The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-01-21

resents the number of voters in those
counties. Continued organization of such
counties is unjustly expensive to the res
idents and land owners for current eX-
penses, and has frequently resulted in
the erection of costly and extravagant
court houses and jais. 1t is a hardship
upon the judges and unnecessarily expen-
sive to the state to maintain judicial dis
| trict machinery there, for it is imprac-
ticable to secure grand and jetit juries
| for the 4ransaction of the business of
the district court and no useful purpose
whatever is subserved. When the num-
Der of voters in counties falls below
| fifty the organization should be suspend
ed, with proper provision for the levy of
a tax by the comptroller to discharge
their outstanding Indebtedness and attach
ing them to other counties for judicial
purposes until organization is resumed
Besides discontinuing the expenses al
luded to. the time of judicial officers
wasted there in vain efforts to transact
business may be given to other counties
and thus assist in reapportioning and re-
ducing the judicial districts. The plat
form declares in effect that the public
school lands should be sold to actual set
tiers so as to promote the settlement of
the country and its speedy development;
and to accomplish this, as well as that the
school fund may be more speedily in
/ CIcuSCu, SuOulu ne tll-
acted as will facilitate the sale of such
lands, rather than perpetuate the lease
| system. The price of agricultural lands
is now W per acre, pasture lands 81 per
acre, timbered lands So per acre and the
rate of interest 3 per cent. The only
practicable way to facilitate and increase
the sale of the lands is to reduce the
price or the rate of interest. The price
of pasture lands and the rate of interest
were reduced in 1895, which should be
sufficient, and the price of timbered lands
seems low enough. Besides, reference
is made in the platform declaration to
sales to those desiring homes and is pri
marily applicable to agricultural lands.
The state should cease to be a land owner
as soon as practicable. If the price of
these lands should be fixed at 81 or $1.50
per acre, it will promote the development
of the western part of the state, put the
lands on the tax roll and invest the fund
for the benefit of the schools, benefits
that will outweigh any probable increase
in the value of the lands which will re-
suit from holding them indefinitely, but
holders shonld not be permitted to forfeit
purchases already made and repurchase
at the reduced price. One of the sources
of the available school fund with which
the public schools are maintained is the
interest derived from the investment of
the permanent fund in county bonds
In October, 1895, when this subject was
called to the attention of the legislature.
then in special session, there was on hand
in the treasury ,uninvested money belong
ing to the permanent school fund amount
ing to S23S,000. In April. 1896, when
the matters was again referred to pub
licly the amount had grown to $4,000.
has been transferred to the available
fund, on January Z there was in
the treasury uninvested $213,5S4.
This accumulation results from two
causes mainly. % the increased foreign
demand for Texas municipal securities
carrying them to premium, by which
the state board of education. limited to
the purchase, of bonds which bear at least
, per cent interest. is practically driven
out of the market. and (2) almost con-
cert of action of counties in funding their
bonds now held by the state bearing 6
per cent into . per cent bonds and fire.
quently dispOsing of the new bonds to
other purchasers. The fund under exist
ing law can only be invested in bonds
of the United States, the state of Texas
and counties in this state. and since the
two former are at a heavy premium. in
vestment is practically limited to the last.
We are charged to enact such careful
and guarded laws rs may be necessary
for the state board of education to COM
pete with private investors in the pur-
chase of county bonds so that this money
may not remain idle in the treasury and
to meet this requirement it is essential
that the minimum rate of interest the
bonds shall bear be reduced or the limi-
tati0n on the amount the board may pay
for bonds be modified The benefciaries
of the act creating liens in favor of la
bOrcrs. mechanics and material men
should be enlarged so as to embrace any
clerk. accountant, bOokkeeper. artisan,
craftsman, factory operative, mill oper-
alive, servant, mechanic, quarryman and
| common laborer. Often benehciaries of
such liens are denied the remedy for col
lccting their claims because they are too
poor to employ counsel and the claims
are not large enough to justify taking
them on contingent fees. When they are
compelled to resort to suit to enforce pay
ment of their wages an attorneys fee
of SO when the account is less than 500
, and 10 per cent when above that sum
should he included in the judgment. The
venue of suits for wages of labor and
enforcement of these liens should be fixed
in the county and precinct where the
, services are performed or where the
debtor resides. at the option of the plain
, tiff. As the law now is, laboring men
must often abandon and lose their claims
because they are unable to collect them
/
, sequence of the expense of attending
them. More than half century ago in
South Carolina a railroad company. in
order to relieve itself of responsibility
for damages suggested the doctrine of
fellow servants and it was adopted by
the court 1t has since become the rec
ognizcd law of the land except where
modified by legislation. Broadly put it
means that II person engaged in service
can not recover damages of his employer
for personal injuries. nor his family if
death ensues, if the injury resulted from
the negligence Of a fellow servant. Be
, lieved to be cruel and mercilcss by many.
, | it has been vigorously attacked in this
state and though the court felt bound
, to follow previous decisions, Chief JUS
tice Gaines thus thoroughly exposed the
, injustice Of the rule in an opinion de-
p livcred in 1883:
t 1--WE confess that the reasoning upon
which the rule has been adopted is not
2 very satisfactory. 1t is said that when
2 | the servant accepts the employment OF
: his master he implicitly assumes the risk
2 of the negligence of his fellow servants
: The argument seems illogical. 1t amounts
| to saying that the law is that he can not
$ recover because he takes the risk and
b that he takes the risk because'the law i
+ 50. BY parity of reasoning we might