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

| VI bhO VI dCToS tlldt, ob
that time, constituted one-half of the pub
lie domain of the state, the common
school fund has not, by virtue of this con-
stitutional provision, received one solitary
foot of land, except the 100000 acres
surveyed and set apart to this fund under
law approved April 10, 1888, giving a
like quantity to the state university, and,
however wonderful aad extraordinary this
may appear, it is nevertheless a fact,
which the death like silence of the reports
of the commissioner of the general land
Office On the subject abundantly attest"
'The Galveston News, at the time of the
publication of Mr.. Brooks letter, three
years ago, spoke editorially of it, as fol-
lows:
"'The provision of the constitution he
quotes seems, it is true, to donate the
half of the then vacant and unappropri-
ated domain to the schools, in addition to
the alternate sections which should there
after be located for the school fund by
the railroads and others. If this view is
correct there should now be on hand
| (1S85) of public school lands, after sales
of 100000 acres, nearly 50,000,000 acres,
instead of 24.000,000 acres, which the
records of the general land office disclose
to be the balance on hand
"Any attempt, it may here be stated, to
take advantage from the invalidity of laws
which the legislature has passed, and
under which sales of lands and locations
of certificates have been made, but which
cOntravened the provision of the cousti-
tuition, making the grant of land to the
schools, would, at this late date, scarcely
receive the appreciation of those who
control public affairs.
"The task of reco ding lands where fraud
and undisJuised violations of the laws
have been pc petrated in the purchase
has been found fruitless, and still less can
recovery be expected when purchasers
have acted in good faith, and the only
fault is in legislation"
That was the view of the News at the
time. Mr.. Brooks not only wrote letters
to the News, but flooded the country with
circulars, and persistently called the at
tention of the state to his vagaries.
In short, Mr.. Brooks succeeded admir-
ably in causing state officers, lawyers and
people generally t. look upon him as de.
cidedly cranky, and he and his wonderful
notions were let severely alone, until At
torney-general Hogg took ths matter in
hand.
A STATESMAN reporter, as requested,
called on the encouragement Tuesday
last, to learn his views of the matter, hay
ing previously seen Mr.. Oliver, the gen
tlemanly clerk, who knew nothing and a
great deal of it, about the case.
Mr.. Harrison, the courteous and eff
cient as sistant to General Hogg, prefer
red to say nothing, and nothing was left
but to see the general himself, aud
Tuesday he was called on.
GENERA 1 understand that you have
Instituted suit against the Galveston
Harrisburg and San Antonio railway to
recover forty sections of land said to be
! due the school fund"
81 have; but l would like to know how
you reporters find out such things? l
have been going at it very quietly. Not
that l cared myself, but l feared if it was
noised abroad that it would cause 'unnec-
essary alarm. My attention was first
called to the strange condition of the
lands by "a young attorney of this city,and
a man / take it who has excellent judg
msnt 1 investigated the subject care
| fully, and came to the con
clusion that his ideas about the
law were about correct, at any rate it was
worth while to have the matter settled in
the courts as an act of justice not only to
the school fund but to the holders OF
lands, as it will remove every possible
cloud from their titles if the case is de-
INJURED out of court.
l wanted the case conducted without
any publicity so that there would be no
excitement over it. If the state is sue
cessful in the suit then it would not be
much trouble to make the holders of the
land surrender their half. If the state
looses the case then the holders of the
land, if the thing is kept quiet, will know
nothing of it until everything is over and
their titles viii not be disturbed. You see
the suit will disturb the titles to al
lands located since 1876, and il
amounts to many million acres
It was brought III distant county where
it would not likely be made so public
But, mind you, individually, do not care
for its publicity. It was only the excite
ment it might induce, as so many people
in this world are so prone to imagine
troubles much greater than they really
are. At the proper time intend to make
it public, and hope you will say nothing
about it,"
The reporter promised, but subse
uuently he heard it from other sources
In fact it was all over town-gracious, il
was all over the United States, hence its
appearance this morning.
The governor was seen by the reporter
and he expressed himself as averse to thu
suit, but it was something that he had no
control over.
Mr.. Brooks was seen in his office, and
he was surprised to learn that the reporter
had hoped on to it.
"He was confident that the state would
be successful, but, advised that the mat
ter be kept quiet To make it public
would create hubbub."
HOW IT ACTS.
The suit affects titles to more than 20,
OOO,OOO acres of land, or to all lands 10
Gated since the adoption of the constltu
ton of 1876. That constitution set asid
f one half of all the public domain to fire.
] schools.
! The legislature following passed a lay
8 also setting aside one half.
e Now comes the attorney. general ant
Q claims that the constitution and the laV
o ought to be construed separ
4 ately, and that the location of all certiti
Gates since 1876 in surveying an a!ternat
: section for the schools only satlshe