The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-08-15

as other portions of the "Trust BILL" Your
duty is to enforce all provisions of the law,
without respect to class; and as the COM
mittee ask you the plain question on a
statement Of facts showing that the in
tended organization has for its object
violation of the statute defining and pro-
hibiting the like, you should warn them of
the consequences if the combination should
be perfected. Very truly,
[Signedl J. S. HoGG,
Attorney General.
From Wednesdays Daily.l
GENERAL LAND OFFICE.
Commissioner Hall has addressed the
| following letter to the county clerk of
| Wheeler county in regard to purchasers of
school lands sold under the act of April r.
1888:
The purchasers of the lands embraced in
| this list all obligated themselves to settle
upon and improve the same, and to make
their homes thereon in good faith and to
continue residence for three consecutive
years from date of settlement. Those pur-
chasers who have failed to comply, and
consequently cannot furnish this proof, are
advised if they wish to secure the land not
| to rely upon their former purchase, but to
take such steps as are necessary to secure
title under the present law. If this advice
is taken now they may protect themselves
from loss resulting from making further
payments to the state. Each purchaser
should determine to act promptly if he has
not complied strictly with his contract of
| purchase.
l. Without having been classified and
valued.
2. Without a tabulated list having been
| filed with the county surveyor.
3. Without competition; that is, were not
sold to the highest bidder at the court
house door at public cutlery.
4. They were not sold in the county in
which they lie, but were sold in Austin by
the state land board.
All this is shown by the records of this
office. 1t has been explicitly declared by
the supreme court that all such sales were
absolutely void, and that no title passed
from the state to the purchaser. (See
Taylor vs. Burke, 66 Texas, 643; Martin VS..
| Mccarthy, Tyler term, December 4, 1888;
and State vs. Carl Opperman, Austin term,
May %, 1889.
The act of March ~, 1885, validates all
sales made wherein the purchaser has COM
piled with his contract of purchase. This
act, however, especially excerpts and ex-
cludes from its operations and benefits
those sales made to purchasers who obi
gated themselves to settle upon and improve
the land unless said purchasers or their
assignees have faithfully carried out their
contracts to purchase and strictly complied
with the rules and regulations of the land
board. This act also provides especially
for assignees who were 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 the lands embraced in the en-
closed list are still in the state, except in
cases where the purchaser 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 for sale under the
present law Steps to this end will be
taken without unnecessary delay. 1t is ap-
parent not only the advantage of the state,
but of all persons interested in any way in
any of these lands would be best subseryed
by the hearty assistance ond cooperation
of such persons. With their assistance II
should not be difficult, nor should much
time be required, to adjust and remove all
difficulties and uncertainties now connected
with these titles. By this the general well
fare of the state will be advanced and the
prosperity and development of many coun-
ties accelerated.
The simplest method of proceeding would
be for the purchaser to relinquish to the
state by deed or to permit his land to re-
vert to the state by Withholding the interest
payment due on August / next Where
any of these lands, title to which is in the
state, have been entered upon and are now
occupied 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 preference right for a
period of six months from the time the
same shall have been appraised, ETC., to
purchase (See section s, act of April g.,
1889, page 81, General Laws Twenty-first
legislature.)
1t is held by this department that the act
of March IL, 1889, validates all sales made
by the land board where the purchaser did
not obligate himself to settle upon the
land. Respectfully, r. M. HALL,
Commissioner.
SECRETARY OF STATE
The following charter was filed to-day:
The Consolidated Hale association, of
Beaumont, Jefferson county. Object: Char
table. Incorporators: S. Lederer, w. A.
Ives and o. J. German, residents OF Jefier-
son county
The Edgar Manufacturing company, OF
= Ohio, filed certified copy of its charter;
capital, $4,000.
LAND OFFICE.
: There is a perfect boom in the sales and
lease department, presided over by Mr.
Lawrence. From the way applications are
coming in it is estimated about 1OO,OOC
=
ent month.
A copy of the Weekly Monitor, of Bridge
ton, Nova Scotia, has been received, speak
ing in high terms of the late f. l.. James
who was native of Bridgeton and for
many years connected with the land de-
partment of the state government.
AGRICULTURAL DEPARTMENT.
; The statistics of the town of Denton are
= in. They make the population $500 against
600 in 1870. Assessed property values
81, 100000 in 1888 against 100000 in 1880
r Total mercantile transactions in 1888, abou
E 81, 10000. Bales of cotton handled, 5000
7 Wool, $500 pounds. Hides, 1900 pounds
The amount of public Improvements II
18S8was $4,000.
Z Commissioner Foster is still absent in the
f west, along with State Geologist Dumble
ATTORNEY GENERALS OFFICE.
E Attorney general Hogg has gone to Tyler
AMI Mr.. Oliver, clerk in the office, ha'
a taken a run down to Laredo for few days
i Judge Harrison and Mr.. Craddock are run
. ming things until the chief returns.
e Browns Iron Bitters S specific in al
e cases of swamp fever, intermittent fever an!
t malaria of any name. Low marshy ground
~