The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-11-01
He GIBSON LAND CASE.
H 81 the Decision Therein by District
Judge Brooks.
Z STATE WAS AWARDED lsl,sA ACRES
eferAa nts Hcta 20 he Entitled 10
the Rcmainin9 lS7,slO Acres Of
the Land sued For.

Ooks, judge OF the Twenty-sixth Judicial
trict, Blended down the following opinion
the Gibson land case today. He awards
State 4S4.5i4 acres of the lands in
lived. and decides that defendants arc
titled TO 157,44O acres thereof:
This Is a suit by the State of Texas, act
through her attorney general as plain
against the Leon q H. Blum Land com.
ny, private corporation, and others. a.
PENDANTS, in the form Of '.trespass to
Title to recover 1912 sections of land
$40 acres each, described in plaintiff s
tition, and situated In Yoakum and
(iry counties, constituting the entire
unity Of Yoakum and the western ona,-
ird of Terry county.
The defendants discFaim as to all the even
mbered or school sections so sued for,
d as to the remainder plead general
NAL and not guilty.
The plaintiff, by supplemental petition,
eges that the defendants claim the land
controversy By virtue OF the location or
ftat1 certificates issued by the commits
Pner of the general land office of the State
Texas to John II. Gibson for work
LINED to have been done by him In clean
out the San Bernard river ana poi-
IN Of Caney creek in said State under
. by virtue of the following act of the
kislature of said State, approved March
1875, to-wit:
Act to Improve the Navigation OF Oys-
er Greek, Bernard ami Caney.
Section L. Be IT enacted by the legisla-
re of the State of Texas, That board OF
ree commissioners. any two of whom
~ act. be appointed by the governor for
th of the following streams: Oyster
EEK, Bernard and Caney; said commits
)neis to be selected from the Inhabitants
ling on said streams, who are hereby
Instituted with full power to superintend,
ntracrs for and control the opening and
barring out of saf5 streams in this State.
Sec. 2. That the said board of commits
beers so appointed shall. within six
bnths from the date of the passage OF
is act, enter into contract with solvent,
spousJble and experienced contractors to
zen and clean out a channel in said rivers
d creek, at least sixty feet wide. by cut
bg or saving off, digging out or other
Sc removing ali distractions below what
now considered too low wafer for nav
atiOD. and to girdle or cut down all trees
kelly to obstruct the navigation of said
fers or streams, for each and every of
i'd streams, from the mouths of the
|1ne to the head OF navigation on each !;
so for cutting canals through shoals, oys-
j banks, bend or benls Of said rivers.
XSec. g. That the governor Of the State Is
.eby authorized. and required to appoint
ION each mile of said stream or streams
opened ami freed from obstruction, who
sll. under oath, file certificate with the
Smptrosler. after he has inspected said
f,rk, settling forth the number of miles
prked on in sad streams, opened and
eaned out, as required by this act and
W each and every day actually employed
p inspecting said work so done on said
~ m or streams, the said engineer shall
entitled to receive the sum Of SIS per day,
be paid by the contractor or contractors.
HSec. 4. That upon the filing of the GER
icate OF the engineer as provided for in
10 third section of this act, the COM
issioneT of the general land office shall
sue. or cause to be issued, to the con-
actor or contractors who shall have done
e work. for each and every mile of
i'd stream or streams so opened
ght certificates, each one for
b acres of land; said certificates issued
hfer this act shall be located in alternate
ctions, the even sections being reserved
the school fund. as other lands granted
aid of other works of internal improve
ent under the laws regulating the same,
any of the unappropriated or previously
bsurveysd or INDICATED Tand of the State:
Fcwded. always. that the State of Texas
ball not ba responsible for deficiency of
[)Ibltc domain
& Sec. S. That said contractor or contrac-
Sudll complete tEt WITH ny tuc uiSt
bH OF December. A. D., 1876.
Il Sec. 6. That the land obtained under the
-ovisions CT this act shall be alieuated
ithin sixteen years. and a failure TO COM
y with the provisions OF this section
ball work a forfeiture of all lands not
lierated as required by this act, and the
ngineer appointed under provisions of this
BIT shall be paid by tine contracting parties.
Sec. Z. That this act shall take effect and
p In force from and after its passage.
4 Approved March 10. 1875.
a Plaintiff alleges that under the pro-
tsions of said act the contractor was re-
liired to clean out a channel in said
ream for the width and lin the manner
fcvided in said net and contract for said
reams, but that the work was not done
provided for In said act and contracts.
or was there any substantial compliance
said contractor with said act in doing
DIRK on sid streams. and on consider
Bile portion of said streams, for the clean
be- cut of which certificates were issuoi,
b work was done at all, and that the
hgineer and agents OF the State, whose
uty it was under said law to examine and
ass upon the work so done, did not per-
btm their duties under the law. but
sudulently colluded with the contractor
ind falsely certified that said contractor
ai cleaned out the San Bernard river foI
distance OF fifty five and three-fourtn
VlltS ana Inc AtHty EItch lOf 1u'etSn ahe
rree- fourth miles In tho manner called
or in said act and by means of said false
certificate of said engineer and other falst
representations of said contractor and MS
3gents and representatives, said ceruncates
which were located upon the land in con
roversy in this suit were procursli to DC
ssued, under which locations defendants
n this suit claim.
Wherefore. plaintiff says that because o.
he failure OF said contractor TO comply
NTH the law under which said certihcate'
Eere issued, and OF the fraud practiced u
eoure their issuance, the same should p'
banceiled and the land located thereby re-
lowered by the State.
The defendants answer this supplemental
petition by a general denial.
The questions Of fact. as we'll as OF law
being unlimited to the court. without
ury, find the following to be the fact'
bhown on said trial by the evidence. TO-
wit:
a. That the law as eel out a. plaintiff
supplemental petition was passi by w
legislature OF Texas and ~ Jroved OF
March 10. 1875.
I'd That r. A. Washington ras at tina
lime an engineer. and. under Saih aci. NJ
Was afHo'nted by the governor Of the siN,
bf Tex5e TO inspect and pass ~ on the wori
nvolved IA ,sts controversy ann hah iSsue'
3n hun the follvsiug commission:
In the name and py the '.S,sori'y OF I'M
State OF Texus.
ro Aii TO Whom rstse rnesents Shall
Come. ~
Know We. that J. Richari Coke. gdEerno
M Texas Arenosing spsssial trust art ful