The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-01

iHNu QiItCt, Dui tnNt saul i,fNOt fN'ic io> Y
nevcr bsen patented tho governors OF this
stats, from the Issuance ot said certificates
TO tsis time, having continuously denied
the vaf.siisy OF said certificates and loca-
tions. because OF the facts allesed in plain
tins petition.
i (as.J That at the time OF the location Of
said land certiHcatcs the official maps OF
the general land office OF Texas showed q
portion OF New Mexico to be q part oil
Yoakum county, Texas, ans being mislcd
thereby the following numbered certificates
wsie located in New Mexico. to-wit: The
certificates and parts OF certificates as
shown by the map from the land Office at.
\ tached as an exhibit TO agreement % coun
sci He'd herein. amounting to seventy-two
and e.gfst-;enlhs t12 S-10) certificates, or
| 1852 ucres, CT which land so located by
said certificates In New Mexico, 1896 acres
| 4 eiSof was located by virtue OF certificates
issued for work on the thirteen and three
fourth miles on Cansy creek and 1885
acres was locsted by virtue OF certificates
issuei for work done on San Bernard river
ami IL was not discovered that said GER
tiiicates had been located In New Mexico
until 1893 when an CRITICAL survey OF the
/ boundary line disclosed tho mistake ana
that said certificates were never foated
/: t2s) That the location Of said certificates
| except those located in New Mexico were
I all regularly made as required by law and
Il equal number OF surveys made for the pub
lie free schools, which constitute the even
| numbered surveys involved in this suit. and
i that the locations OF 81 the certificates In
/ volved in ,his suit We're properly am res
uiariy made. the only question being as to
| the validity OF the certificates themselves.
t24.) That the certificates in question
1 were VxeVuted by the then land commits
1 sioner during his absence from toe land
\ office and the usual fees for issuing such
! certificates were paid and said certificates
4 delivered to A. NJ. Hobby nj a place in ME
city OF Austin other than the general laud
4 office.
Under the foregoing facts and pleadinss
/ the first inquiry Is to determine the mean.
ing ami proper interpretation Of the acl 10. o.
| done. and. next, whether under the facts
1 found said act was complied WIN by the
contractor. and, II not, then whether tho
| Plaintiff can have the matter reviewed IN
| the courts. or, are the matters complaineu
| Of res adjudicata by reason of the States
| egents and officers whose duty It was TO
| Inspect and pass upon said work anu 10
/ issue the certificates In this case. having
| rsglsei upon the same AMI determined that
| the contractor was entitled to the certi-
/ ficates in controversy, and having issuea
and delivered said certificates to said con-
= tractor.
| The act of the legislature providing Tor
| the work done. which Is here in contro-
1 yersy, is in itself quite brief and is incon-
rlete as TO the details or method by when
nc ,apue and uncertain In some Of its terms
and hecause of the doubtfulness of the
n,sr,n,n,y of some of its provisions it is nee
essary to construe said act. In apply
ing the ordinary rules OF construction to II
/ in order to determine the legislative intent
| or mealing Of the language used in said
act wts.look first to the language thereof
itself aid next to the construction put
upon said act by the parties entering into
this contract hereunder, as expressed in
said contract and in this case 10 the con-
sfruetion uured upon said act bv the eN-
/ ern+i,,a Recruitment OF the government ut
/ Inc time of its passage and when TIE work
was done Hereunder. and also look to the
object the legislature had in view in pass
| ing said act and ITO the conditions as they
existed at tine time the same was passed.
The three streams intended TO DE cleaned
out under said act We're tide water stream,
near the coast IN whach the toe eopea
/ and flowed and winch were then anu ha =
| Tor many %aars been nhvlgateu from the ~
mouths 70 the mead OIL tue Wasei' which
| was considered the mead OF navlA'tion On
each stream; THESE streams were sh1 ,I
1 ana deep. peire lroni i've ier.' weep az 'n y
4 nead OF naNlealioh 10 .weHS i.s' 80 ... ~
the NOUN. anu were VIZ ne't .ne sItt,, =
me San beIAaIu rt ,s oeinh iio ,a ,,s ~
I olie nunuIeu a,,u ny a, vs. ..S 49,,
io"ef tmriltS -i'NS iii'sef ", TO rens'h 49,