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

AOO-t III AhO
/ Travis, in the state of Texas a.
land commissioners of the general Ian
office, unlawfully, knowingly, all,
by gross negligence, offer for sale an
sell at the price of 50 per acre said sec
lions Of public free school lands, sitI
ated in Harris county, and describe,
III articles l tO5, inclusive of the ex
hlblt which descriptions are here re
Ierred to and made part thereof, tn,
said sections each being then ant
there worth the sum of SIS per acre, al
said w. L. McGaughey then anC
there we'll knew.
Article 6. That w. l.. McGaughey
commissioner of the general land of
fee OF the state of Texas, unmindfu
of the duties of his office, and in vic
lation OF his oath of office, did, on the
l4th day OF October A. D., 1892, anc
up to and including the 10Th day o.
December, A. D., 1892, unlawfully
knowingly offer for sale, and sell al
sections of public free school lands sit,
uated in Harris county, to.wit:
Sections l6 Is, 20, %, "a, IS, 80, 80
81, "a, SO, 40, 4S, SO, SO, "a, So, 60, 81
"a, &c, IS, 20, 70, "A, rs. Is, so, so, 81, So
and S8, in block 2, of the Houston and
Texas Central Railway surveys, with.
out list giving the county clerk OF
said county notice III writing of tn G
valuation fixed upon each section OF
said land, all of which was then and
there in violation of the duties of his
office and of the laws of the state, and
especially of the provisions of chapter
SO, of the acts of the Twentieth Legis-
lature of the state of Texas, regulat-
ing The sale of public free school lands.
Art. 7. That w. l. McGanghey,
commissioner Of the general land Of
flee of the state of Texas, unmindful
of the high duties of his office, and in
violation of his oath of office in the
county of Travis, state of Texas, on
the 10Th day of December, A. D., 1892,
did udlawfully and corruptly
collude with David Boaz, E. r.
Mclean, F. H. Beatty, S. D. De-
Cordova, L. f Taylor and others, for
the unlawful purpose of enabling and
permitting the persons aforesaid to
purchase the said sections of public
Tree school lands in Harris county, de-
scribed in the foregoing articles of this
exhibit, to which reference or descrip-
ton Is here made, in violation of the
spirit and the intent of the law and at
greatly less than their value, and to
give them au unfair advantage over
the other citizens Of the state, as es-
pecially over citizens residing in the
vicinity of said lands; and did then
and there in furtherance of said I'M
la full purpose aforesaid, price said
lands to each persons as detached and
isola ed from other public lands, when
in truth and in fact the same were not
so detached and isolated, as said w.
l.. McGaughey then and there well
knew; and did then and there with
out first giving the notice to the
county clerk of Harris county, as re.
CURED by law, value said land at the
price of 50 per acre; and did then and
there offer the same for sale to said
persons aforesaid; and did then and
there Immediately sell the same to
said persons aforesaid at said price,
when in truth and in fact the same
was worth the sum of S. per acre per
section, when in truth and in fact
other parties, especially persons resid-
ing in the same vicity of said lands,
who desired an opportunity to pur-
chase the same when the same should
be offered for sale, were deprived OF
an opportunity to apply for the pur.
chase thereof, as said w. l.. Nc.
then and there we'll knew.
art. 8. That w. l.. McGaughev,
of the general land of.
ice Of the state of Texas, unmindful
Of the duties of his Office and in viola.
lion OF his oath of Office, did on the
18th day of October, A. ID. 1892, and
up to and including the 10th day of
December, 1892, ia the county Of
Travis, state of Texas, willfuily, ille-
gaIly and obstinately fail and refuse
20 call upon the attorney general for
advice upon the question as to
whether "r not the Sec
ions Of public free school lands
situated in Harris County, and de-
lcribed in the foregoing articles of this
to which reference is here
made, were detached and isolated
rom other public lands, within the
OF the law, regulating the
ale OF school lands and on the ques-
ion as to whether or not said sections
# land aforesaid were under the laws
sforesaid subject to sale to others than
ctual settlers. That said questions
md each OF them then and there in
'olved the construction to be given to
.rticle %, of chapter SO of the Acts of
he Twentieth legislature as amended
~ chapter 81 of the Acts of the TWEEN.
y-first Legislature of the state of Texas
md the meaning of said section and
# said entire act as amended as
foresaid, being then and there mat.
er OF don bt in the mind of said w. l..
as such commissioner
foresaid with respect to the subjects
mentioned in said questions and each |
4 chem, it being then and there the
luty of said w. L. McGaughey under
he law, and especially under the act
foresaid, to call upon the attorney
'eneral for his advice with respect to |
he meaning of said section azores aid
nd of said act, and the said w. l.. |
lcGaughey did, as aforesaid, Wilful- |
ully, negligentJy and obstinately re-
use to call upon the attorney general |
or his advice as aforesaid, and did |
hen and there ignorantly and wilful- |
Y grossly misconstrue said section of |
aid act in this, that he did then and |
here construe said sections of pu bile |
rec school lands to he detaohed and