The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-02


senate and house OF representatives OF The
Republic OF Texas IN congress assembled,
that all the right, title and claim wnich
the government Of Texas has 10 enc league
and one labor OF land. lying aud situated
on and Including the east end OF Galyes-
ton island. be and the same is hereby ~
linuulshed In favor OF Michael b. Menari,
and such associates as he may hereafter
include, and all the right title and In
terest which the government OF Texas now
has in and TO said land. Is hereby vested
in the said Michael Il. Menard and such
associates as he may hereafter include,
provided that nothing herein contained
shall affect the vested rights OF third per-
cons.
Sec g Be It further enacted that the
president shall issue TO the said Michael
b. Menard. and such associates as he may
include. Quit claim title to said land, III
the name OF the Republic OF Texas
Sec. 8. That no Quit claim title
shall be issued by the president until the
receipt of some authorized agent OF Texas
shall be deposited In the office Of the sec
rotary Of the treasury. acknowledging the
receipt from the said Michael q. Menard
OF $4,000 in cash, or approved accept
ance In New Orleans"
Bv section of the act the government
reserved to itself ffteen acres OF land on
the east end OF the island, and also a
block of lots in suitable part Of the
town for custom house and other public
uses, to be selected by an agent TO be ap-
painted by the president for that purpose:
TO be selected on or before the first day Of
public sale of lots at that place,
Section of the act reads as follows:
Sec. 6. That II the said NJ. r..
Menard and his associates should fail to
comply with the reauisitons of this act,
they shall forfeit and pay TO the govern
ment OF Texas slo.oou. recoverable in any
court having cognizance over the same"
Menard paid the Republic of Texas the
$4,000 mentioned In this act as the con
sideration for this grant, and received a
title from the president of the Republic In
conformity Herewith.
After the issuance of this title a CON
trcversy arose In Galveston as to whether
or not the Menard grant included the flats
between the short fronting on the north
line OF the Menard league and extending
out to the channel, or as TO whether or
not the Menard grant stopped at
the shore line. To determine this
controversy suits we're instituted, and APP
pealed to the supreme court of Texas
where the cases were decided, Judge Orau
NJ Roberts rendering the opinion. The
case Is entitled the City OF Galveston VS.
Menard and is reported In % Texas, $40
On page 3a5 Judge Roberts says; rThe
main question IN this case Is. does this
act tthe act set out abovc) confer the
right TO the shore and fats lying south
Of the channel az the bay He then goes
on TO say that II viewed as an ordinary
grant It would not include the shore and
fats lying south of the channel OF the bay
but in view OF the object OF said leglsla-
tive grant. rs locality, and the acts of the
contracting parties. II was clearly intended
to include the fats therein, so as to build
a city upon 1t, with streets and lots. ran
,ft,o al, A.. II
that Menard and his vendees. being the
owners of the soil In the fats In front o
the lots out OF the channel may devote
II TO wharves and the like without being
subject TO the control of the public. etc
This mastery opinion OF this great jurist
Judge Roberts, is too lengthy TO be quo ed
4 In full here, but the opinion. like all
emanatng from that distinguished lawyer
shows great research. learning and care
and In plain and express terms announces
4 the legal conclusir n that the Menari gram
extended out 10 the channel in the bay
and included the fats between the chan.
mel and the shore. The property described
in this bill is part Of the Menard grant
| the title NJ which was Invested out of thu
| republic by the grant to Menard and vest
cd in MeDard his heirs and assigns. I an
therefore Of the opinion that as this Stat,
4 has no title to the land or properly de
4 scribed in the bill, that by the passage o
this bill she rellnuulshes no interest o
4 title, but that in this respect, the onl,
effect that this bill can have is to re,
move a supposed cloud upon the title Il
the Menard grant by reason of the CALL
4 in the grant. the State may stlll have som,
/ title to some portion of the fats at thos,
J particular points, question, however
upon which am not called upon to eX.
I press, and I do not express an opinion bu
as said before, have no doubt that th'
particular property in this bin was dl.
vested out Of the Republic of Texas b,
her grant to Menard, am. Very respect,
/ fully. I. S. Smith,
Attorney General