The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-26

r ltt,.,r,.. /. : fter said decision
t w zoe 70 Mr.. Funk that in case he
= thought he was wrong to. refer the
3 matter to the courts. Respondent
t knew neither party then and does hot
) know either one of them now and has
DO personal interest in the same.
To article 81 and %.
f to Classification of timber
: on school sections, respondent says:
That while he has no positive recollec'
ton as to the details of the transac-
ton, still he is willing to assume
, whatever legal responsibility is plac'
ed on him from this standpoint, says
the timber on these lands were orig1-
: nally classified by regular state
agent, whose duty it was to make his
report to the land office, this was done
after the act of 1887 went into effect,
during the administration of his pre-
decessor, after said return was made,
said classification was changed in said
Iand office, raising in most of the in
stances the value of the timber as fix
ed by the said agent, to the lands
mentioned in said articles, were in
cluded among great many other
facts and on this price they remained
on the market for about five years I'M
sold. That on the day mentioned in
said article on information received at
the office of redemption which was be-
lieved then and which this respOnd-
ent believes to be still reliable. He
learned that the classification of the
timber on said sections was too high,
and on this information the price was
| fr al
nally classified at. In some cases the
same and some fraction less, but in
no case less than So per acre. There
was good reasons to induce the change
in said classification. The said change
was made upon reliable evidence, not
only from the original state agent who
first classified the timber, but who is
now the sworn county surveyor of Jasp-
er county. This respondent has had
many dealings through the office
with Mr.. E 1 Kellie, the party
making the statement upon which he
acted, and has always found him not
only competent, but trustworthy and
honorable, and from his known integ-
rity he would not hesitate to act on
his evidence.
Acting within the plain letter of
the law as well as the spirit he did
put the timber on these lands on the
market. Among other reasons for
said acts he AYERS the following:
L. Said timber had been on the
market for five (5) years and at GER
tain price and not sold and no pur-
chaser known aud no application
made therefor. 2. The school was
not being benefited and the peo-
pie were realizing no benefit what
ever from it. 8. The timber was be-
ing destroyed and rendered invalua
BILE. AS to all other matters heretofore
spoken of he was prompted by one
desie and one alone, and that was to
benefit the people with no wish or
desire to serve one more than another,
but all alike without Partially or
favoritism to any man and expecting
no r. ward save the conscientiousness
of duty, honesty done and the ap-
proval OF just people.
In answer to charges contained in
articles % and "a, he says that during
the administration of Hon. r. M.
Hall, Messrs. ID. H. and ]. w. Snyder
leased many thousand acres of school
and public lands in the western por-
ton of the state for different periods
of time, that there are now and was
in October, 1891, as many as i've or
six different leases on file in the land
office to these same parties, number
ing 112, 131, 1898, 1851, 1920, aggre-
eating in the neighborhood OF l2O, OOO
or 125, 900 acres of land at from two ~
to four (4) cents per acre. They were
very desirable leases to the state
Lease number 1893, under the strict
letter of the law Qeaving it to the dis
erection of the commissioner would
have lapsed sixty days after July g.
1891, which was bringing the annual
rental to the school fund OF $l234 "a
Some time in September 1891, just
prior to the tins when it would
lapse, Mr.. d. H. Snyder came
to Austin to see spondent about pay
ing the rental. He represented tc
res pondent that on the land he had
put valuable and permanent improve
ments, in wells, wind mills, houses
etc., besides enclosing the whole
81, 1922 acres with a good substantial
fence improvements amounting In the
aggregate to ABOUT 1923, 900 and thai
the loss to him to allow the lease tt
lapse would be heavy and the loss tt
the school fund would be large ano
the valuable improvements on the
said land was ample security TO the
state. That said lessee requested
short time TO raise said lease money
and the state being amply secured
: and respondent knowing said lessee
to be reliable, and being anxious ia
save the school fund said annua
lease, did grant said lessee short
time to raise said money, which wa
, done and said money paid into TIT
state treasury, all of which was dom
, according to law and which respon
dent is ready to verify. The respon
dent further AYERS that having mad
, such extension of time till on or abou
the 18th of October, 1891, that yer.
, soon after that date said 1924 "a wa
promptly paid, and said lease wa
. paid in full up to July 6, 1893. :.
3 This respondent AYERS that IL
| true that he did endorse on lease Nc
l3l the words "Paid till Oct. 10, 1891
8 and he states that he intended to pu
3 this memorandum on lease numoe
8 1893 and through mistake it wa
nIaced on lease number 13l, and thl