding said mes.
sage, 100000 of acres of land
had been absorbed by these ex-
traordinary grants to railways, and
Governor Roberts urged persistently that
this policy should end. In the Seven
teenth Legislature Martin finally Joined
Ross aud others in voting to stop this
policy. Mr. Martin has attempted, and
will doubtless again attempt, to show that
the necessities of the reilr, ad, by reason
of the panic of 1873, had absolved them
from their obligations to the state under
the law of 1854, but the facts show that
theynever made evera pretense of carrying
out any of their pledges and obligations
1pnO hafnra coil pio fbn; 60;
to build the road in its entirety and to
settle it with so many families to the sec
ton along the parallel of 80 degrees north
latitude, thereby erecting barrier against
Indians, caused subsequent expenditure
by the state of more than 100000 to
give protection to the people on the Dor
der. Nor will it do for Mr.. Martin to say
that this extraordinary lard grant was
necessary to induce railway building, be-
cause the history of our state shows that
railway construction has been much more
rapid since this law was repealed granting
land subsidies than it was before, and the
railway officials them selves, in memorial
to the Sixteenth Legislature, declared that
the lands granted them did not couduce
materially TO the construction of their
roads.
Before leaving the record made by Mr.. |
Martin in the constitutional co vention, |
we will touch one subject which was over
looked in this presentation, but we now
add it, as another proof of the disposition
of Mr.. Martin 70 ignore the rights of |
individuals and look largely to those of
and corporations: On page
1858 of the journal Mr.. IBarnett offered the
following substitute to section 2 of a
certain ordinance or proposition then
before the convention III the matter of
public lands:
"Section 2-All ursatisfied soldier or
headlight land certificates barred by
section 4, article TO- of the constitution
OF 1869, by reason of the owner or holder
thereof failing to have them surveyed and
returned to the land Office by January l,
1875, are hereby revived, and may be
coated on any of the vacant lands in this
state"
The object and purpose vi this prov1s-
On was to enable tho early settlers and
he old soldiers of Texas. and their de
cendan and heir, to secure valid loca-
ions of land on snd out of the grand
domain secured by tire valcr of these old
'sterans, and by US inherited from them,
nj yet this Sigh boon was denied them
y Mr.. Martin as, on a motion to table
his just and humane provision, Mr. Mar ;
In voted 81" AID Governor Ross NO"