The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-14

eral district judge. q resident OF the Sta.e
of Florida. but assigned to the Nor'nc !,
district OF Texas by circuit Judge LOON
from our State district court, OF McLennan
county, a court Of equal dignity Win tno
Federal court, four prisoners, LOT tne
legged reasons that a speedy trial nau ~.
been granted them, although they nad not
asked for a trial, and because the STATUS
under which they wore indicted was saio
to be in conflict with the Federal constitu-
ton. These cases were tried in the circuit
court Of the United States for the Northern
district Of Texas, and lost by the state,
but appealed by me and reversed py tue
supreme court OF the United States. Tnat
high court failed 10 approve tine action OF
the conrt below. and remanded the prison
ers TO the state court for furtherl trial. the
opinion of the supreme court was 30 clear
as To perhaps prevent further trouble OF
that character.
Since my former report the department
has tried the case involving the validity
of the anti trust law. known as the state
OF Texas VS.. The Waters-Pierce OIL Com
pany, In which It was sought TO en1oin
the further operation Of that company IN
Texas. for the reason that 1t had made
contracts in violation OF this statute.
perpetual injunction was granted on final
trial, and from the decree thus rendered
the Waters-Pierce Oil company appealed
to the court OF civil appeals, which re-
suited in It's afnrmance. A writ of error
was denied by the supreme court OF the
State, but writ Of error granted by tho
court of civil appeals to the supreme court
OF the United States was particularly
anxious to have the case finally deter
mined In that court, because OF several
similar prosecutions In prospect, and some
now pending in Texas, and particularly the
case against the insurance companies now
pending. l made a motion to advance the
case in the supreme court OF the United
States but the motion was denied. and
my information is that 1t will not be
reached before April next. In the mean
time, however, we have filed printed briefs
and arguments in that court, covering all
the points involved.
Attention is called to the fact that dur
ing The past two years the department
has instituted and prosecuted to judgment
one hundred and thirty five cases against
railroad companies in the State, for dis
ordinations against persons and places,
and recovered therein in the aggregate
the sum of $67,5OO in penalties, which
amount has been paid into the State treas
ury.
RECOMMENDATIONS.
deem it proper to make the following
recommendations in reference to needed
partment has necessarily suggested:
The constitution should be so amended
as to give some court of last resort eX-
elusive jurisdiction in the determination
of constitutional questions. The confusion
in the trial courts caused by the diner
ence between the supreme court and the
court of criminal appeals makes plain the
necessity of this suggestion.
H.
1t is evident from information coming
to this department that lands belonging
to the various institutions of the State are
being occupied and used contrary to law
but no department of the State govern
ment has any appropriation to enable it
to procure the testimony necessary to en-
able 1t to bring actions against those oc-
cupants. 1t seems that some department
OF the State government ought to have an
appropriation for the purpose of employ
ing competent agent to look after these
lands, to the end that those who occupy
them may be compelled to pay to the State
the reasonable value of their use. | have
no doubt that many thousands of dollars
can be collected each year. where nothing
is now received, by the constant work of
only one man in the field. To do this work
effectively. however, it will be necessary
FOR the agent thus employed, to be prac-
teal surveyor and an experienced land
man, in order that he may be able to OBJ
tain such an accurate description of the
land occupied as would be necessary to
have in the trial of litigated cases Tho
necessity for this action is not confined to
western Texas. In the eastern portion OF
the state much of the State school land ia
Deing denuded of its timber. The timber
is peing cut down and. even if sequestered
by the legal department of the State gov
eminent, II is usually stolen before 1t can
be removed. for the reason that no depart
ment has an appropriation which enables
" to send an agent on the ground to sell
this timber thus sequestered This is n
most unbusinesslke way of taking care
of these properties.
Attention is again directed TO the vacant
lots In the city of Austin, designated ON
the original map by the word "churches -
some of them have been occupied nv COL
ored churches under some sort of an ar.
rangement made during the reconstruc-
ton period. There are one or more good
huildings very croditable to the colored
people on these lots. While not believing
ihat the designation of the lots was entire-
~ sufnclent under the law. thought it
possible that the Legislature might desire
10 make some concessions to those people
VINO nave put their churches on the lots
III soou talth, and who do not disturb the
citizens in the neghborhood where thew
are located. For that reason / have not
disturbed those who are using the propsrtv
Tor church purposes exclusively. hut
nave ADVISED some of them not to put any 1
more buildings on those lots until ths
legislature should indicate its wishes In
me premises. ! called attention to this
matter In my last report Much ~ ths
properly IL not occupied at all. AS n.
whether these lots should be mt nm the
marker and sold or what disposition shall
be made of them. is one that rests VIII
Inc legislature and about which I mal,s I
no suggestions. '""'
There are several tracts of land in r.,o. I
winch have been purchased by the stat. /
unuer execution, ETC., and which this de- !
partment is authorized under the statute. !
20 sell have had numerous applications !
ior those tracts of land but nv informa- }
non IN respect TO the lands was 50 in
uenhite, that did not feel authorised 70 7
make any sales. respectfully suggest fbet {
al lands, no matter how acquired ma, 80 /
TO pe put on the market. should he mt !
' uhuer me control OF the land department
Nun iuli power to lease and sell heca"so 7
.nis department has little time 70 aasI a
WIN matters Of that Character 'o"' o
one tract OF land in Wise co,r.,,
n rrm ceased out by me. and the lease ?
T Ta.y peia into the treasury of the state s
Il is -.