The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-11-12

, executive officer of the state and
could not be and is not therefore liza.
bic to plaintiff for any damages on ac-
count OF the matters and things al
legged by reason of his official conduct:
because the petition fails to allege any
facts by which the court could ascer-
tain or measure the damages to which
plaintiff may be entitled should it
hold defendant liable, and wholly
fails to state any facts emitting dc.
PENDANT to damages against the de-
PENDANT and does not allege any elc-
ments Of damages.
The answer denies all and singular
the allegations in plaintiffs petition
contained, and specially an
swcring, defendant McGaughey,
commissioner shows the court
that the land filed on as
alleged is and was at the time of the
filing of the PLAINTIFFS application for
a survey and location of said land, APP
propriated domain OF the state and
has continuously, ever since the fling
of said application been such. That
on the Odd of December, 1882, the COM
missioner of the general land Office of
the state of Texas issued Confeder-
ate scrip land certificate for 1850 acres
to f. G. Hairless, the number Of which
is 2O5S, and that on or about Dec, ~,
1882, Hairless conveyed and assigned
the same to one William Won Roson-
berg. Won Rosenberg, on or about
Jan. l, 1888, in accordance with law,
filed his application with II. II. Luck
EFT, county surveyor of Runnels
county, Texas, to have surveyed and
set aside 1853 acres of land out of the
vacant and unappropriated public
domain in Runnels county, the appli-
cation being filed long prior to the
fling of the plaintiffs application as
alleged in his petition.
Defendant further shows that said
Won Rosenberg fully complied with
on the I'd day of October. 1854,
provided for the survey and setting
aside of 1880 acres for the use and
benefit of the public school fund,
which was properly and legally per-
formed.
Defendant further shows that the
commissioner of the general land Of
flee, having never declared the Won
Rosenberg location void, and the same
was not therefore and is not now sub.
ject to location.
Defendant further shows that he
could not declare the location of the
said Won Rosenberg invalid without
the exercise of official discretion, and
this he has not done. He has, how
ever, by the exercise of official discre-
ton, held the location and application
Of the plaintiff to be void and has de-
clined to recognize them as valid and
binding, and further says that the
court has no power to issue or enforce
a writ of mandamus against an officer
of this State TO compel him to do an
act involving official discretion.
Defendant further shows that the
land described in the PLAINTIFF IS petit
ton is titled and appropriated land
under the constitution and laws of
this State, and is not now, and
was not at the time of the filing
if PLAINTIFFS application as alleged in
her petition, subject to location or APP
preparation by plaintiff or any other
person.
The Comptroller.
The collectors of the following
counties have made their reports ana
remittances for October Chambers,
Clay Coleman, Concho Crosby, Floyd,
Galveston, Hall, Harris, Hidalgo,
Kerr, Kimble, Lamar, Lubbock, Nc
Culloch, Menard, Newton, Pamela,
San Patricio and Titus.
The revenue deposits for yesterday
amounted to $5515.75.
Bexar county paid yesterday 5000
interest due November / on bonds
held by the school fund.
The comptroller registered $4,000
Rockport street Improvement bonds
yesterday
The Railroad Commission.
Permits to adopt the Western class
ification committees ruling dated
Chicago, Oct. 81, 1891, were granted
yesterday, to the International and
Great Northern and the Galveston,
Harrisburg and San Antonio.
The commission issued circular
yesterday amending commodity tariff
No. 10 by adding thereto the follow