Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-18

luIb4
Article II cites the fact that the com
missioner, since Jan. j, 1892, has, con
trary to the law, wilfully, knowingly and
negligently permitted anybody and every
body desiring to do so to examine the
papers, files and archives Of the land
Office without FIRST having obtained writ
ten consent and an order for the detail
Of a clerk to be present and superintend
such examination as provided in article
1904, revised civil statutes.
Article Is sets up the fact that the
commissioner has been accustomed to
permit ~ S. Schmit, two men named
Williams aud Warren and many other
persons, none Of whom were State emu
ployes to remain after Office hours and
examine the papers and archives without
superintendent or supervision
Article 10 sets up the fact that on or
about Aug %, 1883, Joseph Funk APP
piled for the lease Of certain public lands
in Tom Green and Irion counties.
which were not awarded TO him until
Sept 4. 1891. when they were subject
TO further lease, aud Funk having made
out and filed a proper and legal appli-
cation for renewal July "a. 1891, ex-
pected to lease them again, but the com
missioner wilfully and unlowfully re-
fused to renew his lease.
Article 20 sets up the fact that on or
about Oct 10 1891. the commissioner
wilfully and in violation Of the law leased
the lands unlawfully and wilfully taken
from Funk TO Charles Schauer, both
the commissioner atid Schauer being
aware OF the fact that Funk was entitled
60 the lands. This the article quotes ~
gross misconduct In office and wiltul
violation of the laws.
Article II sets up the fact that the
commissioner az the instance and on the
representations Of Il. J. Keller private
citizen. has at various times, in gross
violation OF tile regulations Of the land
office. unlawfully and improperly cam
celled the valuation lawfully set upon
the timber on certain public free school
lands, reprcing them in accordance with
the statements Of said Keller.
Article % cites further instances sim
liar to that quoted in 81
Article % states that the said w. L.
McGaughey, commissioner Of the general
land Office, did in Travis coun-
~. Tex. on or about the LIST
day Of July. 1891, make
false memorandum and instrument IN
writing. and filed the same In the gen
eral land Office Of the state Of Texas, on
or about said last date. Said memoran-
DUN aud instrument in words and figures
substantially, as follows TO wit; Paid
hin oct 10, 1891" That said writing
purported to be memorandum reciting
the purported fact that In the matter OF
certain public lands Of the state OF Tex
as. that had been leased to ID. III. and
! ]. w. Snyder that the lease price due
the state Of Texas had been paid I'll
! Oct 10. 1891. when In truth, and in
fnct. the lease price had not been paid
] ,tin Oct. 10. 1891. hut only 20 about the
date Of July 16. 1890, and the said W. l..
NLcGaughey knew that said lease price
had not been paid on said land till Oct
10. 1891, but disregarding the duties OF
his Office, and In violation of the laws of
the state Of Texas with intent 10 defraud
the state Of Texas of money due for the
| lease Of said land, he did, as aforesaid,
make said false memorandum and instru-
ment in writing, and filed the same in
the general land Office Of the state Of
Texas. and did permit the same TO remain
on file IN the general land Office.
Whereby, in view Of the premises, the
House Of Representatives Of the State
of Texas do say and charge that the
said w. L. McGaughey, commissioner
Of the general land office, IN the manner
aud by the means aforesaid, and at the
time aforesaid, did commit and was
guilty of a high crime and msdemeanor
and malfeasance in Office, and did there
by render himself unworthy and no lon-
ger fit to exercise the duties incumbent
upon the commissioner of the general
land Office of the State Of Texas.
Article "a sets up the fact that the
Snyders were permitted 20 retain pos
session of the lands in question after
lease had expired being high crime and
misdemeanor on the part Of the commits
sioner, defrauding the State Of the
rent and rendering himself unworthy
TO longer hold the Office.
Article % states that the said w. l..
McGauehey, commissioner Of the general
land office. did, In Travis county Tex,
on OF about the oath day Of March, 1893,
fraudulently attempt TO procure from
VIM. Bramlette, chief clerk Of the gem
eral land Office, false certificate in
writing to certain map of Liberty
county. Tex, as follows II, VIM. Bran
lette, chief clerk Of the general land
Office. hereby certify that the sections
marked "bue7 on this map were, when
sold. detached and isolated from other
unappropriated public domain. Signed
March 20, 1893"
That said map referred 20 in said GER
tincate was map Of Liberty county,
Tex. and the sections referred 20 IN
said certificate as marked ''blue' were
not detached and isolated from other
unapIropriated public lands and the
said w L. McGaughry well knew that
said sections were not detached aud $50
lated as stated IN said certificate. as
shown on said map. But the said w
/, McGaughey did then and there, as