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

omission to perform his duty as afore
sald' such lands were sold in violation
OF the law, by said w. l. McGaughey
as charged in the foregoing articles q
this exhibit to which reference is her,
made. And so said WI. McGaughe,
was then and there guilty of misfeas
ance In office in failing to perform hi,
"uty as required in said law as afore
said "'oie
Art. 8. That w. l.. McGaughev
commissioner of the general land of.
nee OF the state of Texas. Unmindfn
OF the duties of his office, and IN viola.
tlon Ut his oath of office, did, on the
9TH Of January, 1893, up to and includ
ing the 22rd day of January, 1892, in
the county of Travis, state of Texas
as commissioner of the general Land
Office, unlawfully, knowingly and in
violation of the laws of the state le
garding the sale of pu olic free school
lands, offer for sale and sell to persons
VINO were not then and there actual
settlers on suoh lands.
The following described sections OF
public free school lands of the state OF
iexas, situated in Liberty county,
to'wit: Sections 4, 6, s, 10, IL, Ia, 16'
10, ~, and q, in the block of lands
surveyed for the public free school
fund in the name of the Houston and
Texas Central railway company, and
sections l6, 80, 80, "a and So, in the
Dlock of land surveyed in the name of
the Texas and New Orleans railway
company, and tract surveyed tor the
public free school fund in the name of
Thomas X. Wheeler which said Sec
lions of public free school lands were
not then and there under the law sub.
Ject TO sale to others than actuel set
Tiers, as w. G. McGaughey then and
there we'll knew, but were reserved
for sale to actual settlers only, and
said w. l.. McGaughey was then and
there as aforesaid guilty of miscon-
duct IN office of a wiful, palpable viola
ton of the laws of the state of Texas.
Art. 10. That said w. L. Nc.
Gaughey, commissioner of the general
land office, unmindful of the duties of
his office, and in violation of his oath
o. office, did, on the 8th day of Janu-
ary. 1892, up to and including the 23rd
day OF January, 1892, in the county of
Travis and state of Texas, as such
commissioner OF the land office. I'M
lawfully and in violation of the stat.
utes of the state regulating the free
school lands of the state, did offer for
sale as sections OF public free school
lands detached and isolated from
other public lands aud did sell the
same to others then actual settlers
thereon, the following sections of pub.
Tic tree school lands situated in Lib
erty county, to.wit: sections 4, 6, s.
10, II, IA, 16, IS, 20 add "a in the block
OF lands surveyed for the public free
school fund in the name of the Hous-
ton aud Texas Central Railway COM
pany, and sections 16, 30, 80, "a and SO
in the block of lands surveyed in the
name of the Texas and New Orleans
Railway company and tract sur
veyed for the public free school fund
in the name OF Thomas X. Wheeler.
which said lands were not then and
there isolated from other public lands
within the meaning of the law, and
were not then land there subject to
sale to others than actual settlers, but
were reserved by law for sale to actual
settlers only, all of which was then
and there well known to w. l.. Nc
said land commissioner as
aforesaid, and said w. l.. McGaughey
was then and there as aforesaid
guilty of misconduct in his office, and
of gross violation of chapter 80 of the
Acts OF the Twentieth Legislature of
the state of Texas ana amended bv
chapter Sc of the Acts of the Twen-
ty-first Legislature of the state of
Texas, relating to the lease and sale
Of the public free lands of the state.
That w: L. McGaughey, commits
sloner of the general land office of the
state OF Texas, unmindful of the duties
Of his office and in violation
IF his oath of office, did,
In the dates hereinbefore mentioned,
in the county of Travis. state of Tex.
as, as such commissioner of the gener-
al land office, unlawfully and in vic.
Iation of the laws of the state regulat-
ing the sale of the public free school
lands of the state of Texas, willfully
and knowingly offer for sale and sell
TO persons who were not then and
here acGual settlers on such lands.
certain sections of public free school
ands situated in Liberty county.
Texas, which were not then and
here under the law subject to sale to |
'ther than actual settlers, but were
'eserved for sale TO actual settlers
,nly, all of which was then and there
to said w. l.. McGaughey.
commissioner of the general office as
lforesaid, said certain sections 80 of
cred for sale and sold, and the dates
If sale and the names of the purchas-
'rs of the respective sections are as
ollOws, wit:
Certain sections in the block Of sur
,eys in the name ofthe Houston and
Texas Central Railway company, to.
Wit: with numbers of sections omit
ed
'ahe Vi furchaser. Date of sale.
Friedenhause. ......... Jan %, 1893
Freidenhause. ...... Jan %, 1893
9 Friedenhause. ...... Jan %. 1893
. Friedenhause. Jan 23 1899
Aurlance. ............. jan 80, 1893
" f Simmons. Jan 49, 1893
M Carroll ............Ja Jan %. 1893
N Carroll. Jan %, 1893
ID Collett. Jan 20, 1893
HI Collett Jan 26, 1893
n H., LII l. e