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

Zllng to even our greatest judicial TIL
bunals. Indeed it does seem proper
that the courts should be given an
opportunity, without added complies
tons, to settle all the equitable and
legal rights of those who assert such
claims. Should there be any limo
cent purchaser for value, his rights
will certainly be protected. 1t is now
generally well known that ct cas-
80 per cent of all the lands the
state has ever granted for in
ternsl improvements is claimed and
held not by citizens but by foreign
syndicates and land corporations.
From the birth of Texas up to now it
has been her policy and law to pro-
hibit perpetuities and corporate owner
ship of her domain beyond limited
time in which they were to be sold to
private persons. Yet, in defiance of
all this, these lands remain in corpo-
rate control, and thus held they lay
like the shroud of death over the
future progress, prosperity and hap
piness of those for whom they were
originally intended by our fathers.
This is not sentiment but the truth,
and unless the courts can correct the
evil its reality will, in day to come,
cause all Texas grief.
RUSHED LANDS ON THE MARKET.
The certificates on which you pro-
pose to issue patents show, on their
face, that they include cali for "sid-
ings" and switches" as well as
"main track" This is notice to the
world, and no one can be an "innocent
purchaser" who buys one of them.
No doctrine is better established.
Again, it is reported that the Houston
and Texas Central has never given a
warranty deed to any certificate, pat
ent or piece of land; it simply gives
"quit claim deed" This, of itself,
shows lack of confidence in its own
title, and puts purchasers on notice
that something is wrong which can
be discovered on investigation. That
company is quite as responsible as any
individual, yet it fails and refuses to
do what plain business principles,
without reference to ga code of NOR
ais" require Of every citizen before he
can sell his land at a fair price, to
make warranty deed. This COM
pany, with its general land depart
ment in its offices at Houston, and
with agents in many parts of the
state, has, all ofa sudden, rushed its
lands on the market and wants to
unload them on so-called innocent
purchasers" by quit claim deeds.
Since | wrote to you on July 3rd
for that data, / am reliably informed
that this company, OF its assignee, has
procured patents to about l6O,OOO
acres of land, which it has doubtless
sought to palm off on credulous in
vestors in the usual irresponsible way.
For more than fifteen years its certifi-
Gates have been quietly lying in the
land office without any effort to pro-
cure patents on them until recently.
Why? Because the laws required it to
sell all its lands within given time
from the date of the patents If it got
no patents it could not be made to
ALLEVIATE. There seems to be no reason
why the state, under such circum-
stances, should be limited to thirty
days within which to assert her rights.
She has certainly been indulgent, and
in return could very well invoke that
high "code of morals which has ever
prevailed among honorable men,"
In due Difference, but with material
difference of opinion on law, propriety
and right as to the sacred interests of
the indulgent government, we each
have the privilege to represent, am,
respectfully, j. S. HoGG.
Attorney General.