The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-24

only 3,SSS. 6ei acres Of the INDICATED public
domain remain TO mcc: the deficiency OF
a,Sse.o21 acres due tho public school fund
Added TO this embarrassment. cloud Ia
thus cast upon the titles Of many people
who have In good faith made and acquired
homestead interests, to say nothing OF
other locations equally deserving protec-
ton from the government.
The late commissioner submits two
methods of solving the difficulty: One IL
TO provide for thr appointment OF ex-
pcrienced clerks to take ont and tabulstc
all files since the foundation OF tho Cow
eminent, located under every authority
whatever. This suggestion Is made upon
tho hypothesis that when the last file shall
have been reached, which will show that
onc-half OF the public domain had been
exhausted, only those titles to locations
thereafter made would be affected IL the
commissioners supposition should prove
true. then every title thereafter made by
the government would come within the
rule enunciated In the Hogue cnse. Ii this
policy In reference to the settlement of the
question should be adopted, it will be
readily perceived that II would require
considerable length OF time and much
labor. attended with large expense, to ac-
conplish tho work. In the meantime. the
title to the vast amount OF located lands
would remain unsettled.
The other method proposed by the COM
missioner Is that the State should make
good the deficiency TO the permanent
school fund by transferring to that fund
the remainder OF the INDICATED public do
main, to-wit: S,SSS,694 acres; the railway
recoveries. to-wit. 1889. 900 acres, and the
proceeds of the sale OF 4,12i6iT acres UNI
der the acts Of July a. 1879, and March
80, 1887. This. with the one-half interest;
Of the school fund in the area Of the bays
llf.. IN "a n
1,7sS.SS0 acres, would give to the public
free school fund an excess of about 3bs,.S0
acres over and above one-half OF the un-
located public domain at the time of the
adoption of the constitution. II Will be.
observed that should this plan OF settle
Tnent be adopted it would require the as
sumption by the state OF an indebtedness
TO the permanent school fund equal to the
proceeds of the sale of 4,131,61I acres un-
der the acts of,July u, 1873, and March
30 1887. to-wit: 5000. S656l.
Ag.Insthis connection desire TO invite the
attention of the legislature to the case OF
Hogue VS.. Baker May %, 1889 wherein
| 1t will be perceived that the supreme.
court does not undertake to determine
| whether one-half Of tho entire public do
main. as 1t then existed was appropri-
ated by the constitution to the public free
/ schools or whether one half of the re-
1 mainder. after dcductlng the 3,050,000
| acres set apart for the capitol and the
] l 0G0. 900 acres allotted TO the university,
i was so appropriated. The question as to
7 how these lands are chargcable under the
1 constitution must be an important factor
4 for consideration in the settlement OF the
question.
1 am not able 10 express an opinion as
/ TO the accuracy OF the data given by the
/ commissioner, but assume them to be cor
4 rect. ITS conclusion as to the deiicis dus
1.-the school fund seems TO rest, IN part.
uInn the theory that the capitol and uni-
,vcrsity lands are chareeable OILY TO tho
i one hal OF the public domain reserved to
i she State for general purposes.
1 Unless something be done, very many OF
i oiir people will suffer irreparable injury.
i MY attention has been called especially to
The distressing condition In which the
towns OF Plainview and Lockney, In the
counties OF Hale and Floyd respectively,
and the Cottonwood settlement in Dick
+ ems county with their contiguous territory,
are left under the decision in the Hugue
case All of them are ourishlng commu-
mites. settling upon. purchasing and inn
proving their lands in good faith and be-
lieving that they were acquiring perfect
title from the State These are only n
few of the very many instances that might
be given of the severe and. perhaps, fatal
4 hardship which the purchasers of the pub
i lie domain, since the adoption OF the con-
/ siitution. will undoubtedly suffer II RELIEF
j be not granted. 1t Is unauestionably the
duty of the state to make good the de-
/ iicit in the school lands. The method Of
I settlement Is question Of Legislative pol
/ lev but the amount due the school fund
4 MS shown by whatever method OF determln-
ing that fact the legislature may adopt
4 should be at once discharged It Is i'm
! material as to the particular class OF per
sons who may be affected by an account
4 ing with n view of determining the exar
i locations that oyerbalance the equitable
division demanded by the constitution
The Stnle's legal and moral obligation 4
such persons to make good the title K
lands disposed cf bv it In regular man
, ner and in good faith should be scrupu
1ously executed. The State can not NJ
ford to call Ia question the titles to th'
homesteads OF It's citigens. whether ac-
ouired directly or indirectly through tn
action of Its legally authorized AGENTS
!, except in cases IF palpable fraud. II set
. Element Of tho amount due the school fun
. he effected by an accounting with vioy
/ of ascertaiDing the exact location tha
, overbalanced the States half of the publ
! domain and bringing suit against TIL
Z, holders OF lnrds located thereafter for u
eouitahle division of such lands. the les
would undoubtedly fell heaviest on N
owners nj hoInesteads. Tho grants mad
10 railroad companies. the Texas veteran,
and others and also the locations md
under sales Of nuti'r darinln1 ne nr7v'Se
Nv low where no alleviate survey was :
tNe ,t~ra located fnr tho rnr,'nor sch7s
fund would IN greaf rncasrre, y not clio
Rethrr esonra r-,it urier the u-s''inl j.,
acc1urt;-v suproetea hv Tire commissions
and could not be recovered,
therefore rccpmmenI thrt
the rr,:iri-tr-c n-nrourinte al
~ The uurprrorrintcd ru'i,ic
domain In ray,ncnt of It's OBJ
lfrntion 10 tho scI,col fwrd.
rnd TINT n there re rrt n sur
ffcfent nmount Of unnrprorri-
nfed rubric innds to discharge
J said obIirption. that the state
assume the balance of the debt
ana Issuc its obligations there
for. Iii this way the duty inn
: posed by the Constitution ON
the Legislative and executive
authorities 10 carefully and
tenlnusIy gunrd the school
fund rs sncred trust can he
performed and nh questicns
Z relating to the validity of land
. titles, so far as the state IL
i concerned, will he forever set