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


reelection, we're condOned by sue
reelection and now afford no csus
for his impeachment and remova
from the office he is now holding.
To articles q and %.
First - Contains no impeachabl
matter.
5econd-If he, defendant, believed
it TO the public interest to have tn
re- valuation made, charged agaIns
him, it was 10 his reasonable discre
ton to have it done.
Third-No corruption, no mall
fides, no acts mala in 80, nor mali
prohiDila are averred in the articles.
Article 25.
First-No Improbable matter al
legged.
Second-No corruption, no mals
fides, no act mala in SO, nor mala pro
hibita are alleged.
Third-It Is not averrred how the
false certificate was intended to be
used or could have been used to the
prejudice, harm or hurt of the state 81
Texas, or the people or any of the PEG
pie of tho state of Texas. Of all this
and all demurrers and exceptions
general and special, defendant prays
the Judgment of this high court Of
impeachment.
(Signedl w. l.. MCGAUGHEY,
In prOpria persona
Faux, Henderson, Lighttoot, Wal.
ton, of counsel.
The State of Texas VS. W. l.. McGaughey In
the Senate oft Twenty.third LEGISLATURE
sitting MS a High Court ofImpeachment
And now comes the defendant, and
for answer says:
In the matter of the charges pre-
sented by the house of representatives
of Texas to the senate thereof contain
ing articles of impeachment of w. l..
McGaughey, commissioner Of the gen.
eral land office.
The respondent, w. l.. McGaughey,
now comes in his own proper person
as well as by attorneys and says, in
case his general and special demurrers
to the articles OF impeachment or any
part thereof be overruled, that he
pleads not guilty to each and every
charge therein contained in the man
ner and form as alleged, and demands
strict proof of the same, and in full re-
ply and explanation of each and every
charge therein contained which he is
advised that it is material for him to
answer, he states:
FirsG-Respondent was elected by
the legally qualified voters of Texas
commissioners of the general land office
Of Texas on the 9Th day of Novem Der,
1892, and as such commissioner duly
qualified on the 21st day of January,
1893, by taking the constitutional oath
and giving bond as required by law,
and as sucn resumed the duties ard
possibilities thereof, and this re.
spondent prays now to answer each
and every charge in said articles, be-
ginning at article No. and including
article No. 16, as they all treat on the
same subject.
Sscond-Instead of being unmindful
of the duties of his office respondent
says: That when he first went into
office on the 2lst day of January, 1891,
he found all of The sections of land
in said articles on the mar
ket to actual settlers under the law at
not less than So per acre. That they
had been on the market at said price
since the act of the legislature
approved in 1887, and classification
That during said time
up to Dec. IA, 1892, only forty-four sec
tons had been sold to actual settlers,
and that OF these about one-half of
these had been forfeited to the state.
That all Of said lands were placed on
the market to actual settlers under the
acts of the legislature, approved in
1874, at 81 so per acre, and remained
on the market at said price until 1879,
when they were placed at 81 Per acre
by an act of the legislature, and re-
manned on the marked at this price UNI
til 1881, when by an act of the legisla.
ture the price was raised to So per acre
tor watered sections, and ST. per acre
for uuWatered sections: and by an act
OF the Legislature of 1888, this charac.
ter OF land was raised to So per acre,
and under the acts of 1887, said lands
were put at not less than 81 per acre
for actual settlers, and was classified
by q regular state agent appointed for
that purpose, whose report is now ON
file IN the general land office, verify.
ing this statement, which he alleges
to be now and was on the 10Th of De-
cember, 1892, and other dates of sale
mentioned in said article, their full
market value. And seeking to sub.
serve the very best interest," of the
state and the policy and intention Of
the law, he did sell said sections at 50
per acre, which he was authorized to
do under this law, and instead of "un-
lawfully, knowingly and in violation
OF the laws ut the state,n selling said
Lands, he begs leave to reply to such
imputatiOns as follows:
Flrst--He was member of The leg
islature that passed the act of 1887,
and took an active part in the passage
of the law; he heard it discussed and
participated therein, as well also as
the laws OF 1889; that he understO od at
the time of the passage of the law that
section - thereof was intended to be
an innovation of the long established
custom Of selling the land mentioned
therein to actual settlers only, but
that section - thereof authorized the
sale to any person of all
school. university and asylum
lands situated in any county
IN Texas organized prior to 1875 with
three exceptions anly; 1st. Except.
ing the counties of FL Paso, Pecos and
Presidio; 21d. Except where il Joins
appropriated land; and 3rd. Elk
cept to corporations. And believing