The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-12

the reduced valuations aforesaid to
said parties applying for the pur'
chase thereof.
Seventh-That in July, 1891, one
Josph Funk being the lessee and in
possession of five sections of the pub
lie free school lands situated In the
counties OF Tom Green, Sterling and
Irion under lease contract with the
state, expiring about Sept. l, 1891, and
having a preferred right under the
law to renew his lease to said lands
for another term, made his applica-
ton in due form therefor on July q,
1891, and under the law was entitled
to have said land let to him, yet the
said w. l.. McGaughey in violation Of
the law, and of the rights of said
Funk, refused to lease said lands to
him, and arbitrarily leased the same
to one Chas. Schauer, who was not
then and there entitled to the same,
and whose application was filed sub
sequent to the application OF said
Funk.
Eighth-That said w. L. Nc.
Gaughey has been guilty of gross neg
ligence and violation of duty, in
knowingly and wilfully placing and
retaining at the head of an important
department in his effice to wit, the de.
partment of public free school lands,
an inexperienced and incompetent
clerk, to wit, Jno. McGaughey.
Ninth-Tbat said w. l.. McGaughey
has habitualiy violated the law re-
quiring that persons should not be
permitted to examine the files and
archives of said Office without first OBJ
tanning the written consent of the
commissioner, or of the chief clerk
and an order for the detail of clerk
to be present during such examina-
ton.
Tenth-That in violation of the
law and of the rules and practices of
the general land Office, said w. l..
McGaughey, as such commissioner
has permitted persons to remain in
the land office after office hours and
to have unrestricted access to the
archives of said office.
Eleventh-That the commissioner
w. L. McGaughey, in violation of the
laws Of the state, permitted ID. III.
and j. w. Snyder and other persons,
whose names are to the committee
unknown, to retain possession of GER
tain public free school lands after
their lease on said lands had expired
and without authority of law, eX-
tended the time in which the said
persons, towit, D. H. and J. w.
Snyder and others, as aforesaid,
might pay such rental upon said
school lands; and said lease price and
rental has never been paid, and the
state has, by reason of such violation
of the law, lost certain rental due by
the said parties to the public free
school fund.
Twelfth-That said w. L. Nc
Gaughey has been guilty of gross
negligence and violation of officia
duty, in that he has knowingly and
wilfully retained in his employ a!
clerks in the said land office certain
persons who have received and &C
copied presents of value from persona
having and doing business with the
general land office.
We therefore recommend that the
following resolution be adopted by
the house, towit:
Resolved by the house of represent
atives of the state of Texas,
First, That w. L. McGaughey
commissioner of the general land Of
flee of the state of Texas, be i'm
peached for high crimes and misde
meanors and for violation of the con
stitution and laws of the state aud o
his oath of office, as shown in the
charges presented in the report o
the special committee, and such other
charges as may be adopted by the
house.
Second That a committee of seven
members of the house of representa-
tives be appointed by the speaker tc
impeach said w. l.. McGaughey com
missioner of the general land office OF
the state of Texas, at the bar of the
senate, and to state that articles
against him will be exhibited in due
time, and made good before the sen.
ate, and to demand that the senate
take take orders for the appearance of
the party to answer to the impeach.
ment, and to prepare and report for
approval by the house articles of i'm
peachment; and upon approval by the
house Ofthe same, to present the same
to the senate, and to act as q commit
tee of managers to conduct said i'm
|
And we further recommend that
the evidence taken before said Joint
committee and before this committee
be not published pending impeach-
ment proceedings.
L. S. HENDERSON,
Acting Chairman.
j. r. COUGH.
j. A. BEALL.
E. H. RoGAN.
7. G. WYNN.
MINORITY REPORT.
COMMITTEE Room,
AUSTIN, Tex, A pril 6, 1858. T
Hon. H. Cochran, Speaker of the House of
Representatives
SIR do not concur in the report
submitted by majority of the commit
tee heretofore appointed to report
upon the charges against Land Com
missioner w. l.. McGaughey. | do
not believe that the public interest
would be subserved by impeachment.
While do not believe that the COM
missioner acted corruptly, 1 concede
that he has not displayed the firmness
and discretion in the performance of
some of his official duties which tho