The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-01-24
tULBERSON'S MESSAGE.
GOVERNOR CULBERSoN PUTS
HIMSELF ON RECORD BE
FORE THE STATE.
n. Does Not llincc Matters bur ii@"S
70 the Line for Retren"nmeht "h"
Reform-He Also Declares Tor
Increased Taxation as
Inevitable.
MESSAGE FROM THE GOVERNOR
'i Executive Office,

To the Senate ana llouS' Va NNP
tiyes: IL Tenant
,nents of the State Government, as now
INSTITUTED, are soIemnly pledged by pup
lic declaration to the inauguration OF Ger
toin measures Of legislation ana ADMINS
tration. Confident of this patriotic pur
nose of the Legislature to discharge thl'
obligation and rendering earnest co.operh
ZION in that endeavOr, attention Is lhFlteu
ia fine more important of these questions
PUBLIC LANDS. oo,
nv the General Law of January 0oth
1871 the State adopted the policy OF
encouraging the construction oil railroaus
Inv donating 16 sections of land for each
milo of completed road. Many special OF
nrivate acts pertaining to particularly
designated companies were subsequently
passed having the same purpose IN view.
This general course was arrested by inc
Constitution Of 1869, but the inmDltlon
was removed by an amendment 10 tne
Constitution adopted March l3th, 1910
and the original policy Of donations was
resumed by the passage of the act OF
Angnst 10th. 1878. This and all such
laws which may then have been in force
were repealed by the act of April End,
1899, and since then land grants to cor
porations have been discontinued. While
these laws were in operation there was
granted TO railway companies 3S,SZo.oou
acres of land, the great part OF when
was rich and valuable, comprising y per
cent of the total acreage OF the STATE.
Despite this generosity of the government,
many of the companies wrongtully APP
proprated large quantities OF land the
aggregate probably reaching ten million
acres. These illegal appropriations were
usually made on account Of sidings and
turnouts or where, under the terms OF the
law or because of forfeiture OF the grants,
the companies were not entitled 10 lana
for their roads or at least for branches
thereof In all cases certificates were
issued to the companies by the General
Land Office and apparently were regularly
located. The land was generally plated
on the official maps as belonging to the
companies, and in most cases patents were
dnly issued. On the face of muniments
of title issued by officers of the State
in apparent regularity the railway com
Dapies then appeared to be the owners OF
the land and the great bulk of it has been
sold to persons who have paid value for It,
The land is situated broadcast through
ont the State there being scarcely a
county In which some Of it may not be
found. Much of it has been in the pos
session Of the original purchasers or their
ycndees for twenty years and upon which
they have put permanent and valuable
improvements. The authority under
whi ch public officers may lawfully bind
and conclude the State is the law. Right
fully and necessarily every act of such
officials in excess of their authority thus
defined is utterly void, for in this princi-
ole rests the chief security of the people
against official incapacity and corruption
As applied to acts of officials beyond the
scope Of their authority there is no such
thing as a bona fide purchaser for value
and without notice as these terms are
technically employed, and consequently
all the land thus appropriated, into whose
soeger hands it may have passed or by
che act IF whatsoever official this may
have been accomplished, may in strict
ness be reclaimed While there can be
no doubt Of the soundness of this rule and
the wisdom of its general observance,
considerations already adverted
80 no less than Il wise
public policy render it just and
equitable that the title of actual settlers
on the land and that of other purchasers
in good faith and for value from the rail
road companies or their assignees be
lu,etcd and validated. The apparent ii
he to much of the land however, is yet in
the companies. In great many in
stances corporate mortgages were taken
that by their terms covered after ac-
quircd land of the companies, which evil
IDENTIFY formed no part of the cOnsdera-
ton, and in other cases the mortgages
we're executed prior to the issuance of
patents, and while the certificates were
the only evidences of title. These GER
tiicatoS uniformly exhibited on their face
hA nf IA prn InIpnt
such Hs these have been foreclosed and
title so land placed in mortgages or
trustees. Every act of the legislature
which authorized n donation of land to
corporations required its alienation i'll
good faiih within stated periods of time
in default of which the land became for
teitcd 60 the state. These provisions
were wisely intended to prevent and dis
courage perpetuities and land mOnOpolies
and should be effectually executed. In
unmiStal tble evasion of the law railroad
companies have frequently transferred
the land colorably only, sometimes di-
rcc'ly 30 individuals, sometimes through
simulated foreclosure proceedings and
sometimes through formation of new cor
IOratons by stockholders, bondholders
or directors of the old companies, in eff
forts to avoid forfeiture. by this means
the policy of enforced alienation is
ihwartcd and the land held in practical
pcrpetutY for speculative purposes in
obvious disregard of the growth and de-
yp'Dpu,ent of the State. Manifcstly nei-
ther of these three classes of holders
nave either legal or equitable right, or
claim sounding in public policy or which
appeals - the conscience of the people.
Uurnr he past eight years suits have
been instituted in the name of the State
AGAINST Their than actual settlers and
Is, tr.I IN
portion, If this land and some of them
are guJ ending in the courts of the State
and the United States. These proceed
Iugs have exacted great labor of officials,
considerable expense has been incurred
and all trials have resulted favorably
10 a., State. Although ap'
prehension Of danger and injury to titles
sought 10 be aroused against the recoy.
cry OF this land has been allayed sound
Judgment dictates the immediate passage
Of a statute validating the title of actual
settlers md purchasers in good faith for
value. but the right of the State TO re-
claim larl wrongfully appropriated should
be care. lily reserved in the four cases
named rpwit: % Where the apparent
tide is VOC in the companies; CD Where
the lnu1 has been transferred through
forp,1 .-u re proc.e lrGs y al st the com
p1uic.. b Where il has been trans.
iprrpG Ion evasion of the laws of aliena.
lion: and az Where suits have already
hcen instituted for its reclamation
Within The lines indicated the policy of
recovering public lands wrongfully appro-
priated should be vigorously pursued.
CDNSPIRACIES AGAINST TRADE,
Prior 10 the political revolution of 1S6U