The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-08-01


of the lands embraced in this list all OBJ
ligated themselves to settle upon ana i'm
prove the same, and to make their homes
thereupon in good faith, and to continue
residence for three consecutive years from
the date of settlement.
Purchasers who can furnish proof of
compliance with this obligation of settle
ment are advised and requested to DO so.
Blanks are herewith furnished you for this
purpose.
These purchasers who have failed to
comply and consequently cannot furnish
this proof are advised, il they desire 10 Sc
cure the land, not to rely upon their former
purchase, but to take such steps as are
necessary to secure title under the present
law. II this advice Is taken now, they
may protect themselves from loss result
ing from making further payments to the
state, aud each purchaser should determine
and act promptly il he has not complied
strictly with his contract of purchase.
The lands referred to herein we're sold
1. Without having been classified and
valued. 2. Without a tabulated list hav-
ing been filed with the county surveyor.
8. Without competition-that is,were not
sold to the highest bidder at the court
house door, at public outcry. 4. They
were not sold in the county in which they
lie, bat were sold in Austin by the state
land board. All this is shown by the rec
ords of this Office.
1t has been explicitly declared by the
supreme court that all such sales were alb
soiutely void and that no title passed from
the state to the purchaser (see Taylor VS..
Burke, Sc h Texas, page 643; Martin VS..
McOarty, Tyler term, December 4, 1888,
and State VS.. Carl Opperman, Austin
term, Msy %, 1881.
The act of March IL, 1889, validates all
sales made wherein the purchss or has
complied with his contract of purchase.
This act, however, especially excerpts and
excludes from its operations and benefits
those sales made to purchasers who obi
gated themselves to settle upon and i'm
prove the land, unless said purchasers or
their sssignees Rave faithfully carried out
their contracts to purchase, and strictly
| com piled with the roles and regulations
of the land board.
This act also provides especially for
assignees who we're actual settlers on the
first day of January, 1889. Blanks are
sent you for such assignees. From the
above it will be seen that the titles to all
lands embraced In inclosed list are still in
the state, except in cases where the pur-
chaser can make the proof of settlement,
as herein requested. 1t is the duty of
this department to assert the right of the
state to such of these lands as may still be
the property of the state, and to prepare
| them fJr sale under the present law.
Step, to this end will be taken without
III nect ssary delay. 1t is apparent that
ne only the advantages of the state, but
of pers ons interested in any way in any
OF ese lands would be best subserved by
the hearty assistance and cooperation of
such persons. With their assistance, it
should not be difficult, nor should much
time be required to adjust and remove all
difficulties and uncertainties now con-
nected with these titles.
By this the general welfare of the state
will be advanced and the prosperity and
d,v ,lopment o many counties accelerated.
The sim plest method of procee din g
would be for the purchaser to relinquish
to the state by deed, or to permit his land
to revert to the state by Withholding the
interest payment due on the first of August
next.
Where any of these lands, title to which
lis in the state, have been entered upon
and are now coupled by settlers claiming
adversely to the old purchase, the legal
rights of said settlers will be protected.
Such settlers as were residing upon any
of said lands on July 6, 1889, have pref
erence right for period of six months
from the time the same shall have been
appraised, etc., to purchase. (See section
8, act of April 8, 1889, page 81, General
Laws, 21st Legislature.l
1t is held by this department that the
act of March ~, 1889, vslidates all sales
made by the land board, where the pur-
chaser did not obligate himself to settle
upon the land.
Respectfully,
| R. M. HALL,
/ Commissioner,