Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-04-07
IORT WORTH. TExAs. FRIDAY. APRIL I, 1888.

ligence Of the commissioner, the same
were sold at 81 per acre,
Fourth-lThat said lands in Harris
and Liberty counties were so offered
for sale and sold 10 a cOterie Of land
agents and spectators before the no.
tees required by law had been received
and recorded Ia the Offices Of the county
clerk In said county, and thereby fair
competition for the purchase of said
lands was denied TO residents of said
counties wherein said lands were situated.
Fifth-That the constitution Of said
section % Of said act of 1881, being a
matter Of doubt IN the mind Of said ".
l.. MCGaughey with respect TO the lands
in Harris and Liberty counties, the said
w l., McGaughey. In violation Of the
provisions of said act, requiring him TO
call upon the attorney-gcneral for adj
vice thereon obstinately and wilfully re-
fused 10 call upon said attOrney-gen
eral for such advice and lngrautly and 10
the great injury Of the state miscon-
strued said section as shown In the fore
going findings Of this report
Sixth--1hat during the months Of No
vember aud December. 1872, and Janu.
AIRY. 1893, said w. l.. McGaughey In
gross violation Of the regulations Of the
general land office, and Of the laws Of
the state, relating to the classification and
valuation of timbered public free school
of the timber on a large number of tim
bered sections in the counties Of Jasper,
Newton and Orange. In many instances
said reductions In value for the timber
amounted 20 from one-half TO one-fourth
Of the original valuation placed upon
said timber several years ago and said
reductions were made upon the eXparte
unswOrn statements of the county sur
yeyor of Jasper county, who was acting
under the employment of persons offering
TO buy said timber as the said commits
si0ner well knew, aud upon such re-val-
uation, said w. l.. McGaughey, without
notice, at once made sales thereof nc
the reduced valuations aforeeoid TO said
parties applying for the purchase thereof.
Seventh--Ihat In July, 1891, one Jo-
seph Funk, being lessee and In posses
sion of five sections of the public free
school lands, situated In the counties of
Tom Green. Sterling aud lriou, under n
lease contract with the state, expiring
about Sept. l. 1891, and having pre-
ferred rig5t under the law to renew
his lease'to said lands for another term,
made his application in due form there
for, on the 9th day Of July, 1891, and
under the law was entitled TO have said
land let 10 him, yet the said w, J., Me
Gaughey in violation of the law and OF
the rights of said Funk, refused 90 lease
said land TO him and arbitrarily leased
the same to one Chas. Schamer, who
WIS NOT lueu anu lntlt fullllttl 10 tue
same, and whose application was filed
subsequent to the application of said
Funk.
Eighth-That said w. l.. McGaughey
has been guilty of gross negligence aud
violation of duty in knowingly and will
fully placing and retaining az the head
Of an important department In his Office
toiwit: The department of public free
school lands an inexperienced and in-
competent clerk, to-wit; John McGhau-
ghey
Ninth-That said w. L. McGaughey
has habitually violated the law requir-
Ing that persons should not be permitted
TO examine the files and archives of said
Office without first obtaining the written
consent of the commissioner or of the
chief clerk aud an order for the detail
of clerk to be present during such ex-
animation.
Tenth-That IN violation of the law
and of the rules and practices OF the
general land office, said w. l.. McGau-
ghey, as such commissioner, has permit
ted persons TO remain in the land Office
after Office hours and TO have unrestrict-
ed access 20 the archives of said offices
Eleventh-That the commissioner W.
l.. McGanghey, in violation of the laws
of the state, permitted ID. III. and j. W.
Schneider aud other persons whose names
are 10 the committee unknown, 60 retain
possession Of certain public free
of said lands had expired
and without authority Of law ex-
tended the time In which the said per
sons, 10 wit ID. II. ard j. w. Schneider
and others rs aforesaid might pay such
rental upon said school lands; and said
lease price and rental has never been
paid and the state hats 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.. McGaughey
has been guilty Of gross negligence and
violation OF Official duty, In that he hns
knowingly aud wllfully retained In his
employ as clerks In the said land Office
certain persons who have received and
accepted presents of value from per-
sons having and doing business with the
general land Office.
We therefore recommend that the fol-
lowing resolutions be adopted by the
house, to wit:
Resolved. by the house Of representa-
tiyes of the State of Texas.
First-Ihat w. l.. McG0ughey, COM
missioner of the general land Office of the
State of Texas, be impeached for high
crimes and niisdemeanors and for yiO-
lNtion of the constitution aud laws Of
the state. and OF ms oath of office, as
shown la the charges presented Ia the
report of the special committee aud such
other charges as may be adopted by the
house.
Second-That committee Of seven
members of the house of representatives
be appointed by the speaker TO impcach
said w. L. McGaughey, commissioner 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 be-
fore the senate and 10 demand that the
senate take orders for the appearance
Of the party TO answer 10 the impeach-
nd In
prevail by the house articles Of impeach-
ment, and upon approval by the house
of the same, to present the same 20 the
senate and TO act as q committee OF
mnugers 70 conduct said impeachment
And we further recommend that the
evidence taken before said joint COM
mittee and before this committee be not
published, pending impeachment proceed
II. s. HENDERSON,
Acting Chairman
j. n. COUGH,
j. II. BEALL.