The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-06-02
THOSE SIDING SUITS.
The Hon Sam Bell Maxey Carefully Re-
views the Case.

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views the Case.
Ex- United States Senator s. b.
Maxey had long letterin yesterdays
Galveston News thoroughly review
ing the Val Verde suit, which he
closes thus:
The court, however, very kindly in
dictates on page sos how a petition
might be framed. 1t says when GER
tificates have been issued for sidings
alone the simple remedy is to declare
them void and give Judgment for the
recovery of the land. "When certifi-
Gates for the railroad proper and GER
tificates for the side tracks are blend
ed in one series and all the lands are
still claimed by the company the
remedy would seem to be to reform
the grants in one proceeding and to
recover upon equitable principles
the entire excess" But how is
it when all the lands are not
claimed by the company? How
is it when all or any part of
these lands have passed by purchase
and conveyance? Evidently every
party in interest must be made par
ty to the record before any effectual
Judgment or decree can be rendered,
and thus if the state were to proceed
every person owning any section or
part of section down to town lot
must be sued separately when his
claim is for specified part. Where
would this end? The prospect is APP
palling.
Attorney General Culberson, antici-
pating, as it would seem, "the dire
woes unnumbered" in opening this
Pandora's box, says in his brief, page
SOL: "Finally, the remedy of reforma-
ton and partition would not only pro-
duce confusion in the administration
of the public lands, but would be I'M
just to the state in the case under
consideration, because in that event
the S6,320 acres recovered would
necessarily be scattered over the
state, in isolated and fragmentary
bodies, and would be rendered prac-
tically valueless and difficult of dis
position"
Mr.. Culberson guardedly confiLes
his remark and charge of injustice to
the state to "the case under consider
ation.n But what about the injustice
as to the thousands of acres not owned
by the railroad companies, but sold
by them to individuals who have
made homes honestly in good faith on
these lands so bought of the conlpa-
MES? Manifestly, if the state engages
in the unholy enterprise of prosecut-
ing, or if you please, prosecuting, such
settlers, the evil will be beyond COM
putaton, and we know, as a practical
fact, that whole settlements of honest,
law abiding citizens live upon lands
purchased honestly and for valuable
Consideration from railroad compa.
MES. No power on earth under our
law can take these lands from them
without first giving them their day
in court.
The whole thing is, a travesty on
justice of no possible good to the state
in the matter of private holders and of
Unreasonable evil to them.
The court evidently and clearly
sees where this might lead to, and
with entire propriety without an ex-
preston in cases "where the rights of
purchasers are involved'-page 1904.
But it requires no prophet to foretell
the evils. The court concludes, "fOr
the error pointed out the Judgment is
reversed and the cause remanded."
have analysed the case with a
view of presenting to the people the
dire consequences to actual settlers If
this war, nominally on railroads but
practically on present owners, who
are not in most cases the railroad
companies, is waged as threatened.
only can add that the threat of any
governor, present or prospective, that
he will prosecute the claims OF the
state against railroad corporations, or
private citizens holding by and from
the company, is a move brutum full
men. Under our law no governor has
such power. The power to institute
such suits is in the atrorney-general,I
and are brought or not brought &C
coeding to his sound discretion. He
holds his office directly from the peo-
pie and is not subject to the orders of
the governor. If he neglects his duty
the remedy is by impeachment, and L
imagine that any sensible attorney
general would conceive his duty to the
state and the people to be to let all
such suits in respect to rights of pri-
vate individuals severely alone, and
for thus acting both legislature and
people would say well done, good and
faithful servant. S. b. MAXEY.
The most efficaciou, stimulant to excite the |