The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-12-22
THE OLD RIVER WALK.
AN ATTEMPT BEING MADE TO LOCATE
ON 1T.
John 7. smith and N. J Macarthur Apply to
Judge Robertson For Writ Of Man
damus to Compel Q Survey as
Provided by Law.

The following petition for a man.
damus was filed in Judge Robertson's
court yesterday evening.
To the Judge of said Court:
John 7. Smith and N. j, Macarthur
complain of John e. Wallace, sur
veyor of Travis county, Tex, and re-
spectfully show:
First-Plaintiffs and defendants re-
side in Travis county.
Second Defendant Wallace on
Sep. Is, 1892, ever since has been and
now is, duly qualified and acting sur
veyor for Travis county.
Third-On Sept. Is, 1892, plaintiff
made application to said defendant
for the survey and purchase under the
terms of the act of the legis' AZURE of
the state of Texas of March 20, 1887,
as subsequently amended by act APP
proved April 5, 1889, entitled an
TACT to provide for the sale OF
such appropriated public lands lying
in organized counties of the state OF
Texas as contained not more than
GAO" acres of the following described
land, viz:
Ali vacant land lying north of the
Colorado river, bounded on the west
by the east line of the Geo. w. Spear
survey, on the east by the west line Of
the jesse G. Tannehill survey, on the
north by the city outlets and outlots
of the city of Austin as originally
mapped and plated, all of said land
being situated in Travis county, which
application was recorded by the sur
veyor.
Fourth-That the land so described
and so filed upon was at the date o.
the file of said application for purchase
and survey appropriated public do
main of the state containing not more
than GAO acres and as such was sub
ject to survey and purchase under the
terms of the act aforesaid.
Fifth-That on Sept. %. 1892, the
said defendant waived the tender o
his fees for such service and declined
to make such survey as was his ofhcia
duty to do.
Sixth-rhat plaintiffs have de-
manded of said Wallace chat he pro
coed to survey said land and make
out correct field notes of the same and
make return thereof to the land Office
but that said Wallace refused 81
to do.
Seventh-That by said refusal o
Wallace plaintiffs were rendered
powerless to have said land surveyed
as required by law and they are with
out remedy unless same be afforded
by writ of mandamus.
Eighth-That the city of Austin
M pretends to claim title Il
all of said land above described
of the nature of which plaintiffs ar,
not advised but they allege ant
charge that such claim is withou
foundation In law or fact
Ninth-In consideration of thu
premises plaintiffs pray that the sale
city of Austin by notice served upoi
Mayor Mcdonald, he cited to appea
and show cause why a pre- emptory
writ OF mandamus should not issu'
against John f. Wallace as prayed
for, and further tor rule requiring
John + Wallace to appear and show
cause why pre- emptory writ OF man
damus should not issue against him
and that upon fiual hearing of thi
cause such writ may issue command
ing and requiring said John e. Wal
lace to make an official survey OF thu
land described and to maxi
correct field notes thereof and RECORD
them 10 his Office, al d to make return
of same TO the land Office.
| The above ps tiii'n was present. q II
his honor by D Fl Hewlett attorney fol
plaintiffs, and by him the hearing y
it was set for Friday, Jan. 6, at II
o'clock.