The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-05-09
AS TO WATER FRONTAGE
Attorney General Delivers Lengthy opinion
On The Law
THE ACT DOES NOT APPLY 10 GALVESTON
Aud Land Along the Jetties Can Not
BE Purchased for Two Dol
lars Per Acre.

1891 for the encouragement Of the con-
struotIon and maintenance of deep water
barbors navlgable channels. docks and
wharyes on the gulf coast, etc In view OF
the fact that It heads Oft certain schemes
10 secure some very valuable wharf 'front.'
age on Galveston island at Sc an acre, and
hclds that the act referred to is MOI applic-
able 10 Galveston conditions, 1t will be
read with considerable interest at this par
ticular time;
tion. Joseph D. sayers, Governor OF Texas,
Austin, Texas.
Dear sir; ! am in receipt OF a patent
presented to you by the chief clerk and
acting commissioner OF the general land
office for your official signature. being
latent to the East End Pier Wharf Dock
Shipping Terminal Railroad company for
37l2 acres of land in Galveston county,
being west side of the south jetty on the
cast end of Galveston island, said land
having been purchased under the act OF
1891 referred to In the patent as deep
water corporations, article 72e ct seq, page
l62, Revised Statutes OF 1895. with your
request that ! give you my opinion as to
whether or not said patent can be lawfully
Issued and also for a construction of said
law for the purpose Of ascertaining its
meaning. and determining to what lands
said act is applicable
In reply beg to state that have given
ms matter most careful Investigation.
visiting tho la1d office and examining all
tIe data in relation thereto on file in that
oiune' MY opinion is that this patent ran
NOT o. lawfully Issued and that, If issued.
1t would be null and void for want nj
power in the executive officers Of The COW
eminent. | will proceed at length TO state
my reasons for the conclusion enncurcel
ny me Inc land attempted to be patented
~ luhs narrow strip fronting on Calves
ION nay, commencing at the intersection of
lne south boundary United States military
observation ton the east end OF Galvt ston
lsIand) with the center of south iettv
rrom said point the field notes describe
lohs narrow strip of lanl embracing 81. -
acres. The corporation the ratentse al
tempted to purchase this land from the
StSte under and by authority 81 an act of
me legislature of the State Of Texas en-
Uued An act to encourage the coustruc-
tiOu ana malntainance of deep water har-
poFs haVlgAblo channels docks and
Nharves on the gulf coast within the State
OF Texas. and to define the rights and
uuties, ana hx the Liabilities of the cor
poratons that may acquire land or privl-
lagos under this act" This act became a
law in April, 1891 This act was carried
into the Revised Statutes OF 1895 as chapter
% title XXI, articles 726 to 1852 inclusive.
The courts and other departments of the
government will FAKE judicial notice OF
what are navigable waters and of the fact
that the United States government has
assumed exclusive Jurisdiction over certain
uayigable waters. harbors and ctif1els
ana hat such government has deepened
channels and is maintaining the same
That II is known to your exaellsncv that
the United States government has obtained
deep water over the bar between the gulf
OF Mexico and the main harbor of Calves
ton, and nat this work was commenced
prior 10 the passage OF this act. This be-
ing so, the question arises, did the legisla-
turo intend. by the act under considera-
lion, that lands could Re purchased on
Galveston island and other coasts of Texas
similarly situated. IL my opinion any
rele, nahle construction OF the act mega
tivcs the idea that the State intended TO
sell her lands under this act where deep
water was not obtained and maintained by
private capital, but was obtained and is
maintained by general government The
act shows that the money consideration
pad for the purchase of the lands was
cnlY nominal, that the real consideration
lor the sale was the obtaining and main
tanning by private corporations, which
were authorized by congress so to do. of
twenty feet of water over the bars between
the gulf Of Mexico and the main harho-s
upon the Texas coast. Where the general
government has undertaken the obtaining
OF deep water upon the bars upon the
IeNas coast, the legislature could not au-
therize private corporations TO interfere In
any manner with this enterprise SO inau-
gurated by the general government and
no act OF the legislature would ever be
construed by he courts as attempting TO
do this, unless the act would admit of no
other construction. and in this event. the
courts would simply hold the act void as
being In conflict with the United States
constitution comforting upon congress the
power TO regulate commerce with foreign
nations, and among the several States
The caption OF an act. the pre-
amhle and the emergency clause can all
be looked 10 FOR the purpose OF ascertain
ing the true intent and meaning of the
legislature. The preamble TO the act is as
follows Whereas, deep water harbe-s,
navgaole channels, docks and wharves on
the gulf coast Of Texas are OF great i'm
portance TO the development ana prosperity
TO the State of Texas and the entire North
west; now. therefore, land here follows
the enacting clause, as followsl: section
/. BE 1t enacted by the legislature Of the
state Of Texas; That any corporation or
ganized under the laws OF Texas, which Is
now authorized or which may hereafter he
authorized by an act OF congress OF the
United States to construct, own, operate or
maintain with private capital, deep water
harhor navigable channel docks or
wharves on the gulf coast OF Texas, shall
he permitted TO purchase from the State
OF Texas at 81 per acre so much of any
public lands, islands, shores or shallow
bays belonging TO the State OF Texas that
may be situated within one-half mile from
any point or points on the construction
works OF any ietties or any such deep
water channel leading into the main har-
Dor from the open sea provided that in
no case shall such strip or body of land
be more than one half mile in width. and
such person, company or corporation may
also purchase from the State at the same
price per acre any lands. shores, islands
or shallow bays within fourth mile
OF each side OF every navigable channel
that such company or corporation may con-
struct through or across such shallow hays
In the prosecution OF such work"
Section reads as follows: Section ,
Any such company or corporation owning
IN whole or In part any lands fronting or
AUDITING upon any shallow bays In which
any such work is being constructed NAV
purchase at the sane price per acre any
lands. shores or shallow bays adioininr
and lying In sront OF such lands; provided
that sVch purchase shall not extend into
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