The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-03-29
sIIEtAPlfll,.
Lar, a Very Important
L,sd Suit.
MILLION ACRES OF LAND.
a. the Decision of the
Xybethcr 1t Ii Public
| pcuiain or Not.

,a.. March os.-The case OF
"a Andrew j.; Baker. COM
mich was argued before the
this afternoon revives a
auesticn in connection with
Ind affairs, the settlement OF
.essearay TO fix the status OF
Hons OF acres.
msys for a writ OF mandanius
= commissioner OF the lnni
Y appIication made by and
n survey made Tor han for a
,cnat,on as a settler upun the
n and Involves the right Of
TO enter upon us a settier
Z and have surveyed 4 home
VI In wnat Is Known as the
mciiic railway reservation.
msclai act OF the legislature.
" 1873. ptaintf contends
upon when he has settled.
sfIou for and had surveyed.
4 the pubic domain prior to
and that the reservation cre-
M az that date having lapsed
ferms in 1851. the lana IN
IA reservation which was not
the Texas and Pacific, as
by the act referred 10, has re-
public domain aud is subject
upon as "A homestead dona-
State, through the attorney
Eaends that While the Texas and
ration has lapscd IN SO far as
Il interest therein is concerned,
|hpscd In so far as tue school
est is concerned.
A.. the State lays down the
| that the constitution set apart
4 MALT Vt lie entire public do
public free schools. which I'M
4 the school fund lacks about
's,cs Of having obtained, and
crc are only about 5000, 1000
appropriated public lands left.
TO the school fund and there
domsin subject to settlement.
inrwers the above proposition
that the supreme court in Gal
k,lsburg ami San Antonio Rail
STATE. II Texas. 367 lin which
II General Hogg contended that
were granted railroad cor
he State was entitled to one
Hand surveyed for the railroadf
lhe alternate sections surveyed
Mi fund.- held, Judge Staston
that the constitution OF 1875
mart an undivided half of the
J. domain to the public free
kleft il TO the legislature to
Mission OF the public domain.
Nto such rights and limita
constitution itself recognizes,
kE been done in the premises
Nh final and binding on The
/ i, will be conclusiyely pre-
] through such division ths
has acquired all of the public
HI was entitled to under the
ilso held, according to plant
y tonstitut.on OF 1876. in sec
|tkle II, provides for the dona-
NJ tfttlsrs of 160 acres OF land
baead ard while in the same
Is provided that one half
b domain Is to he ser apart to |
be- sch 5ols, one provision is no
THAN the other, and the plant
lease, having made application
bssteal and lad the same sur
Ne public domain, without any
legislature reserying or appro-
M land for the pubic free
flhe superior right TO the land,
d the legislature subsequently,
Deprive him of his right.
ktAy general denied that the
Barred to ehove goes to the eN-
n BY plaintiff. there being a
fsty q opinion as II the real
Mld decision.
! Henry Sayles of Abilene and
bon OF Fort Worth, .enresent-
" sections of land l0catci nv
n and Texas Central Railroad
fthin the Texas and Pacific
which sections are in the same
The land claimed nv liosue,
fsied in tho abstract question
Neared In tho Ease by cnnsen
tint argued that the Texas and
ffnation Was unconstitutional,
wetore the Houston and TeNds
il'ons made therein we're valid.
lh and Hogue and the State
ryalidity of tho Houston and
ftual locations. Ho.,ua y entry
lso, said locations.
scHARTERED.
|'vins corporations filed their