The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-12-11
NEwsY NOTES PICKED UP IN THE
STATE DEPARTMENTS YES.
TERDAY.
Items of Interest for the People and
Onicials-Figures and Opinions
for County officials.
EXECUTIVE OFFICE.
TERDAY.

NlCHOlSOu vi MdIllIl, ~. .. I1drulu Vi
Mexia, E. H. Ropes of Corpus Christi,
III. w. Andrews and w. H. Booker of
San Antonio.
The governor committed to expire
on the 31st inst. the three-year
sentence of John Dill of Tarrant, in
for theft. Also, John Shields of Hop
kins, in for five years for horse theft,
to two years.
The special taxes in the unorganized
counties of Buchell and Foley, to pay
their pro rata of the debt of Preside
county, to which they formerly be-
longed, have been designated and the
difficulty OF their settlement done
away with.
CoMPTRcLLER's DEPARTMENT.
The following is the text of an i'm
portant decision on matters connected
with the comptroller's department in
the supreme court:
]. S. Ramsey ct al, appellants, VS.
The State OF Texas, appellee, from
Travis county. The appellant was
tax collector OF Bexar county. AS
such he sold certain lands for taxes
which were purchased by the State.
The State did not pay the collector
his costs or commission. Suisse
quently the owner redeemed the lands
by paying to the collector double the
amount for which they were sold. The
tax collector paid to the State the
amount received, after deducting
double the amount of his own
costs and commissions. The
State contends that he was
entitled to retain no more than the
original amounts of costs and commits
sions due him, and instituted this suit
against him and the sureties on his
official bond to recover the excess.
Judgment was rendered in favor of The
State, and defendants appealed. 1t is
contended that The State having re-
ceived double the amount of taxes for
which the lands were sold has received
its full share of the exemption money,
and the costs never having been paid
by it constituted no part of the pur-
chase money paid by The State for the
lands at tax sale, but the costs, so far
as they become a part of the pur-
chase money, having been contributed
by appellant, he was entitled to retain
pro tanto the redemption money
paid him on account of his
costs, the cent per cent thereon
being his compensation for delay in
receiving his share OF the purchase
money (costs). When an individual
purchases land at a tax sale he must
bid and pay to the collector sum
sufficient to pay the taxes and the
costs due the officer. In the case of
Dean vs.. The State (54 Texas), it was
decided by this court that when the
state becomes the purchaser the statute
does not intend chat the fees and
costs shall in the first instance be adj
vanced by the state" 1t is there said
that "when the lands bid in shall have
been redeemed by the owner the pre-
viously unpaid fees and costs, and
which are included in the price OF the
redemption, will be held by the state
for the collector. If, however, the
lands shall not be redeemed by the
owner, then it would rest
in the wisdom Of the legislature to
provide some mode Of compensation for
him" The law seems to place the
state so far as its being a purchaser is
concerned, and its right to the re-
demption money paid by the owner,
in the same position that any other
purchaser occupies. No provision is
made for the officer to receive interest
or double costs and fees. The decision
above referred to makes a substantial
difference in respect to costs and fees
due the officer, between q purchaser
by the state and an individual, with
regard to the collection OF, but not as
to the amount OF such costs and fees
If an individual purchaser, they are
paid at once; if the state purchases
and the land shall be redeemed by the
owner, no provision is made for their
payment at all, and if it is redeemed
they are not paid until that is done,
and then without interest.
The case strongly suggests the pro-
priety of some legislation upon the
subject, making an equitable provision
about fees and costs due the officer in
such cases. The judgment is affirmed.
HENRY, Associate Justice.
November 25, 1890.
The comptroller registered $1,000
Eagle Lake public school house bonds.
SECRETARY OF STATE.
The following charters were filed
yesterday:
Tie Texas Iron Rolling Mills Of
Fort Worth, capital stock, $4,000.
Incorporators, J. E. Beach, George b.
Hearcks, William Capps.
LAND OFFICE.
The sales of school and asylum
for the month of November amount
to 1921 acres and timber sales $3.50,
making total of S8,071 acres.