The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-12
[FRoM SUNDAYS DAILY. !
Secretary of State.

Secretary Of State.
Three charters and one permit were
issued by the secretary Of state yes
terday:
The Myrtle Springs Investment
company was incorporated originally
under the name of the Texas Immi-
grafton and Industrial company, but
yesterday an amendment to the char
ter was filed, by virtue of which the
name was changed as above and the
names of John n. Reynolds, George
f. Childress and E. @. Wingo were
substituted for those of John McHoene,
e. ID. Sever nee and f. l., Burt on the
list of the board of directors.
THE College Heights Artesian Water
company was incorporated with a
capital stock of $40, 900 and with head
quarters in McLennan county. Di-
rectors: John Sleeper, George Diehle,
Seth Mills, w. j. Hobson and Bart
Moore, all of Waco.
The TeXarkana Furniture Manu-
featuring company was incorporated
with capital stock Of $50, 900 and
with headquarters in TeXarkana,
Bowie county, Texas. Directors: Jas.
Bryant, Robt. H. Bryant and Geo. l..
Bryant, all of TeXarkana.
* permit to do business in Texas
was granted yesterday to the Atlas
Engine works, incorporated under the
laws of the state of Indiana, with a
capital of $500, 900, for the purpose of
building, manufacturing and selling
engines, boilers, and machinery Of
every description, etc.
Legal.
Attorney General Culberson is back
from Scurry county, where he went
last week to try "The Bacon and
Graves case in the district court,
with Judge Cockrell on the bench.
The case did not come to trial, how
ever, the defendant making an appli-
cation for change of venue. The at
torney general announced "ready for
trial. but the application of the de-
PENDANT was granted, and the venue
of the case was changed to Mitchell
county, in Judge Kennedy's district.
The case involves 375, 900 acres of land
in Scurry and surrounding counties.
The attorney general, through his
office assistants, r. l.. Henry and
Frank Andrews, has just prepared
the answer of the state land commits
sioner in the case of S. d. CordOva,
particulars of which appeared in The
STATESMAN at the time of its being
filed. ~
This answer excerpts to the plaintiff
and says the Fifty-third district court
in which the case was filed has no
jurisdiction in the matter, because
plaintiff has not alleged in his petit
ton that he has obtained permission
from proper authorities to bring any
suit against the state of Texas; be-
cause the court has no control or juris-
diction over the official conduct of the
heads of departments of the state in
the performance of their official duties;
because the court has no authority,
power or Jurisdiction to issue or en-
force mandamus on an officer for the
performance or performance OF
any act which involves official discre-
ton.
The answer further excerpts because
the petition is insufficient in law for
the petitioner to have or maintain
any action against the defendant.
The answer further specially
excepts, stating that the petit
tion is insufficient, because
it fails to show by clear and une-
ouivocal averments that the land on
which his alleged certificate was To-
Gated was vacant, unapproprlated
and public domain of this state, and
because the certificate is vague, am
biguous, indefinite, verbose and un,
certain and does not definitely and
sufficiently plead any cause OF action.
The answer further specially, ex-
cents and says the petition fails to
show or disclose any cause OF action
because it shows the defendant is an