The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-09-28
Biennial Report OF Land Commissioner
Baker an Important One.
IMPORTANT LEGISLATION IS NECESSARY.
School Fund Entitled to oS7oo7I leans
Is SuggestedAn Exhaustive Report Covering
School, Asylum, Timber Lands Now o. the rlarlet


lowing lis the text OF the biennial report OF
general land office which was handed to
the governor yesterday evening;
ills Excellency, Charles A. Culberson. Gov
ernor OF Texas
Austin, Texas, September 3, 1S9s-Dear
Sir / have the honor to hand you this the
biennial report OF the transactions OF the
land department of the State government
embracing the work accomplished, accom-
panied with appropriate statements and
tables, from September l. 1896 to August
81 Of the current year inclusive, together
with such recommendations under the re-
spective heads experience and close
observation suggest to me as useful and
beneficial to the State.
In the beginnlng win invite your at
tention to the case OF Hogue VS.. Baker. de-
clded by our supreme court In May last
ana reported on page 1904, volume 40. Of
the SOUTHWESTERN Reporter, because the
matters presented and determined by that
case effect very largely several importan,
items OF this report In this case the re-
sronden answered that the public free
school fund, which was entitled to one
nan OF az the nnapproprSlted public do
main Of Texas at the date of the adoption
OF the constitution Of 1876 had been out
STRIPPED by the location and appropriation
OF the SAN lands for other PURPOSES by
more than 100000 acres of land, and that
what was left of the unapproprIated pub
nc domain, to-wt 1853, 69i acres should
De beid Tor the use of that fund, and there
was therefore no lands subject to home.
stead entry.
The estimate made by this office was ac-
cepted as true for the determination of the
question presented, and the court dil not
concur in the proposition that because
the constitution gave The right to persons
without hcmeateads to acquire bv seltle-
men homestead donation. thu right con-
,lnues so long as any part Of the public do
main remained not specifically set apart 10
bhe school fund and NOT otherwise appro-
priated.'
TITS together With other suggestions in
the opinion OF the court affecting much of
tae lands disposed Of by certificate lea
ions and otherwise caused me TO call a
hait on patenting any lartls except school
lands and locations made prior to 1876.
II viii DO noted from the trend OF this
OPINION that many locations, made since
tho adoption OF the constitution of 1876
whlch were not accompanied by a survey
Tor the public free school fund of like
amount. are affected by It In more or lass
degree and may demand serious considera-
Ton by you, in calling attention Of the
legislature TO II. ana right at the thresh-
old II his report | beg to submit to YOU
approximately summary statement as to
the amount Of public domain In the state
ON April is, 1876, ana as TO it's disposition:
Approximately there was within the linz
Its of the State Of Texas when the consti-
tuition of 1876 was adopted "a. 96l, 27T acres
OF nnlocated public domain
Since the adoption of the const tuition of
1876 there has been located and surveyed
for various purposes rs follows;
l. For building State capitol, 1850 900
acres.
g For pre-emptlcn and homestead do
natlcn claims, i.s57. 1917 acres.
j. For State university, set apart by con-
stitution OF 1876 100000 acres: surveyed
Tor rrder act of April TO- 1883, 1000 900
acres; 100000.
l. surveyed and set apart for county
school purposes l.5i5.72I acres.
5. For common school fund DIN alD. 90 -
1000 acres
6. For railroads and other corporal ions
and individual purposes, 81 ,i5o 100 acres
!. Sold under Act of July II. 1879, and
the act OF March 20. 1887 I'm am, S,263, no
acres
Making altogether 72 1907 $50 acres, which
deduct from the 1891 .277 mentioned, VIVA
we have 3S53, G9i acres of unsurveyed pub
lie domain now on hand
There has been recovered from railroad
CulHpilNeS. as VIII nUfelnartpr be Get out
in detail, l.3S9,l30 acres
There has been located and surveyed out
OF the nublc domain since the adoption
of the constitution Of 1876 about H. 250, 6Sl
acres, against which the STATE common
school fund got no alternate amount or
like quantity. The separate purposes for
which sad l1,250,6S1 acres were surveyed
are as follows:
i. For State capitol, 1850, 900 acres
=. For state university, 1000 600 acres
- For locations by certificates OF the
first class, 1881. 500 acres.
A. For locations by certificates of second
Grass, Ssa69 acres.
5. For locations by CERTIFICATES of third
class 1861 acres,
o. For locations by bounty and dona ion
warrants other than veteran donation cer-
tificates, III, 262 acres.
Z. For locations by veteran donation Ger
terficates, 1,l69,3S3 acres
., For locations under our presumption
and homestead donation laws, lS5ISg1
acres.
8. OF the 800 leagues which were surveyed
and set arart by the acts Of 1881 and 1883
Tor county school land purposes not in
cluded in item 3, there remains aaapplled
to counties 190,40i acres.
~. Locations by the International and
Great Northern railroad certificates issued
as 'straights," that is, where no aterEa-e
amount for the school fund wus required
y " w suiNeytu, l,iVu,uuV acres.
Making altogether. 11,2506Sl acres,
against which the school fund did not get
an alternate or like amount.
It will be observed from on analysis OF
the above figures that at the time OF the
adoption Of the constitution OF 1876 the
pubkc free school fund was entitled to
about 37,S61,27T acres of the unappropri-
ated public domain, against which there
have been surveyed and returned by rail-
way companies and other persons % go 900
acres, leaving deficit Of about aST9. O21
acres due to that fund. after charging 1t
with 4.131,6lI acres. bang half the
amount received from the proceeds o;
S.263235 acres sold under the acta Of 1873
and 1sS7, az stated In the above summary,
which Will have to be provided for,
! respectfully invite your attention 10
the grave Importance or doing all we can
70 protect the homes Of many hundreds OF
81 poor people in this State, who. relying
3 upon the good faith Of the State, and
ercrant Of the true status OF the public
81 leu9p hare made homestead entries upop
me nnsurv*yed public lanis on which most
9! t!em perhaps COW live and have their
~ ~ Fot n Will not ~ overlooked that
* MI y9rtien Of theee people. II moi ali
8 T. ~ hAvs loeatsd their hopas