The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-09-28

'ht lltii uVttS INV uIl i'it III luc ldiiu VI
flco and the locations made hereunder.
shall be deemed and held as valid for the
benefit of the public free school fund as IL
the surveys had been made for that fund
originally.
SCRAP LANDS.
Chapter II, title 81, providing for the
sale o. scrap lands being now, since the
decision In the Hoguc case imperative,
should be so amended as to provide for
the continuance OF the sale Of these lands
but so framed as to authorize the sale OF
all lands In Texas lying east of the Tooth
degree of west longitude. repeating all
laws provIsing for any reservation what
ever. 1t is believed that this would ON
brace no body of land which exceeds 1000
acres. There does not appear to be any
reason why lands In small bodies might
not be sold anywhere In the state and
therefore the sale should not be limited
to only such small parcels as lie In coun-
ties organized prior to 1879, as Is provided
In this chapter.
| would also recommend that the pref
oronce now given to settlers who may
have any OF these small bodies inclosed
be also stricken out. This provision was
originally insertd for the good purpose OF
preventing all outsiders from going into
the enclosure of another TO buy lands. but
like many such laws, the good intended
to the citizen by the law is converted by
the intended beneficiary to the injury OF
the school fund Under ;his provision OF
the law the person who has these lands
hclosed. knowing that he VIII have a
preference for six months after notice.
takes caro- never to apply for them until
he receives the notice from this office that
lam. lt.R .lv.a if,I
hand, any person who may find vacancy
in like manner usually avoids IL. because
he knows the settler in the Enclosure VIII
buy ~ as soon as any attempt TX made
to purchase 1t by others and thus the
school FUND fails to receive any Of the
proceeds, | would therefore urge the strik-
ing ont OF this provision
The further amendment is recommended
to the last section of this chapter 80 as
to provide that all the proceeds be riiI
to tho credit OF the public Tree school
fund,
The best lands belonging to the claes re-
ferrod TO in this chapter having nearly or
quite all been sold and the school lands
generally being now sold at 81 per acre
would recommend that the Price OF III ,se
lands herein referred to be made the SAN. @
ard | would allow a purchaser to buy
What he ints out Of ANY body Of land
greater than 6iO acres, but | would not
Is less than dtn acres.
beg especially io call attention to the
fact that in suggesting the tooth degree
OF longitude as he western limit to which
these lauds may he sold, | do 50 only b.
cause the policy heretofore has been to
restrict the sale Of these lands to counties
organized pli0r to 1879, hut II the govern
meut Will change it's policy aud ndhera
10 the policy announced in the democratic
platform at Fort Worth in 1896 which |
believe TO be to the best interest of the
school fund | would advise that this act
be made to apply to all unsurveyed bodies
of public lands In the state wherever Sit
uattd and repeal all acts roservng any
public lands from sale no matter for what
purpose reserved.
am firmly convinced that the State
should 20 out Of the land business as early
as possible. and she can not do so as long
as the government continues to deal with
her school lands by retail.
All safeguards can be put in the statute
against the selling to corporations and in
favor Of citizens and natural persons as
well when lands ar sold in larger a. when
sold In small bodies Climatic influences
in the extreme Western and Southwestern
portions of the State are such ms the State
should recognize Il as q fact aud cease
to speculate upon its change, and tho law
should provide Il Way by which they can
be sold TO persons who are able and willing
to pay for them and take a patent as Is
contemplated in this chapter.
BACON & GRAVES PRE- EMpTIONS
hey to ca,l your attention to tn con-
dition Of homeseekers on the lands in block
Va Houston and Texas Central Railway
company surveys mainly Ia Scurry and
slightly In Borden, Mitchell and Kent coun-
tics. recovered by the State in what is
known as tbs Bacon \ Graves case Since
thc original Judgment in this case In tAa
district court of Mitchell county, and
numerously 50 since the afiirma-
ton of the Judgment in the supreme court
OF the United States. persons have sought
homes upon lands surveyed for the railway
company under the homestead law, They
hAye innocenSly placed their hoases on
THESE lands and are living upon them. In
fact the difficulty OF correctly determining
whether these lands Wsre a part Of tae
public domain, and subject to homestead
entry, originally caused the institution OF
the mandamus proceedings against the
commissioner OF the land office In the
Hogue case, hsreiubefore rofsrrc! to.
Since the decision Of that case, relying upon
the leniency OF the StSte, ana tru al of
re legislature, these paoe people, hayiag
their families and their al on these lands,
sim remain there as am informed These
lan1s are nearly or oultc all under lnass
contract In watch special clanse is Ia
eried, providing hat the leas M y b. ri,,-
| etilt1 Whenever the lands shall BE- IN d.
mana for any other government al use
respectfully suggest that in requiring tness
lands To be put ON the market t6at THESE
settlers should be specially provided for
and protested
CONTACT BETWEEN SCHOOL AND IN
DIVIDuAL LOCATIONS
By rec on OF eonilcts between two dr.
fsrent blocks OF surveys II frequently hap
pens that an individual survey maie By
virtue of an alternate school survey Is
either in part or Wholly in coufliti vita
older and valid surveys, In such cases it
! has been the rule in this department. when