The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-12-24

felt, because of the decision referred to
although it does seem that they should
have some relief, then, surely, in the
absence of appropriation to refund, there
should be no objection to the valuation
of these sales. t
CONFEDERATE CERTIFICATES.
The records of this Office show that nm
der the act approved April 8, 1881, 208S
alternate certificates of 1880 acres each
were issued to confederate soldiers, az
gregating 2,647040 acres for individuals,
and a like amount for the school fund.
Seventeen hundred and twenty-six of
these certificates were located and re-
turned to this Office, aggregating 3,941,-
All acres, of which. for individuals,
there were 1,979,S52 acres, and for the
school fund, 1861 ,565 acres. OF the in
dividual surveys, 1,540,001 acres have
been patented. OF the school lands, 49,
645 acres have been sold by the state,
out of which 42,306 acres have been for
feited to the state, leaving 58,330 acres
sold, the accounts of which are In good
standing. The balance of these confed-
crate certificates, 342, not located, aggre-
eating 437, 7G0 acres, are now barred by
limitation. OF the locations made, about
50 per cent are not contiguous. VIC
Under the decision in the case of Won
Rosenberg vs.. Cuellar, 80 Texas, D. 240
all locations of the certificates not made
so that the location of the individual GER
tiicates. was contiguous to the alternate
school location, were held to be illegal
In the case Of Smith VS.. McGaughey,
81 Texas, p. 81, the court sustained the
mandamus writ and pointed out how
the illegality referred to In the former
case might be cured. The suggestion
in the Smith case was that the commits
sioner should select, after, n division,
what survey or part of survey should be
held for the school fund i@ fl'p
A critical examination Of the statutes,
with the aid of the attorney general, dis
closes the fact that there was no law In
force under which the surveys might he
divided and surveyed, nor any appropria-
ton made to pay expenses for making
such division and selection by the com
missioner. 1T is suggested, therefore,
that provision be made to meet the Bpg-
gestion in the Smith case In view, how
ever. Of the fact that all Of the individual
surveys, except 430, S51 acres, have been
patented and large quantities OF these
lands have passed into the hands of re,
mote and innocent vendees, and IN view
of the fact that the state should make
valid her patents under the great seal Of
the state, when it can be done without
injury, ] am inclined to the opinion that
these surveys and patents should be vail
dated under proper restrictions and ex-
ceptions. t5lJ3 COZ .ti t
| herewith append statement of account
of o. N, Hollingsworth, ex-receiyer,
showing the total amount due by him to
the state, together with statement OF
patents delivered and charged to said
account, as provided for under the act
of April %, 1891, and the amount refund
ed to individuals, az provided for under
the appropriation act of May 3, 1895:
To credits TO various parties,
as per ledger ...., ....... .$1O,0b4 %
To cash turned over TO his
successor. ITO oU
To actual shortage .... .$10,438 70
To patents delivered and
charged to ledger -. $50. $3,421 90
To cash paid depostors ..... 26 "a
To credits. as per corrected zj 3lI
ledger, due individuals -. 6,836 81
Total .$10,554 IS
This last act was so worded as to ex-
clude all creditors Oh thiS RECOUNT ho"
receiving any moneys except those who
had deposited moneys for patents, when
patents could not issue. see no rca-
son why preference should be shown this
class of creditors over others, and would
suggest that an appropriation be made
to refund the several amounts to all per-
sons who may demand same, and to. au-
thorize the receiver to recognize these
credits as valid in all cases where the
individual depositors do not wish to with
draw the amount. If this suggestion is
concurred in, then / would suggest that
the law be so worded as to protect these
creditors against exorbitant fees charged
by collecting agents.
A MORE CHEERFUL VIEW.
Madrid. Dec. 21-(Copyrighted, 1896,
by the Associated Press -There can be
% da,,Lt Tint thl. Sra IIish nreea and nnh-