The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-02
RECLAIMED LANDS.
Governor Advises Repayment OF Pur-
chnhc MnncN ON CnnliItons.

~
chase Money ON Conditions.
Austin, Texas. March 1.-The following is
the text Of message from the governor
received BY the house and senate today.
To the Senate and House OF Representa-
tive1.
In July. 1879. the Houston and Texas Cen
trail Railway company. by virtue Of land
certificates issued for the construction oil.
it's railroad. pretended TO survey large
body Of land knsvn as block 81. situated in
the counties O: searry. Borden. Kent and
Others. The block Of land was within the
Texas and Pacific eighty -ialle reservation
and the locations therefore void Jumbo
Cattle company vs.. Bacon * Graves. -
Texas, 3D.
by the aets Of July Il. 1879. and March
u. 1851. these lands, with others. se.e Of
fe-ed Tor Ssle b. the state =, 50 cents per
acre. but were withdraw from the market
ty the act approved January p. lss5. on
Dt1e-lteg J.. isA@. Z. ". Bacon 4.i I.
c. Graves r1ate Application uncer Tie i4aA
o. 1873 and I.sl - purehase aooai tJJ Sec
tiout u II. lard .u.ildee IT, block ~ AID
ttey prrpOrtcd 10 have the land surveyed
.Eso EAcs.ous o. GiJ arrez. as required ~
the statute. yet. 10 fart ihe surveyors ouly
cguied Tie nel1 aOlcs made for the galway
comrany ca NAY IS Eul d. 1855 cad
within The required time. they rendered 90
The state treasurer $3.50. being ~ cent?
per Scre fer $4,000 acres q land which
vas declined b. Trio treasurer upou the
ground that some Of the Eu.gcyz corxci
school lands. On January .. 1881 they
again made tender 10 the treasurer. this
1t 4.
s.s-2i9 acres ~ Land. THIS money was &C.
cepied by the treasurer under the advice
oil Attorney General hugx bat the par,lrs
were previously Informed that the claim
10 the land would BE- rssiEied By the State
and the payment would BE- made upon thai
condition.
IN the meantime the property q the rail-
way oomrany, including the olaim to the
land. was placed in charge Q, a receiver
appointed by the United states circuit court
Tor the Eastern district Of Teraa. ia the
course OF this recelverahip mortgage liens
npon the lands were forcclosed nug the land.
sold to +. T. Olcoit Of New York. 70 whom,
ueeds were made ana recorded. but tho
court by the decree undertook TO reseryo
hihited control over the property pgt,sI,h-
Standing the safc. While the recelyershiu
Mae pending many other lands OF the CON.
pahy We're sold and the fund ihra cr,atef
was held by tho rscoiyera Olcott hnt1lr,,
unuer me company. and Bacon ana Graves
uhoer their alleged purchase, thus bell co,
nicuhk claims To the lands, both ~ Whit
were resisted by tho State. Thee. ,.,,t..
practically merged and consolidnfod NJ,
claims and on May &c. 1880 Bacon q e.
transferred the land to c. c. Gihbs 80 tr,,.
, we, VINO held 1t for them and Olro,, so1 H.
interests he Represented. IN consider,ttar ~
Wnich oicott furnished the rnane,, Mill,
WIS paid into the treasury. AZ a,ra, IA. 49,
co. out of the fund referred In ava a..
Iahus were TO be divided between tter, a.
stipulated proportion II patents were Oh.
famed On the Goth day of september tset
suit was Instituted by ME as at,ornsy ,.g,
eral 10 recover the lands and leter,niy. ~.
controVersy Judgment was roco,nrss 49,,
Ihe S'ate against Bacon G Graves ana - -
Eibba. trustee. because the lands ,s,,a - -,
'egaiiy SURVEYED: It was affirmed nv ur
court OF civil appeals. u writ Of ,rrar 80
denied by tho supreme court ~ Tho c..
and writ of error sued out 10 ~, 'a,''
preme court OF the United stntes ,rss az, ~
missed for want Of Jurisdiction ,J,ooon g
Graves vs. state. CT Civ. App. e92. m.
con VS.. Texas. 1863 U. s., QO7 \ VS. "''
From this statement II ia clear tho, A.
title to the lands has bceu finalIy ast,, w
TO be In the State. Tho CLAIM, ~; ,Is,
originating with the company is sott,oa ~
cause when the certificates were loca,oa w W.
lands were within the reservation pamco