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

poItant and available streams for the
purpose in view have their sources beyond |
the borders of the state, and priority of
time in securing vested rights in the water
privileges may be all important to the
Texas enterprises.
MINES AND MINERALS.
Next in importance to irrigation, per-
haps, is the subject of mines and
minerals.
The laws now on the statute
books, if operative at all, are
totally inadequate to encourage the miner
or protect the state. Prospectors have no
security that they will enjoy the benefits
of their discoveries or be secured even in
the possession of necessary Improvements.
While such uncertainty exists capital can
not he engaged even for the working of
mines heretofore sufficiently developed to
assure rich returns. The consequence is,
this important industry languishes, and
untold wealth must continue to lie buried
until wholesome law quickens the energy
and means which are to lift it into light.
If Section VII, Article XIV of the con-
stitution, which says, "The state of Texas
hereby releases to the owner or owners of
the soil all mines and minerals that may
be on the same, subject to taxation as other
property" relates to land alienated by
the state since the adoption of the consti-
tuition the same as those alienated before,
then with the land goes the minerals, and
it is imperative that some method be
adopted for the designation of mineral
lands and their withdrawal from the
market, or else provision be made for
their classification and their sale upon
such terms and conditions as are judi
cious.
LAND TITLES.
Litigation in more than one Judi
cial district has SO resulted as
to cast a doubt upon the validity of a
large majority of the sales of land made
by the State Land board under the act of
April ~, 1888.
The good faith of the purchaser, his
strict compliance with all the rules and
regulations prescribed, count for nothing.
But after all these years his title fails ut
terly, and through no fault of his; the
court holding that the omission of the
Land board to have the lands classified
and appraised, as required by law, and
tabulated lists filed with the proper Off
Ger; the failure to have the lands sold
by competitive bid by this officer;
or the failure to sell in the county or
district where the land lay, any or all of
these are sufficient to make the sale void.
In other words, the state gave the pur-
chaser nothing for his money.
1t is now a simple act of justice that
these purchasers who, acting in good faith,
have complied with the law as far as per
mitted, should have their titles confirmed
/ and all doubts and uncertainties removed
The moral relations of the state to these
purchasers, whose lands have been de-
clered forfeited, is another subject fol
serious consideration, in view of the fact
that the stats never gave them title.
GREER COUNTY.
After the preparation for sale and leas,
of the lands in Greer county, by having
the same surveyed and classified, further
action was suspended under the apprehen
sion and belief that it would be detrimental
to the interests of the state. This sus
pension was also in obedience and out o
respect to the proclamation of the presi
dent of the United States forbidding jus
such action as was contemplated. More
over, this department was unwilling to as
sumo the responsibility of proceeding
further until the legislative will shall hav
been more explicitly indicated. The pop
F1lation of this county, already amounting
to several Thousand, is increasing rapidly
| Not an acre of land therein is sub ject t
! taxation, nor has the settler any RICH
save the right derived from possession q
\ an underlined, undescribed portion, with
out limits, metes or bounds which are O
/ record. This state of things should NO
be allowed to last. If the delay is pre-
\ tracted, confusion and strife may follow
and the results be lamenteble indeed.
| HARDEMAN, oHILDREss AND ooTTLE
COUNTIES.
There is another subject of local il
terest az we'll as public
which attention is here called wit
the hope that the legislature ma
think proper to act.
The following extract from the pro
ceedings of she state land board is sub
mitted by way of explanation, to wit:
| OFFICE OF STATE LAND BoAED, !
| AUSTIN, Tex, August II, 1886.
4 The state land board met at 10 o'cloc
a. m.
/ Present-Hon. j. w. Swain, comptrol
Ter; Hon. W. O. Walsh, commissioners gen
eral land office; Hon. j. d. Templet0n, al
torney-general; Randolph Laurence, sec
Getary.
The board on proper molten, after con
sidering the report of T. @. Thomson
state surveyor, dated July 25, 1886, relst
ling to the excessive acreage found to OK
ist in block II, Western and Northwestern
Railroad company surveys in Hardemal
county, in running from section No. Il
No. 1872 of said block, decided to adher
to their original instructions regarding
the observance of marked corners on tn
ground, and that any excess of acreag
found between the marked corners indi
Gated in said report should be distributed
equally to the surveys embraced between
such marked corners, and that he oontinu
his work upon this principle until directed
to the contrary by the board.
f. n. LUBBOCK,
! Chairman State Land Board
Approved: RANDOLPH LAURENCE,
Secretary State Land Board
In obedience to the above instructions
block II, Western and Northwestern Rail
road company, in Hardeman, Cottle ant
Childress counties was resurveyed. Set
Elements were numerous and rapid enC
Improvements made in conformity With
| this eurvev Tn 1897 when nate1ta war;