Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-17

% the state from the sale of any portion OF ne
same shall constitute perpetual scnool 1uno.
It would be impossible to convey thoughts In
AS an able writer says: SIN interpreting
clau ses we must presume that words have been
empioyed ia their natural ana ORDINARY meaning.
The Trainers of the constitution and the people
who adopted it must be undefstoou U nave EN-
pioyed words in their nataral sSHsei ana 10 nave
understood what they meant. rms is but saying
that no forced or unnatural construction is to be
put upon their language" Cooley Const.
Another said: t'My rule has ever been to fol-
low the fundamental law as II Is written re-
gaTdless of consequences. II the law does not
work we'll the people can amend H. and lncon-
venience can he horne long enough to await that
process. But If the legislature or the courts I'M
dertake to cure defects by iorceu anu uhnatural
constructions, they infiict wound upon the
cons tuition which nothing can neal. oakley
VS.. Aspinwall, n. Y, sos.
Each of the four provisions OF said section is
independent of the other and can stand alone
Strike out the first, and the second is good.
Eliminate the first and second 1 ana the third ira
would stand. Leave all those three out, and the
last cannot be affected. Let them all remain,
and consistency and harmony prevail.
Adherence TO the Plain words So, OF tne e9nstltu
for the unclouded intent to be round In them,
world give to the perpetual pubic free school
fund of Texas in addition to its alternate sec
tons one-haf interest in every foot of land held
by any private corporation under the state ac-
quired since the present constructor TOOK effect
Even in the result of the court own rule by
which the cone half clause was intended to be
given effect, the school fund was greatly the
leaves the school fund s, 282 l53 acres short of
one-half of the public domain not consumed by
specified appropr ations under the direction OF
the constitution - In view OF the admission by
the court and the declaration by the legislature
in esq, when it repealed the law granting lands
to railways because the puphf DOMAIN mas
been exhausted, - it might again be pertinently
asked what does the court mean When IT says:
9Th at the object of the clause granting one-haf
of the Iublic domain to the school fund was to
md hOl no control
ever portion Of the public domain remained after
the execution of the enumerated purposes?''
AS the school fund by the courts rule gets
s. 900, 900 acres less Than nothing from the lone
half clause, then it is difficult to understand
what is left for that provision TO D, reach and
hold beyond legislative control. The opinion
argues that it has been ignored by the leglsla-
lures, executives and commissioners; that they
have maintained different construction ftom
the one contended for by the state, and it adj
vanCes a rule by which that clause shall be put
in force.
tive, useless-of no effect The enumerated
purposes of railway grants, homestead
grants, the state capitol and university grants,
not satisfied until the public domain was
exhausted. according to the declaration of the
Legislature in 1882, when the law authorizing aid
to railways was repealed; and there was no pub
lie domain left for it to ''reach and hold beyond
legislative CONTROL
In passing on another provision of the consti-
tuition in this case (not raised by the pleadings
or factsl this court says: at ought to be given
some effect rather than to make 1t mean ngless
not that important one-haIf' clause been
made meaningless and surplusage?' T. not,
has effect been given it; and If so how and in
what way? Counsel for the state cannot propose
an answer.
oubtless, however, this question is effect
lively answered by declaration of the court IN
concluding its discussion OF the division on the
"one-half' plan, wherein II says: 1t will be
conclusively presumed that through such di-
vision the school fund has acquired all Of the
public domain that it was entitled to under the
constitution The right to 'one-haif'' in the
beginning is admitted, and 500O, 900 acres loss
by the court s rule is declared in the end. The
amount now to be forever settled by the con-
elusive presumption of the court! In behalf of
justice, of every rule and principle of equal
and reason, why could not such presumption be
INDUCED IL behalf of the public free school
fund?
In the fountains of patriot hearts the spirit of
public education was enshrned, consecrated.
From the minds of prophetic statesmen it leaped
forth and took shape in the thought of Texas
manhood. 1t was laid Il corner stone among
the bed rocks of the republic upon which the
structure of a great state was to rest. Deeply
set in the organic instrument that gave protec-
ton 10 all that to follow it has ever so re-
manned unmoved, and by all admitted the
one grand foundation in which ''the preserva-
ton of the liberties and rights of the people,
took succor and found life. Year after year it
has grown without graCeless hand to smite it
a rancorous breath to blight it; but now, at
the Threshold of its vigorous maturity, when it
demands rights under the constitution, other
claims are made paramount to its cause.
Equality, justice, law and princip es of con-
stltutional supremacy invoke yet recognition of
its prestine purity in its demands for what of
right belongs to it.
Most respectfully submitted with the confd-
ing hope that this court will take all the time
demanded by the importance OF the ssue to re-
view each of the constitutional and legislative
provisions and the executive and judicial in
terpretations herein referred to, so that what is
law may be declared by an undivided bench in
this case. J. S HoGG,
Attorney General.