Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-25

SptSlal W tue HdZebbe.
AUSTIN, TEX, June e4.-The following
correspondence explains itself:
AUSTIN TEX, June 10, 1891.
Hon. c. A. Culbers6n, Attorney General, Aus
4yftn, Tex:
EsDEAR SIR-As will be seen by the inclosed
letter OF Maddox Bros. & Anderson, this
department has refused to issue patents to
land surveyed by the surveyor of Preside
county outside of his county for the reasons
stated in the inclosed letter. 1t is claimed
by these gentlemen that inasmuch as neither
of the new counties created out of the terri
tory of Preside county, has organized as a
separate land district, that the surveyor of
Presidio county is the proper surveyor of
these counties until they organize as sepa-
rate land districts; and they claim that
article 1892 Revised Statutes, authorizes
the county surveyor of Preside county to
make surveys in these counties. This l re-
spectfully deny and insist that article 1893
has no application in cases where territory
is taken from On old county to form q new
one. but that article refers to county
newly organized, which had before formed
a part of larger district. Until such county
establishes her boundaries as required by
act of 1879, page 131-it remains Il part of
the land district to which il was formerly
attached by law. In case u county which
has formed part of land district orga-;
by article 1856, Sayles' civil statutes. l stSsel
furthermore that, when county which
formed part of larger land district, orga-
nizes and selects a surveyor, who gives
bond and takes the oath prescribed by law
and procureS the maps. etc, OF his county,
as required by article 1854. Revised Statutes,
after that time no surveyor, other than
the one so selected and qualified, can law
fully survey within the limits of such
county. In support of this proposition see
articles 1854 and 3S55-latter part of article
3S49, and that of article 1892, Revised Stat
utes. The latter portion of article 3S49 reads
as follows: whenever any county may
elect a county surveyor who shall have quail
flied and given bond, and who shall have
procured the maps and records required by
law, the district surveyor, within whose
district such county may have been or may
be at the time, and his deputy, shall cease
TO exercise any official acts within the
same" For election and qualification of
surveyors, see articles 1884 and 1885, Re
vised Statutes. In February, 1887, Brew
ster county organized and elected her Off
GERS: the surveyor has procured the necessa-
ry records and has given bond and taken the
oath prescribed by law. 1t Is not thought
that the surveyor of Preside county can
lawfully survey within Brewster county
since that county has elected surveyor
The effect of the proposition taken by
Maddox Bros. & Anderson is that the act of
the legislature of 1887, which created out OF
the territory of Preside county the counties
of jeff Davis, Brewster, Buchel and Foley,
created Preside land district anu attached
each of the newly created counties to Pre-
sidio county for surveying purposes. This
proposition finds no sanction in law. All land
districts are created by the legislature.
[See Sayles Civ. Stat, Arts 3S93 to 3S33m.
1t is doubtless true that until the iuhabit-
MI M the fnf.litOrv embraced within tho
new counties created out of the territory Of
Preside county exercised the privilege
which had been granted them by the legis-
lature by organizing their county govern
ment, they remained subject to the
dominion of the government of Pre-
officers of that county, done in the perforul-
ance of their official duties within either of
said new counties prior to their organ
ization, would be legal and valid
TSee Reeves County vs.. Pecos County, 69
Tex, III 1t follows then that the converse
of this proposition is true, and when either
of the new counties exercised the privilege
granted by the legislature by. organizing
their county government, they would
no longer remain subject to the dominion OF
the government of Preside county, and the
acts of the officers OF that county, done in
the performance of their official duties
within either of the new counties aforesaid,
after its organization, would pc illegal and
void. OF the new counties created out Of
the territory formerly embraced within the
boundaries of Preside county-Jeff Davis
and Brewster have acquired corporate ex-
istence by perfecting the organization of
their respective county governments. Fo-
s}a1EkG Buchel have not yet organized, and
For this reason, with others, IL Is claimed
that the surveyor of Preside county is the
surveyor of these last named counties. If
4
of Presidio county, the legislature thereby
creased Preside land district and consti-
tpted the surveyor of Preside county the
:district surveyor, it is also true that this
surveyor has not surveyed his county boun-
daries and cannot be and is not recognized
as district surveyor by this office. ISee
section 10, acts OF 1879, page i3S. At the
time the new counties were created out Of
the territory of Preside county, that
county had organized as separate land dis
trict. Chap. "A, acts of 1859, attaches the