Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-01-03
LAND TITLES

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regulations prescribed, count for nothing
But after all these years his title fails
utterly, 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 purchaser
nothing for his money.
1t is now simple act of justice that
these purchasers who, acting in good
faith, have complied with the law as far
as permitted, should have their titles
confirmed and all doubts and uncertain
| ties removed. The moral relations of
the state to these purchasers, whose
lands have been declared forfeited, is
another subject for serious consideration
in view of the fact that the state never
gave them a title.
GREER COUNTY.
After the preparation for sale and lease
of the lands in Greer county, by having
the same surveyed and classified, further
action was suspended under the appre-
mental to the interests of the state. This
suspension was also in obedience and out
of respect to the proclamation of the
president of the United States forbidding
just such action as was contemplated
Moreover this department was unwilling
to assume the responsibility Of proceeding
further until the legislative will shall have
been more explicitly indicated. The pop
ulation of this county already amounting
to several thousand, is increasing rapidly
Not an acre of land therein is subject to
taxation nor has the settler any right
save the right developed from possession
of an underlined, undescribed portion
without limits, metes or bounds which
are of record. This state of things should
not be allowed to last. If the delay is
protracted, confusion and strife may fol-
low, and the results be lamentable in
deed.
HARDEMAN, CHILDREss AND CoTTLE
COUNTIES.
There is another subject of local interest
as well as public, to which attention is
here called with the hope that the legis-
lature may think proper to act.
The following extract from the pro-
ceedings of the state land board is sub
mitted by way of explanation, to-wit:
OFFICE OF STATE LAND BOARD,
AUSTIN, Tex, Aug. II, 1886
The state land board met at 10 o'clock
a. m.
Presentation. J. W. Swain, comptrol-
Ter; Hon. w. G.. Walsh, commissioner
general land Office: Hon. J D. Temple
ton, attorney-general; Randolph Laur-
ence, secretary,
The board on proper motion, after
considering the report of T. c..
Thompson, state surveyor, dated July
25, 1866, relating to the excessive
acreage found to exist in block
II, Western and Northwestern Rail
road Company surveys IN Hardeman coun-
ty, in running from section No. l to
No. 122 of said block, decided to adhere
to their original instructions regarding
the observance of marked corners on the
ground, and that any excess of acreage
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 con-
tinue his work upon this principle until
directed to the contrary by the board.
F. r. LUBBOCK,
Chairman State Land Board.
Approved: RANDOLPH LAURENCE,
Secretary State Land Board.
In obedience to the above instructions
block II Western and Northwestern Pail
road Company, in Hardeman, Cottle and
Childress counties, was surveyed. Set
Elements were numerous and rapid and
improvements made in conformity with
this survey. In 1887 when patents were
demanded by the railroad company, they
were refused. The distribution of the
excuses in the manner prescribed by the
board resulted III making many of the
railroad sections contain more land than
the certificate entitled them to cover.
Hence, it was required that they be re-
duced to the proper size and the whole
excess left to the school sections This
was accomplished without interfering
materially with the improvements of set
tiers. But as it now stands the school
sections contain more land than could be
properly and legally surveyed therefor by
virtue of the same certificate.
Hence, it is suggested that an act be
passed confirming to the school fund these
excuses and ratifying the survey as it
now stands.
The acts of 1888 and 1887 make no pro-
per provision for the sale of sections that
are excessive, which is also a matter
needing remedy.
There are hundreds of such sections in
all parts of the state. Where patents
have issued the matter is beyond the con-
troll OF this office, but where the exist
ence of the excess is discovered before
the issuance of the patent the purchaser
should be required to pay for such ex-
cess, when patent should issue for the
section as it stands. This would nure to
the benefit of the state, accommodate
the purchaser, and relieve the law Of
technicality which is useless.
In conclusion, the hope is confidently
expressed that the legislature wiz care
fully scrutinize and review the subjects
of public lands and titles with a view of
correcting the errors and omissions of
past laws, and of the executors thereof
and upon basis which recognizes good
faith and honesty of intention on the part
of the person dealing with the state, TO
take such action as viii heal the oInis-
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