Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-07-04
THE G0SS LAND BILL
Opinion of the Attorney
General.
THE LAW is NOT CLEAR.


! missioner BAKER In reference TO the uoaa
land bill enacted By the twenty fourth cgis-
iature, ieA huen slyon out Commissioner
| Dakof Issues the tnllOwlngt
! 10 the Public; The attorney general at my
! !sluott has accommodated mo by taking IN
lhe mattor OF tho construction OF q Part OF
section OF the nchool land Flaw, which has
ahveh inc snufuo Of 10 much intofost In all
warts OF the Western country and / take
] pleasure IN presenting below his opinion Il
,Nill be observed tina, he anawcra only the
I questions presented directly By me. These
questions when presented covered the main
! uuhloels " inquiry which had como into
the once by correspondence. / would rug.
! gus, therefore, that all persons who iutond TO
! aNal nomaolvoa of tho gro,t advantages
I mNoh them under thia preference clause,
] mat they avail thoioHoiycd % their pfafor-
| eneo and thus avoid complications which
| may arise against other parties applying 10
] purchase these iands These complications
,AHca where pofnoun desire TO ronurohaac
aontcd ANDREW j nAKrp
Gammirqioner " the General Land Oniro.
The attorney generals opinion ia hero
| Hlvon and rpoaka Tor iHolf'
| Austin, Tex, june 70, 1904. ]. Daker,
] Tex, | have before me your letter III
| roforcnoo to tho lend law enacted hy the late
legislature IN Witch YOU ask
l. lf salon Of any Of the HOhpni lands have
| nr may be forfeited shah tho values % the
| improvements. II any thereon. be added To
nc price Of tho land whom roSoli under the
now law7
Whether section limits tho original
/ purchaser, who has forfeited hln nurrhaNo,
| 70 the time when he viii ho required 10 pay
/ OIL nNHt duo ntcrcpt merely. nr can he after
the tlmo hal expired In which he has a
] preference right to purchase. and his original
| nufchnaod land iH on tho market for sale
| ropnrchaso without being required 10 pay
| aueh past due INTEREST," IN other wotis, IL
! he not required 10 nny such past duo tutor
] est mpfnly asa condition which RlVoa HIN the
/ pieiofenco To ropurchaao, but Afterwards can
| ron9rehaee without compliance with this
x il a purchaser has allowed bis sale to
| become forfeited, under the law can hls wifo
! purchase tho ramo lAnd IN her own nsmof
| u 20. shall tho value " the improvements be
| added TO the value of the lands
think II clear that the improvements aro
not 70 be considered In fSinr the aelllng price
OF tho land. The law having nxed the price
! per acre for which the land 10 TO be- hnd
! u must follow that when the sale VI the land
Ia made Il carries with u avery character
| " improvements which could he donomlnatod
! nNtnroa Under the wcli established fuloa
| Of construction, such improvements would
| be a part II tho realty,
Your second question Involves cnnstrur-
ton Of section o. That portion Of section q
| Witch has any relevancy to tho matter Ia.
qnlrcl about IL IN the following Language
| ANY owner u innd heretofore purchased
and which land han been or may DO forfeited
| for non -paymont OF interdst, shall have nine.
| " days prior rlght after tina act gooH into
tho mdfi,et To purchase eaii lend ,glih1ui
the condition of settlement and occupancy
In case u has boon occupied for tlirre con-
pecutiyn years as required by law but II not
| then he shall reside thereon until the oocu.
panoy under the nrat and last putrhAnea shall
| together amount 10 the term " gnid three
| years provided that whom any forfeiture has
| nocn made, the commissioner Of tho general
| land office shall add to tho appraised value
| Of the land tho amount " Interest due thereon
/ AZ the time " forfeiture witch shah be paid
| IN cash with the nrt payment " onusfof-
tlcth 81 tho appraised value OF the land whom
MN ria
| h0relu, Any original purchaser or ha yondac
| Of any ~ tho lnnda the galc VI which IL
provided for In THIS act who has improved
| said land ~ home and who has been
forced to temporarily abandon same Oh acc
count " drouth aud who shall ~ goud taiih
rooconpy nano. either BY thCmfclvoa or von-
| deea within six mniithH after this act goes
Into qnVot shall not have tho forfeiture de-
| carad agelnat thom undor ne law providing
occupancy provided. that they shall make
| andavit supported by the ntldaylt of three
disnistegted wlineases, that they have reoe'
cuniod tho land as home IN good inlth,
| and that they had abandoned the same since
their purchase on account OF drouth and not
Quoted from tho three years occupancy re-
quirnd By law In making nnnl proof " ocou-
Fancy; and provided, furiher that any pnt.
chaHcra or tlielr yandees Of anch lands which
have failed To- make prof. of ocounancy as
| REQUIRED by tho law Regulation such pur-
ehases shull have sis monihn after nils act
shall take nroet TO make such proof ~ oscu-
pancy as required BY tho provisions Of this
| act" The remainder Of the section preaurihoa
the method Of rnmiuing the purchase money
10 me ifoarury, the date u payment, etc.
The meaning q The law IL not clear.
think however, that q proper continuation
| Of tho nci In qupniion II ~ glyn zach actual
aottler who may hate occupied land for tho
period Of three consecutive years and WhoHc
land has been forfeited the prior right fof The
period u ninety days TO pay up all money
| dur upon the original purchase, together with
the amount REQUIRED on the new pnfrhaae.
| and thnrehy render further orcnnnncy Of tho
| hV a lin NruuONn tIuflVpgf1lrN. III
| however. The dcfnulfinR purchaser had Guou.
pied tho land for period o. lenr than three
| on the old purchase. have the period " his
| INST occupancy computed With tho occupancy
under me socona purchase and when the
two periods npgtegnio three years further oc.
| rupnncy VIII DO unnecessary To illustrate A
liyos on land which he has occupied Tor iwn
td Sas .o saa w,6a ninety aay we
| by paying all intorcet on PRIOR purchase and
tho amount duo On tho new pnrchhss, render
question moro than ono ycer under such new
| purchase,
II must bo noted In this connection that "
ihe puTeha,et ialls % pay re Interest W 70
| rcctly within the prcvlaionB Of this statute
he stands On the. same Hround "a any other
portion 81 he land that 10 may have there
| i0fdrc occupied and Improved. aud bcfidos
be win have % continue % eeoupy ne Land
ond purchase On order 70 acquire title.
II those who have heretofore purchased
and whose binds have been forfeited, do
not avail thomnelyrs o. tho prior rlght for
tho period " Bnoty daya 10 purchase the
land IN question they would not hayo 70
| nay the interest on The original purchase bc-
fore being permitted 70 purchase unQcr the
now law.
In auHAer to your question m TO whothcr
married woman can purchase land In hGr
/ own name which has been previously puf-
chased az against her husband. I bog to nay
that Tho ontlro purpose " the law seems 10
he, 70 limit ile purchase 70 actual pctflern.
II married woman u An actual settler.
that IL 70 say " sho aud hor husband settle
an the land and rcIldo there With thar fam
ilY I know ~ no reason why she should not
ho permitted 70 purchase lands from tho
aihfc a. well M FROM an individual, provided
the conditions imposed by the state are com,
piled with that H. actual occupancy by
bsnA nde settler for Tho period required BY
law think Il hardly material. 40 far az
|. The public policy Of Tho aqt I. concerned
whctfor the tltla of tho land Is IN thu
husband OF 81 the wife. 80 long he II Ia
nsags the no%e o. ne fsmIlg q, ne Pc