The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-01-03

out of GIG leases executed to date only 164
contain more than five sections, or 5000 |
acres of land, while the average of all
leases is 7,103 acres. This should have a
tendency to remove the prejudice which
has existed against the appropriation of
immense areas by any one person or firm.
About 25,000,000 acres of public lands
of every kind are still unsold and Unbiased.
A great deal of this is being used, but not
in a way that in ours the penalties of the
present law; illegal appropriation being
restricted to "fencing," "herding" and
"line-riding." Great numbers of these
users of the public lands would doubtless
lease if extra inducements and persua
sion were offered. A slight defect in the
law exists here perhaps. The motive in
making the above suggestions is to direct
attention to the subject, especially the at
tention of the Legislature, upon whose
wise action depends the welfare of the
state.
More i'm portant still is careful and
patriotic study of that portion of the law
relating to sales. The pioneer who, with
scant means, plants his roof-tree in the
wilderness, and sipgle-handed wrestles
with natures unkindest forces, deserves
every encouragement. He should at least
feel az sured that no slight accident, or
sudden calamity, or providential dispen-
sation beyond his control, shall deprive
him of the fruits of his toll and endur-
ance; assured that his diligence and good
faith will not be in vain, but all sufficient
to make his security complete. That the
miscarriage of letter containing re-
Aba Of nd
agent for day or two, sickness which
temporarily incapacitates man for at
tention to business, the destruction or
failure of crop, should result in forfeit
ure of worthy citizens home, Of all his
earthly possessions, is harsh to the verge
of cruelty. Nor are such conditions nee
essary for the protection of the state.
On the contrary, 1t is believed their effect
is injurious and detrimental, from the
fact that they discourage purchasers and
retard sales. 1t is very essential that the
state hold herself in position to enforce
her rights and protect her interests with
vigor and without expense. She must in
sist upon promptness in the payment OF
interest; in fact, she must be prepared TO
declare forfeitures as last resort. The
experience under all the laws previous
to the act of April IL, 1888, proves
this. Bnt is not that act, as we'll as the
present law, too rigidf They both forfeit
absolutely and without reserve unless in
terest is paid by August 1. Pecuniary
penalties are sufficient to enforce the COL
lection of taxes. Would not a similar
penalty secure promptness in the payment
of interestr The annual interest on a
section of land is, say, $50. Now, if the
purchaser should be required TO pay $40
additional as penalty for his failure to
pay on the day Fixed, would he not then
have sufficient motive to be prompt?
Then, if this interest together with the
penalty are not paid within given time,
say, six or twelve months, lot the forfeiture
occur. This would give the purchaser
time to repair an accident, to recover
from sickness or other calamity.
On the first day of August, 1887, many
| forfeitures occurred for non-payment of
| interest due for the year 1886. 1t was
j then the duty of the commissioner of the
4 general land Office to have these lands
classified, appraised and put on the mar
| ket under the present law, which requires
them to be Carefully valued" in other
words, be valued at what they are worth,
The result has been in hundreds OF
instances that the price was fixed
at from 10 to 100 peg cent
in advance of the amount due on the old
contract. This burden fell, in most cases.
upon men-opr own eitizens--who were
suffering from all the calamities of drought
No power of dispensation, no discretion
was anywhere lodged which could be ap-
piled to such cases. Tie law was executed
but it was painful duty. The state made
money byit, but does she want such
money?
1t is not intended to .discredit the pres
ent law, nor to advise changes which would
affect its general character and policy.
Any such changes are to be deprecated
4 but it is honestly believed that few slight
notifications of the kind suggested would
give needed protection. encouragement
and relief, would injure no one, and be q
blessing and gain to the whole people
uoRFE1THD-lANDs.
Exhibit II shows the forfeitUres which
have occurred by operation of law on
August l, 1897, aud August L, 1888, for
on-payRent of interest due for 1886 and
1887.
All these forfeited lands-566,4 93 acres
were sold under act Of April IL, 1888, by
the land board The enormous total OF
these forfeitures, about two-thirds of the
amount sold for the same period, in
dictates foIcibly the depression, not tosay
distress, which &he west has recently I'M
dergone, and is en- evidence that not only
the price of leases should be reduced, but
that the purchase price of lands has, pos
sibIy, been too high. 1t is fact apparent
to those acquainted with the public lands
that the difference in minimum price be-
tween watered and dry lands is unreason-
able and without good cause. 1t is
deemed safe to theinterests of the state
TO make no arbitrary distinction on ac-
count of water, but with the same mini
mum as for dry lands, to provide for the
careful valuation of watered lands.
The prices now fixed for timber and
tinbered lands is also subject for care
fui examination.
There are several other matters con-
nected with the public lands to which it is
necessary to call attention, on most of
which the interests of the state require
that Legislative action be had.
IRRIGATION.
First in importance is the subject of
irrigation. The wonderful results in other
commonwealth through this agency are
insignificant compared 10 what is posi-
| hla from the rpa0urcaa of TEXAS With