The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-10-24

to every such railroad, sixteen sections
of land for every mile of its road so
completed and put in good running
order" And in determining what is
complete" road, the act says;
"That said road shall be substantially
built, and fully equipped for the trans
portation of both passengers and
freight"
is BEYOND HIS KEN.
How a railroad can be complete"
or "fully equipped for the transporta-
ton of both passengers and freight"
without "sidings," switches" or "turn-
OUTS" even expert railroad men would
refrain from saying. The Houston
and Texas Central, from all reports,
has land certificates for over fifty
miles of "sidings," switches" and
"turn-outs." In one instance, at one
time, it got for seventeen miles of
"sidings" 174,080 acres, located some
where in the west, worth
now perhaps 100000. These GER
tiicates show on their face that they
were issued for "sidings" exclusively.
From what you say, all the other rail
road companies except one have OBJ
tanned certificates for sixteen sections
of land for every mile of their respect
i've "turn-outs," "sidings" and Switch
es." Then, if you issue patents to
them, Texas will be loser several mil
lions acres of land just because "she
will not tolerate nor adopt for herself
a code of morals such as has never
prevailed among honorable men," In
other words, simply for the reason that
some Of her officers have violated her
laws, misconstrued or overlooked
them, she will not resent the wrong nor
claim her rights. 1t is possible she
has been living by such "code" too
long and it is time for change.
1t does seem that in her munifi-
cence Texas has used a lavish hand,
and when she asserts her legal
right, which is equally accorded
to every citizen, she ought not
to be chided by her own Off
GERS Her contention with the Great
ures to whom she has granted about
one-fourth of all the land within her
territory, would seem to be enough.
You declare that unless suit is filed
"within thirty days" you will continue
to issue patents. OF course you have
this power under the constitution,
and have no authority to prevent
you exercising it. As the legal repre-
sentative of the state l can only re-
quest you to withhold the patents.
This | have done, and it now rests
with you to determine whether or not
you will observe or disregard the re-
quest. Overwhelmed by important
litigation, with only one assistant to
help me in it, am now in no condi-
ton to assume such additional labor
as the suits you demand to be brought
within so short time will entail.
Within few days after l discovered
that the Houston and Texas Central
set up claims to "sidings" and
Switches" and held an illegal trans
fer to the Waco and Northwestern
lands, l asked you for the necessary
information on which to bring suit
by the following letter:
"ArToRNEY GENERALS OTTICE,(
Austin, Tex, July 3, 1889.
''Hon. R. NJ. Hall, Commissioner Genera
Land Office:
"Dear Sir-Please state to this de-
partment the number of certificates
issued to the Houston and Texas Cen
trail railroad on the respective dates OF
December 523, 1878, and of April 10,
1874, and the number of acres of land
called for in each certificate, for what
purpose, and on what sections of its
road were they issued, including the
number of miles therein mentioned.
If they have been located or patented,
please say where and when; also, If
any of said certificates were issued for
'sidings' or Switches let the state
ment show the mileage thereof, the
particular portions of the road con-
tanning said 'sidings,' Eand when and
where the certificates have been To-
Gated.
ga very early reply, if practicable,
Will DG SldbVlully lONOlNON' WI VANAJ
~. S. HoGG, Attorney General"
For some cause, which l have ever
been disposed to ascribe to excessive
work in your department, you have
failed, up to this date, to furnish me
with the data called for. Without
this information action cannot be
brought. Should you yet furnish it
at your convenience l shall certainly,
as soon as the other work here will
permit, bring suits to recover for the
state all lands held for "sidings" or
Switches" by the railroad company
in question, and all such Others as
you may discover and will kindly re-
port to this department making sim
liar claims.
LAW, NOT MORAL CODE.
While only the law, and not consid-
erations of policy or "moral codes"
guides me in this, / must not close
without calling your attention to an
other mistake you doubtless uninten-
tionally make on the plea
of "innocent purchasers in good
faith" Such questions pertain
to the judicial and not to the execu-