Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-08-24

SUGGESTION GIVEN.

Austin, Tex. Aug. % ,--srcelai)--
Commissioner Baker OF the general
land office gave out the following Tor
publication today:
Attorney Generals Office. Austin,
Aug. n, 1896. \. j. Baker Com.
missioner, etc. Austin. Tex Dear Sir
Your letter OF recent date is before
me, IN which you ASK about how 10
put into operation the rule laid down
by the supreme court IN the ease
OF Smith W.. McGaughey. As / under
stand that case, the court decides that
where lands were located not contigu-
GUS, as provided by law, but otherwise
It might be pnrtttloned, onc-hHlf OF
each survey to 70 TO the school FUND
and the other half to the locator, and
that the power to make selection was
lodged I'm the commissioner. There are
some difficulties In the way Of eNecut-
ing the law ms thus interpreted. Nnd as
10 the proper Interpretation that given
by the court must be accepted with
out question Where You have the
data which would enable you to make
partition. you can do SO as auggestcd
In that case by the court, or II you
have an cmploye In the lind Office
who hns Information upon which you
arc satisfied 10 act, aud he imphrtg II
to you, you can make the selection But
Il seems to me that there must "
large number OF cases n which the
character az the land IN the several
surveys cannot be uscertaincd without
an actual survey Of tho ground. II
would, therefore, require consider
able expenditure OF money to be ahlo
to make the selection, u seems to NE
that tho owners Of the land n they de-
sire their titlca settled In accordance
With the suggestions of the supreme
court, ought indeed 10 be required TO
d fN "a VEHH
way, because Il waH by failure To-
comply with the law on their part
that "a partition has become necessary
or even desirable, II the owners Of the
land will pay the expenses Of personal
lnspectlon OF the survey when II IN nee
essnty In order to have the matter adj
luHted, then you can mako tho parti-
tiou as suggested. In the event OF
tnclr failure 90 do 50, however II
seems to me that you VIII be unable
10 execute the law where n VIII re-
aulre a personal inspection Of the
land, because there Is no appropriation,
as ! understand, for auch service You
will. therefore In such cnaeB he com
PEELED TO await legislative action
In caees where the lands have al
ready been patented and pnrtilloh ~
mnde as above suggested. ] think the
patents would have to he surrendered
il would hardly be proper 70 sell any
of the school lands set apart by virtue
OF confederate locations until they are
pnrtltioncd In accordance with the
above suggestions, or until some fur-
Their Legislation is had In the prem
iHes.
This. / believe, aurclently answers
the interrogatories propOunded, though
| not perhaps In the order In which they
/ have been asked. Yours truly,
NJ. NJ. CRANE,
Attorney-General.
4 mi. ,.,fssutuuar fNf lunh ptflFH
| concurring fully In the suggestiona
made In tho opinion OF the attorney
/ general above, desires TO say TO all
persons Interested In obtaining patents,
or In purchasing any OF the lnndh sur
| veyed for the school FUND by authority
OF The Confederate Veteran certificates.
that he viii be guided by these auggea-
tons, and that II viii be impossible
| for him 10 give any further Information
! touching these matters than IN contain
i ed In the opinion. 1t VIII be noted
/ that, In the absence OF any appropria-
| ton. and the failure Of any authority
| given by law TO rely upon any one 10
furnish Information upon which
| would be authorized TO select a portion
for the state school land In cases where
| the survey was not made for the
school, contiguous to the individual
| survey, II win be Impossible for me TO
| take any further steps in such cases
until legislative action is had. would
| venture TO suggest 10 all perHonH who
have heretofore purchased under
former administrations that they
| keep up their claims In good standing
| with the treasury, so that their rights
may not be disturbed or impaired
through amy failure on their part. !
| feel satisfied that the legislature VIII
see the Justice and Importance OF set
Ting this question when Il next assem-
blcs This, OF course. is only an indi-
vldual opinion but feel that no higher
duty could devolye on the legislature
than 10 settle forever these clouds upon
titles to lands. the sale Of which the
state has in It's governmental capacity
authorized.
In general way, therefore. ! say
10 ALL SO far as this office ~ concerned,
this question may, be considered az
settled, until additional legislation IL
had. ANDREW J. BAKER,
Commissioner Of the General Land
ONCE.