The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-09-16
he PURCHASE OF LAND
Opinion Of the Assistant Attorney Gen.
eral on One Point Recently Raised.
FORMER DECISION is REVERSED
National Sections May he Bought
AFTER a Residence of Three Yenrs
ON the Original Tract.


"a Austin, Texas, September 15.--The fol
wing is the text of the opinion given ou
{ the attorney generals department toda!
y wersing an opinion rendered a week ag'
"a lative to the patenting of school lands
N quired after proof of occupancy OF I
4 lone" section has been made:
x bn. Charles Rogan, Commissioner Gen
NERAL Land Office, Austin, Texas.
Attorney Generals Office. Austin, Texas
n bptember Ia, 1S99.--Dear Sir: On Angus
q last you submitted to this department
IS It'll request for an opinion upon the same
Al q following statement and questions. to-
&4 BIT: "A sale OF school land was made
bder the act of 1881, by the terms o.
0hich no occupancy was required. This
II lie was patented in 1854. The present
t1Xner OF this claim is now living on II
f&&d has lived on 1t for more than three
Mars. The owner has purchased addi'
,a{|bnal land by virtues OF his ownership
I'D occupancy OF the patented school sec
Hf(Dn under the 1881 purchase.
s!5{}SQuestion--Can this department legally
{0re the expiration of three years from
\ 6ate OF purchase of same, or will the pur-
thaser be required to continue his occu-
Z pAncy for three years from date OF puF-
chase OF additional land?''
5gOn September T. in answer to your let
ter, / undertook to construe article 42lSl
aud 421Sfff of the act of 1897. pages 1871 and
y 1873, and held that the purchaser, under
1.-The facts stated, was governed and con-
LODI Nv ha 1atf
lpurchaser was not entitled to patent untll
}three years had elapsed from the date of
epurchase of additional land. In my former
s0pinion in constituting the words other
lf1ands" in article 421Sfff, l held that said
words meant school lands. both odd and
even sections purchased under former law.
S6ther than the act of 1895 and its amend
r1ent, or from private individuals, or
sfrom the railroads; in fact, any and all
Hands not purchased under said act or its
amendments"
NH / also held that under article 421Sf only
Iseuch purchasers as who had purchased un-
fder the act of 1895, could buy additional
Nland under that section" Since writing
that opinion ! have had grave doubts as TO
the correctness of two propositions an
5uounced in it. to-wit: First, as to whether
sthe words other lands" in article 421sfff
embraced the even sections of school lands
fpNrchased under former laws. and, second,
i4s to whether under article 421Sf, only
zpprchasers of school lands under the act
sOf 1881, as amended in 1882, could buy adj
f6ftional land. These doubts have caused
me to rc-examine the question, and upon
3pHch denomination l have become con-
sXhced that as to both propositions was
Si4 error, and that In these two respects
Enormously construed the statute. The
*2psition which l held in no manner ex-
Mhpts me from making mistakes, which,
III common to all persons, but my desire to
81 what Is right in the discharge of my
3<pty and to reverse myself whenever con-
jHnced am wrong, prompts me to frankly
nmit, in the above respects, the errors
~ my opinions, and in this opinion to give
]ybu the benefit OF the change in my views.
The statute in question is framed in very
uncertain and ambiguous words, and is so
'Mfficult to construe, that many different
s4pinions exist as to its real meaning. In
|&bnstrning a statute the great object TO be
ought is to ascertain the intent of the
legislature, and to give force and effect
10 that intention That each aad every
port of a law should be upheld and all
apparent conflicts and inconsistencies bar
munized and removed II possible. The act
qf 1895, as amended in 1897, constituted
ccmplete system providing for the sale of
4chool, university and asylum lands, etc.
md repealed all former laws. That act
to put said lands on the mar
let. and treated of said lands alone.
N Article 42lSf of the acts of 1897, page
13i, 'eads as follows:
G#"When any portion of said land has been
<3assfed to the satisfaction of the com
missioner of the general land office, I'M
Der the provisions of this chapter or for
lei laws, such land shall be subject to
04le, but to actual settlers only. except
sNhere otherwise provided by law, in guam
<les of not less than eighty acres or null
4lples thereof. nor more than four sections
1{Qntaning $40 acres, more or less; pro-
}5ded, that the purchaser shall not include
"a his purchase more than two sections OF
horticultural land. and provided, that
iXhere there Is a fraction less than eighty
4tres of any section left unsold, such frac-
Ton may be sold. Any bona fide purchaser
rho has heretofore purchased or may
4ereafter purchase. any lands as provided
erein shall have the right to purchase
Mher lands in addition thereto; provided,
hat the total of his purchase shall not ex-
Need four sections, and that it shall not
- clude more than two sections of agricul- |
xpral land. upon his making oath that he |
81 not acting in collision with others for
ne purpose of buying the land for any
lher person or corporation, and that no
&<her person or corporation is interested
~ the purchase thereof. And il he or his (
ction for three years, or when he or his |
fneor, or. both together, shall have re-
bed upon 1t for three years the addi- |
pnal lands purchased may be patented at |
~ time. In all cases where settler pur-
ases more than one section the lands in |
cess OF one section so purchased must be |
uated within a radius of five miles of the
nd occupied by him. Where any of the /
nds referred to in this act have been sold
tor to July 80. 1895. in quantities greater
less than forty acres or multiples there
and are in good standing as 10 interest
yments, they may be patented In such
antities. In any case where lands have |
zen forfeited TO the State for non-pay-
fnt OF Interest the purchasers or their
ndees may have their claim reinstated |
their written request by paying into the |
fasury the full amount of interest due on
ch lands up to the date OF reinstatement;
oyided. that no rights OF third persons
Py have interviewed. In all such cases
p original obligations and penalties shall
ereby become as binding as II no forfeit
70 had ever occurred"
In said article occur the following words:
Any bona flde purchaser who has hereto
pre- purchased or may hereafter purchase
py lands as provided herein shall have
20 right to purchase other lands in addi-