The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-19
PRICE FIVE. CENTS

| Vi salu unlawful purpose aforesaid
price said lands to said persons as de
tached and isolated from other from
otner public lands, when in truth and
IN TACT the same were not 80 detached
ana Isolated, as said w. l., Me-
6augney then and there we'll knew.
and did then and there, without first
giving the notice to the county clerk
OF Liberty county, as required by law.
price said land at the price OF Sc. 90
per acre, and did, then and there.
oHer the same for sale to said
persons aforesaid, and did.
then and there, immediately
sell the same to said person.
aforesaid at said price, when in truth
ana In TACT, same were worth the sum
oI DO per acre per section, and when
III tiutn and In fact other parties. and
especially persons residing in the vi
Unity OF SAID lands who desired an
opportunity to purchase same. when
the same should be offered for sale
were deprived of any opportunity to
apply for the purchase thereof as
salu w. IL. McGaughsy then and there
Art, IL That w. l. McGaughey,
commissioner of the general land Of
nee OF the state of Texas. unmindful
OF the duties of his office, and in yio-
lation of his oath of Office, did. on the
9TH day of January, 1898, in the
county OF Travis, wiifully. illegally
and obstinately fail and refuse 10 cali
upon the attorney general for advice
upon the question as to whether or
not the sections of school lands situa-
.eu ia Liberty county and described
In the foregoing articles of this ex-
hlolt, TO which reference is here made,
were desatched and isolated from
other pubic lands within the mean
ing OF the law regulating the sale of
school lands, and upon the questions
ss 10 whether or not said sections of
land aforesaid were under the law as
aforesaid, subject to sale to others
than IMAM actual settlers. That said
questions and each of them, then and
there involving the construction to be
given to section % of chapter 90 of the
Acts OF the Twentieth Legislature as
amended by chapter SO of the Acts of
the Twenty-tirst Legislature of the
STATE OF Texas, and the meaning of
SAID section and of said entire act as
amended as aforesaid being then and
tnere matter of doubt in the mind
OF w. L.. McGaughey, as such COM
missioner aforesaid, with respect TO
the subjects mentioned in said ques-
tions and In each of them, and it being
then and there the duty of said W.
under the law, and es.
peoially under the act aforesaid, to
call upon the attorney general for his
advice In respect to the meaning of
said section as aforesaid, and of said
act, and the said w. l.. McGaughey
did, as aforesaid, wilfully, illegally,
negligently and obstinately refuse to
call upon said attorney general for his
advice as aforesaid and did then and
there ignorantly and wilfully, gross
~ misconstrue said section of said act
In this, that he did then and there
construe said section of public free
school lands to be detached and isolat-
ed from other public lands under said
section and In this, that he did then
and there construe said sections of land
were under said sections of said act.
subject to sale to others than actual
settlers, when in truth and in fact
said sections were rot isolated and
detached from other public lands
within the meaning of the law, and
when In truth and In fact said lands
were not subject under the law to sale
TO others than actual settlers, all of
which said w. l.. McGaughey then
and there might have known, had he
80 called upon said attorney general
for his advice, as aforesaid, as he was
bound to do under said law, and by
reason of said omissions to perform
his duty, as aforesaid, said lands were
sold In violation of the law by said w.
l.. McGaughey, as charged in the
foregoing articles of this exhibit, to
which reference j. here made. And
80 the said w. l. McGanghey was
hen and there guilty of misfeasance
n office, in falling to perform his duty
is required in said law as aforesaid.
Art. II. That w. l.. McGaughey,
commissioner of the general land Of
ice of the state OF Texas, being then
md there charged by law with the
custody and control OF the general
and office, and the books, papers, and
'rchives thereof, did then and there
IN the first day OF January, A. D.,
1872, and continuously thereafter up
o this time, in violation OF the duties
It his office, and the laws of the state
egulating the examination Of papers
md files Of said office, in the county of
travis, State of Texas, knowingly,
VilfuIly and negligently permit any
md all persons not employed In said
flee desiring to do so to examine
he papers and files and archives
( said general land Office, without
lrst having obtained his written con-
emit or the written consent of the
hief clerk of said Office go to do, and
Without first having obtained an or
Ter for the detail of clerk of said Of
ue to be present and superIntend
UGH examination, aud In the manner
nd form aforesaid, said w. l.. Nc
iaughey, as such commissioner as
foresaid, did then and there habitu.
lily and constantly violate article
904 of the Revised Civil Statutes of
he state of Texas governing the ex-
mination of papers, records and files
the general land office.
Art. Is. That w. l.. McGaughey,
of thu general land
Concluded on 9Th page