The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-06-13

l.lA1
Surveys made for the State University
under grant made by the Constitution
s OF lS76 e. a. 100000
de-, the act Of April 10, 1888 10000,
building of the state ca Iito........ 3OJ0OC
Lsnus s9id under the act OF July Id, 1879 So43,lG
| Surveyed and eet apart for counties as
| county school lands under acts of
o other prior laws ."....." 1887
act of April 16, lSSa..."..."......."-.. 10000
Total surveys for all purposes since
| April 10, lS76"."..... ...... 80. z, 1861, ~
Third-That of said 54,713,74l acre
surveyed by virtue of certificates anc
scrip, there have been returned for tn,
benefit of said common school fund il
alternate sections surveyed by virtue of al
ternate scrip issued to railroad and Other
corporations 20,967,1 1919 acres and nc
| more.
| Fourth-That of said 54,713,74l acres
of public domain surveyed by virtue OF
certificates and scrip as aforesaid, there
| were surveyed under and by virtue of
what are known as Confederate scrip,
BAL, 156 acres, of which there wore re-
turned for the benefit of said common
schoo! fund 1,705.578 acres and no more.
Fifth-That said 20,967, 1919 acres sur
Veyed by virtue of alternate scrip issued
to railroads and other corporations and
returned as aforesaid for the benefit of
the common school fund, and said 1906
67S acres surveyed in alternate sections
by virtue of Confederate scrip and re-
turned for the benefit of said common
school fund, and said 1,0eO,-
mon school fund under said act
of April 10, 1883, together with
176,493 acres surveyed and returned for
the benefit of the common school fund in
the years 1876, 1877 and 1878, making in
the aggregate 23 887,535 acres constitutes
all the lands of said II, 961,277 acres of
public domain that has been surveyed,
and the field notes of which have been re-
turned to and filed in the general land
office Of said state for the benefit of the
common school fund of said state since
the said 18th day of April, 1876.
Sixth-That of said 54,713, 741 acres of
public domain surveyed as aforesaid by
virtue of certificates and scrip there were
surveyed and the field notes of which re-
turned to and filed in the said general land
Office for the benefit of railroads and
other corporations and individuals, 3d.
$4,000 acres.
Seventh-That said 1861 PIT acres of
public domain that had not been appro-
priated prior to said 18th day of April,
1876, and which has been surveyed and
the field notes of which have been re-
turned to and filed In said general land
office since said 18th day of April, 1876, as
herein before stated, constituted all the
public domain of the state of Texas that
was unappropristed and belonged to said
state Immediately preceding the said 18th
day of April, 1876,
Eighth,-'rhe lands sued for In this
action We're located and surveyed at the
time and in the manner and by virtue OF
alternate railroad scrip issued to defend
ant in the year 1877 as alleged in plain
tiff's original petition fled in this cause.
Ninth.-That there has been no parti-
ton of said 1851 PIT acres of public do
main or any part thereof other than as
heEeip stated.
Tenth.-That of the lands that oonsti-
tated the unappropriated public domain
of the state of Texas Immediately before
the taking effect of the present Constitu-
ton of said state, as much as one-half of
same remained unsurveyed on the 18th
day of December A. d. 1873 after the SEQ.
tions part of which are sued for III this
action and the a,terna.es thereto had
been surveyed for defendant.
Eleventh.-That defendant ANS no
rented, occupied or used the Ian Is in @ n
troversy.
j. s. HoGG, Attorne " yeneral,
l.. d. BROOKS, for State.
Either party may introdr zoe any othe
evidence pertinent 10 the use,
s. p. HILL, Attorney fyr defendant.
The State of Texas va. the CT weston, Harris bar
and San Antonio Railway Smpany In DistriC
Court Ira is county.
This is a suit broug Il by the attorney
general in behalf of 1e state in the form
Uf,an action.of tresp ASS to try title, the pur
pose of which Is to, have determ ned tn
| right of the state for the use and ben eff
of the public sch col fund to an undivide
half interest in .orty sections of land ST
uated in Crock EFT county.
By sgreeme TT of parties the venue ha
been chanReTI from the district court
Val Verde @ Junty to this court.
In subst Ance, the petition alleges tha
before nd at the time the present Cor
stitution of the state took effect, the fort
section q of land described in the petltlo
was p art of the unappropriated public dC
mairi of the state, and that, as such, by tn
exp ress terms of that instrument, an III
divided half interest therein wa
set apart ard appropriated
the, public school fund OF th
istste; and that subsequent to that TIM