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

application for patent on such individual
survey IL made 20 require a correction OF
'ne iield notes OF such surveys so that the
school fund will get an equal division OF
the territory free OF conflict and covered
by both such surveys
ABOUT a. oftin as such instances are
FOUND as is stated above and generally in
the Same block Of surveys. II viii be found
me reverse OF the proposition Is true. The
alternate school section will be entirely
Tree OF conflict while the individual alter
nate survey is either in part or wholly in
CONFLICT with older and valid surveys
In this latter case the owner OF the In
dVNual survey generally insists upon an
equal division, as In case OF the frs. prop
osition stated above, but on account OF an
opinion OF the attorney general have re-
iutod TO permit an equal division OF the
territory when the school survey was free
and the individual alternate is in conflict
In whole or In part. Therefore the State
Is charged with being unjust in not submit
ting 10 an equal division In both OF such
cas;s As matter OF equity and justice I
think an equal division in each OF such
cases should be permitted and required. II
the individual Is a purchaser. and such he
~, surely IL mistake is made In the sur
Wy either in his favor or against him and
we iake from him In one, he ought to be
allowed to do so in the other.
OFFICE FEES.
| respectfully invite your attention to
the Importance OF changing the fee bill
provided in article 244l, Revised Civil Stat
utes The law now provides only for the
charge OF 70 cents to persons who are not
the owners Of the surveys or their agents.
The fee should be not less than 81 and no
exception should be made in favor of the
owner and his agent or others, as Is now
the law, unless the charge should be great
er where the party Is not the legally ac-
credited agent The experienced officer
knows here that papers are worn out and
disflgured by constant handling. He knows
that the maps cost all the way from one
hundred and fifty to six hundred dollars
apiece, and that the frequent careless hand
ling wears them out very rapidly. aud he
knows that a clerk has to be furnished
to assist in making the examination, for
which the State vary rarely even receives
the Insignificant sum OF Is cents
The legislature should be informed that
the records here are not public records, as
they are in the clerks offices OF the several
counties, but archives and belong to the
State and individuals and are not for gen
eral and open inspection to anybody nor
intended for outside persons to speculate
on, while the owners or their real agents
rarely ever call to look over these papers
The real owners are always surprised that
the fees are so small and that small as
they are, no charge is made for their ex-
animation. All OF the owners are more
than willing to pay respectable fee as
guaranty that unauthorized persons. ex
plotting their private business would not
handle their papers.
During the last two sessions of the legis-
lature bills locking to this evil were pre-
pared by me and reported favorably by
committees of both houses. but never
reached on the calendar because before
tiny were reached the members whom |
selected to introduce them had been weaned
away from their support by the adrotness
Of interested local gentlemen, who, from
long experience and lobbying in their in
tere {, know so well how TO poison the
mind of the legislature against any prop
osition which affects their business.
| would, therefore, charge at least 81
for the examination Of ev5rv file examined.
whether the examination be MADE by the
owner OF the surveys or his agent, and that
such agent should have the written author
ity from the owner which ne shall exhibit
10 the commissioner, or the chief clerk.
before he shall be permitted to examine
the file III ALL unless such agent be the
attorney II the owner in the trial or prop
pective trial OF case In Which the title
10 the land Is involved, in Wnlch latter case
| would not require the written authority
from the owner. Where the applicant is
no, the owner or agent | would double
the charge, because in all cases these par
ties, being wholly unn cessary for tle
transaction of tho business of this office,
are engaged in private business, ia watch
they either receive handsome fees from
their clients or are exploiting a profitable
business OF their own entcrprsng selec-
tion,
In addition to above reason. the amend
mcnt would have the effect TO economic
by still further retr.nchment in the eteri-
cal force In the drafting department. With
such n law so mucA Of their time would
rot be consumed in explaining and showing
the compilation Of surveys OF the maps
Besides the office could be made more
nearly self sustaining, as contemplated in
the constitution.