The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-04-12

the evidence, and we adopt the same
as part of this report, with the ex-
ception of that part OF the report rela-
ting to two filing clerks, which is
subject to the following modification
as shown by evidence not before said
committee:
The Twenty. second legislature made
an appropriation in bulk of $2250 for
two filing clerks, and Mr.. Gather
zone of said clerks) notified the com
missioner that if he construed said
appropriation to mean that the same
should be equally divided between the
two clerks, allowing SIPS to each,
that he would resign. The commits.
sioner and his chief clerk William
Bramlette, thereupon made the fol-
lowing arrangement and construction
concerning said appropriation, to wit:
One of sad clerks was transferred
for a period of three and one.half
months TO the school land department
and rendered services therein, and
was paid OUT of the appropriation for
clerk hire in that department for that
time, and in the meantime Mr.. Gath
er was continued as clerk in the filing
department on his former salary of
Sl400 per annum, which was paid out
of said $2250, and at the ex-
piration of three aud one
half months the other clerk
was retransferred to the filing depart.
ment, and his salary at the rate of
$l400 per annum for the remainder OF
the year was paid out of said $2250.
While there was technically no divis-
ion of one appropriation from one
fund to another, yet by trick of Of
fetal legerdemain, the implied pur-
pose of the legislature in making the
appropriation of $2250 for the salaries
of two filing clerks was thwarted, and
under the circumstances without AIDE.
, quate justification, and we deem the
structures of the joint committee merit
, ed, even under this modification Of
the facts.
, We find the following matters Of
fact pertaining to the administration
of the general land office by w. L.
, McGaughey, commissioner, involving
gross official misconduct and viola
tions of the constitution and Statutes
of the state on the part of said officer
.. tO-wit: That In November, 1892, in
gross violation of section % of chapter
-, of the acts of 1887, page 80, the
said w. l.. McGaughey as commits
sioner of the general land office, will
fully and enormously classified large
number of sections of public land from
school lands, to-wit: Thirty-one sec.
, tons situated in block in Harris
, county, as detached and isolated from
other public lands. and sold the same
. to other than actual settlers, when by
, the terms of said act said lnads were
not so detached and isolated, and
were reserved for sale to actual set.
tiers only.
Second-That in January, 1898, in
gross violation of section %, of chap
ter -, of the acts of 1887, page 80,
the said w. L. McGaughey as com.
missioner of the general land office,
willtully and enormously classified a
large number of sections of public free
school lands, to.wit: Twenty-six
sections situated in block in Liberty
county, as detached and isolated from
other public lands, and sold the same
to other than actual settlers, when by
the terms of said act, said lands were
were reserved for sale to actual set.
tiers only.
Third-That said lands 30 sold in
| IldlllS anu llUCluy Wei y
worth from So so to So per acre, all of
which said w. L. McGaughey knew
or might have known by the use of
ordinary diligence, but by the gross
and culpable negligence of the com.
missioner the same were sold at 50 per
acre.
Fourtb-That said lands in Harris
and Liberty counties were so offered
co,, 10 Il 70 1.,1 IS I,.,
agents and spectators before the
.,otices required by law had been re.
ceived and recorded in the offices OF
the county clerk in said counties, and
thereby fair competition for the pur-
chase of said lands was denied to the
residents of said counties wherein said
lands were situated.
Fifth-That the construction of said
section o. of said act OF 1887, being q
matter of doubt in the mind of said
w. l.. McGaughey with respect to the
lands in Harris and Liberty counties,
the said w. l.. McGaughey in VIOLA
ton of the provisions of said act, re.
quiring him to call upon the attorney
general for advice thereon, obstinately
and willfully refused to call upon said
attorney general for said service and
flagrantly and to the great injury of
the state misconstrued said section, as
showed in the foregoing findings of
this report.
Sixth-That during the months of
November nand December, 1892 and
January, 1898, 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 classical
ton and valuation of timbered public
free school lands, reclassified and re.
duced the value of the timber on q
large number of numbered sections in
the counties of Jasper, Newton and
Orange. In many instances said re-
auctions in value for the timber
amounted to from one.half to one
fourth of the original valuation placed
upon said timber several years
go, and said reductions were made
pom the ex parte unsworn state.
ments of the county surveyor of Jas
per county, who was acting under the
employment of persons offering to buy
said timber, as the said commissions
we'll knew, and upon such revalua-
tio,, cold w +, MaEaunbaTy xritbo,1