The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-11-10

Report Of Rosan Clears Away Some False
Impressions Heretofore Created.
THE Hocuf DECISION is NulLIfltD
Has Bccn Removed nn6 school
Fund Gets Its Due.

Austin, Texas, November a.--tStafr Spe-
cial)--The report on the condition of tbs
public domain, submitted TO the goyernor
~ Land Commissioner Rogan. unier the
provisions of an act OF the TWEEN " sixth
legislature. and published In Us entirety n
today's Post, practically nuil.fes The dc.
cisicn OF the supreme court in the Hoguc
case.
Based upon figures made by ex-Lani
Commissioner Baker, who Yves welded TO
the belief that the school fund had been
short changed to the extent Of about
lo,0C0000 acres in the division of the un-
appropriated public domain on hand at
the time Of the adoption Of the constitution
of 1875. this decision caused the suspension
of 265S claims for homestead donati5 NJ,
aggrcgatps 29S.6i4 acres; affected the
title of most of the homestead entries made
suggested the transfer Of some 100000 OF
general revenue to the permanent school
fund
As was to have been expected of such
far-rsaching judicial psoaounc, ment, 1t
attracted much attention and forthwith
brought on warm attack upon the pre-
misses Mr.. Baker had furnished for It's de-
livery. Through the columns of The Post
Mr. C. E. Anderson of this city first called
attention to several discrepancies In the
Guh
sequentiy The Post corresp 5ndent devoted
much space to demolishng them and
aroused public interest in the matter to
such an extent that, when 1t met the
Twenty sixth legislature found itself con-
frontcd with such strong public demand
for an investigation of the records of the
general land office that it promptly acted
upon Governor Sayers suggestions in that
direction and provided for the employment
of four extra clerks 10 undertake, under
the direction of the land commissioner. the
tabua,ion OF the account between the State
and he permanent school fund and the
ascertainmept of the am uni Of unappro-
priated public domain on hand whsn the
present constitution was adopted, with
view 10 determining accurately what dis
position was made thereof.
~
Now that this work has been completed,
proof positive is AT hand to sustain the,
contention that Mr.. Baker erred in claim
sideraby outstripped in the local ion of un-
appropriated public domain since 1ST6i Tha
cloud cast over a number of homestead
locations by the decision In thu Hogue case
has been removed and there is no reas IN
why patents should be any longer with
held for the lands covered by the 1868
claims suspended since May. 1898.
Summarized. Commissioner Rngan's TO-
port of the investigation made by the
clerks appointed under legislative warrant
as explained above, shows that, incIud ng
the 1.722SS0 acres in bays and lakes con-
tanned in the area of the coas. coun les,
and excluding the l. 67S 0S0 acres contained
in Greer county, which was lost by the
State, the true area of Texas is 170,926,0S0
acres. Prior TO April lzs 1876, certificates
calling for 109,667.6 acres had been To-
Gated, leaving CT ,25S 462 acres of vacant
land. After subtractiug from this ,722 $50
acres covered by the lakes and bays Oh tn
gulf coast; the 100000 acres SET aside for
the erection Of the State capitol AMI the
1000 900 acres set aside for the uaivers ty
by the constitutional convention OF 1876,
there were left 55.535,5s2 acres for that
convention 10 dispose of, including the
| Texas and Pacific reservation of 1864, AS
acres, One-half of these So 535,5s2 acres
was set aside for the permanent school
fund. Toward giving he school fund its
half of this acreage there has been sur
veyed l., 553 4SS acres out Of the public
of ha N pa II ip
reservation, and 651 .2s9 acres ont of said
reservation. The school fund has. besid 49,
received the proceeds Of the sales o.,
l.e60,s26 acres of land under the acts OF
1879, 1881 and 1887, making altogether q :
S65, T13 acres of land passed to rs credit, it
being entitled in all to 27.7ss,291 acres.
There is. therefore, ccming to the fund
4.47oS35 acres more. To meet this there
are 3.275.62S acres Oh hand in the Texas
and Pacific reservation and 1.16S 567 acres
of vacapt public domain which will leave
deficit of 26640 acres. 1t will be OBJ
served, however. that no notice is taken
In the above IF the 2 anS Gil acres sur
veyed for the various county school funds,
I Nor OF the 107 2T5 acres more than was
authorized surveyed under ihe act Of 1881
for unorganized counties. There tin re =
mains unpatented 192, GIG acres OF TIE lands
surveyed under this latter act, 90 there
viii be no difficulty In fnding tn 2S GAO
acres still coming to the permanent State
school fund. even il no allowance is male
for the lands surveyed for tae count
funds which, as a matter of fac. are but
supplementary to the State fund