Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-26
M'GAUGHEY
The Land Commissioner Makes
Written Statement
-----
He CONSTRUED THE LAND LAW
To Permit the Sale Of Harris and Liberty
County Sections
As He Sold Them-Hs Had In View Tho Benefit
Of the slale-Hls Conscience Approves
Him-why the Extra clerk
Was Needed.

Austin. Tex. March 25.-(special)--
Following Is the communication Of Land
Commissioner McGaughcy, read to the
house Of representatives this after
noon:
To the Honorable House Of Representa-
tives OF the State Of Texas;
Gcntlemeu-In pxtenuation and IN jus
tifcaiion Of my official acts In connec-
ton with the sales Of school land so the
counties Of Harris and Liberty. i beg
20 submit the following statement, and
ask that the same be submitted TO such
committee Of your honorable body as
may have under consideration my official
acts, that the same may be by said com
mittoe considered in connection with the
facts in evidence
Fist-Under the administration Of
Hon. H. L. Hal. commissioner, the
school lands in Harris county were elias
sifod by Mr.. J. NJ Davis on the 2nd
day of November. 1881, and by J. NJ.
'rcmplet0n. April 9th. 1898. and the
school lands In Liberty county were clas-
sihcd 10y the said Davis on the 18TH day
Of August, 1881
Second Said classification showed nine
teen sections of agricultural lands. 10
sections OF watered grazing lands and
fourteen sections Of timbcrcd lands in
said two counties.
Third Under section Of the acts Of
1887 aud 1850. the school
countics we're I,'' continuously "v since S"', said
classification for sale 10 actual settlers.
Fou1h..From the date Of said
| classification 90 the 18th day
Of Deember 1892, and the
was sold uudcr section 3 of the acts Of
1887 aud 1850 Pagcs 81 10 5W to act.
ual settlers forty-six sections, and there
| remained unsOld on the 18th day of De
| cembCr, 1892 and 10th day Of January
lSD3. 81 II sections In said
counties Prior 10 these dates. ihcrc
| were sold 1874 - sections. as detached
by my predecessor. Hon. H. NJ. Hall
| and myself, and fourteen sections OF
| timbercd laud remained unsold, one sec
| tion In Harris couney and the balance 10
Liberty county.
Fifth-Soid sections authorize
lands provided three Of them wer,
| unwatered pasture lands
Sixth-Under section % %
the. acts 1887 aud 1889 wal
authorized .at6inds to .,,, sell ,,,,. diachcd,
the uniform price Of 81 per acre 90 AM
purchaser other than a corporation an,
such terms as / should precribe. nh %
which facts are shown 10y the record
Of the land Office under the admiuistra
tiOn Of Hon. r. NJ Hall and myself
and by investigation these facts cni
be- verified.
In connection with the foregoing fact
] ] desire 10 say that these lands wcr
continuously for sale 10 actual settler
for The period Of five aud one-half yenr,
| BY the enactment Of the law aud by IN
classification Of said lands thcreundc
actual notice was given TO all person
that said lands were for sale 10 uctu1
settlers. No other notice In such cas-
was contemplated by law, was customnr
| or necessary. lt was the right of a
persons TO settle upon the lands an
upon them IL doyolved 10 take initatur
steps 20 buy by applying therefor Froi
the classification Of this land aud frOI
the fact that while it had been SO Ion
offered for sale to actual settlers, no ~
plicution had been made therefor eXcoI
us above stated. | had reason 90 b'
lieve that these lands were neither sui
able for settlement nor in demand i
actual settlers, l therefore deemed
INTEREST or THE STATE
to sell those lnnds as l did to whoins
. ever would buy, and IL may not be ami
TO call attention 10 the fact tlat n Ercl
, many OF these Identical lands were sol
ns detached sections under the admin
tmtion of my predecessors aud forfeit,
for nOn-payment OF principal and !
I terest. Relieving as | did IN good fall
Z that these lands were In contemplate
. of section D., OF acts OF 1887 and lSS
{ detached sections, IL may be that
did not properly eOnstrGc section
= I having construed the words ''detnch,
q and isolated from the public lands"
include all school lands In Harris al
. liberty counties that We're adjacent
, or adjoining the mass of remaining Il
/. appropriated public land. | was lod
aud confirmed IA this construction
tho fact that the legislature exempt
I. the three counties, IN Pnso Pccos al
4 / Preside, IN which were situated q
greater part Of the unappropriated pub