The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-06-18
FROM THE CAPITAL CITY
Land Commissioner Complains Of Uuueces.
sary Correspondence.
GOVERNOR SMITH OF MONTANA WRITES
Heartily Indorses the ANTITRUST
Conference --Convention of POST
masters Postponed.

Austin, Texas, June 1.-THE following
has been given out by Land Commissioner
Rogan:
The general land office has but seven
corresponding clerks. The office is in re-
ceipt OF from 900 to 800 letters daily, and
nearly az many replies are sent out every
day. A great many of these letters call
for information requiring from one to two
hours time in making the necessary inves-
legations before replies can be made. 1t
is this character of correspondence that is
overtaxing the strength and time of the
CLERKS and with which they are consd
erably behind. Instructions have been
given to answer ali such letters in the or
der In which they are received and flied.
In addition thereto the office Is daily
burdened with class of correspondence
which requires great deal of time to an
Bwer and at great expense to the State on
matters hereinafter mentioned, which
might to some extent be avoided by giving
the information through the press, There
FORE beg TO state for the Information OF
the public that no more patents can Issue
for pre- emptions, or homestead donations
filed on since the adoption OF the consttu-
tion of 1876 unless authorized by future
legislation for the following reasons:
J. Because serious doubts exist as to
whether or not there Is sufficient guam
tity OF public domain In the State unsur4
veyed and unpatented to give the perma-
nent school fund the quantity of land 10
which 1t is entitled under the constitution
of 1876.
2. In the case of Hogue VS.. Baker as
S. w. Rep, 1004), upon Information fur
nished the court by my predecessor Hon.
A j. Baker, it was held that there is no
public domain in the sense In which the
term Is commonly used and understood
that all public lands belong to the public
school fund, and therefore must he sur
veyed, sold and patented as such
For the purpose OF determining the cor
ectness OF the facts submitted IN that
case, the last legislature passed law au-
thorlzing the appointment OF a commits
sion consisting OF four experienced clerks.
That commission has been steadily at work
for about three months, and ii will yet
require several months work before 1t can
make its report
The report when made will be submit
ted to the governor and no Information
will be given out unless specially author.
LED by him. II win probably require leg
islative action 10 determine the future dis
position OF all unpatented pre- emptions.
This is likewise true OF all unsurveyed
public lands, including scrap lands except
where II has heretofore been purchased
and paid for, or full payment rendered. II
Is presumed the legislature will give all
pref mptors tho refusal to purchase all
lands attempted TO be pre-empted by them
for the actual value of the land exclusive
OF improvements In the event It should he
definitely ascertained that the same be-
longs to the permanent school fund.
Owners OF unpatented prescriptions ant
their agents will please not burden tn,
land office with inquiries concerning theil
pre- emptions, or make inquiry as to wha
can or will be done in tho premises, o.
what the Legislature is likely TO do, for ",
can give you no information further thar
that herein given; neither can we foresot
the result nor prophesy what the leslsa
ture will do, The report OF the commits
sion will be duly submitted to the next leg
islature. and until that body acts the com.
missioner OF the general land ofhce Is
without authority to act. Weekly papor
will please copy.