The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-01-14
THE ATTORNEY GENERAL
Biennial Report on the Legal Department Of
the State.
NEEDED LEGISLATION IS RECOMMENDED
some one Court should Pass FINAL,
ON Questions Of ality.
Land should ne Looked After.

Austin. Texas, January 13--The report of
Attorney General Crane was made public
today. It is as follows:
To his Excellency, Charles A. Culberson.
Governor OF Texas.
IL obedience to law. i herewith submit
to you my biennial report. It's prepara-
tioc has been unavoidably delayed until
now. Tho greater part of the informal
ton which 1t should contain will be found
in tho tables and schedules herewith sub
mitted. TO which reference Is here made.
But even these tables and schedules give
very inadequate idea of the volume of
business done by the department
1. The correspondence of tue Office
with the various county, district and state
officers, whom it is made our duty to adj
Wise, has teen Increased rather tran di.nin-
ishcd. This correspondence Is of such q
character as to entail more labor than a
casual observation would suggest. Many
of the letters OF advice involve the In
depreciation anI construction III the stat
utes and constitution, as well rs the de-
cisiuns of our courts OF last resort. They
embrace almost every conceivable ques-
ton that can be raised by the officers
whore duty It is to administer the law.
Much of this work IL unavoidable. The
Il
sioner of the general land of,rs. the COM
missioner of insurance, statistics and Ms
terry. the secretary of state. the State
treasurer and the superintendent of pub
lie instruction are compelled to deal with
lcra, questions affecting the more vital
interests Of the State In their solution
they have right to have the assistance
of the legal department. This assistance
has been most Willingly given, but the
volume and character of the business
can not be appreciated withou. an exam
nation Of the records of thi; department.
These duties have been rendered no less
difficult by the many questions p:opounded
by various officers other than those last
mentioned.
The amount os municipal bonds pre-
sented to the department for approval,
both originally issued and to be refunded,
indicate. Many have been presented and
rejected, while the tables show only those
that have been presented.
g. Numerous railroad charters have
been presented and approved, while many
others have been rejected because not
framed In compliance with law Some of
those present questions of difficulty
4. The last legislature. like the one
preceding It, imposed on this department.
as you are aware, In connection with
the governor, tho still further burden of
approving all claims which 1t provided
should be paid out of an appropriation
then made for refunding to purchasers.
essis nees or lessecs of public domain pub
liz school, university or asylum lands,
the money paid by them into the State
treasury, snd where, In acoo "tancr with
the Certificate of the commissioner OF the
general land office. 1t was shown that
title could MOI rass. because of conflict,
erroneous sales anG other caicce This
was n tedious task.
&. The printing board, % which the
attorney general is u member. has like
wise hpd an unusual amount 1T work to
DC. In addition 20 the many contracts
which we have had to- draft and the gen-
eia' rrG'lne work Of the board investiga
items have baer had of the character Of
the work done by the contractors. whifb
greatly increased tho. labors Of that board.
&. The last legislature still further ~
creased the work az this department by
making It the dmt., OF the attorney gem
ernl to serve rs member of the t"Xt
book board. With the labors of that board
you arr entrely familiar
I. The last legislature very properly
made provision for the condemnation md
ipurobusc of the San Jacinto battle-ground.
Upbn this department u placed ~ ,1uty
of representing the State In the matter If
examination OF titles o! the land involved
in The condemnation proceedings when
necessary. This duty was inost chse"fuly
re, formed. but consumed more t';4e :han
WAS at hr3t ANTICIPATED. Abstracts o. title
to oil the lanl involved mad 20 ~ tx-
amined, two condemnation trials 10 be
attended ieeis drawn, etc.
S The department has drafted cnu-
tracts for the erection nj buildings for
the State university. Agricultural AMI Me-
chanical college, md public buildings
erected at the different charitable in-
situations during the last two wears. ss
we'll as the contracts with thu publish
crs of text books to whom were awardel
fnr n TO - an Ne.
for the public schools, and thu contracts
for furnishing the State with printing
and stationery etc.
{. This department has also passed
upon the title to real estate Upon which
was based securities deposited in the
treasury by virtue OF an act Of tie twenty
nth legislature requiring such deposit of
fidelity, guaranty and surety companies.
10. Tho attention Of the department. has
been directed to the question arising be-
tween the State Of Texas AMI tie United
States government relating IN the title
to the east end Of Galveston ialnn1. The
officers of the United States gnv 'rnrient
stationed at Galveston. having claimed
the east end Of said island Is tho property
of the United States under the act of an
ncyation the state DENYING fuch 'ia'Ip TO
tho extent made; and after mufn ,nNcsti-
CATION and research as to the facts exist
ing. the conclusion vas reached that the
State of Texas If entitled to large por-
tion OF the land claimed by tie United
States government. But is was believed
to be best to delay any suit against the
officers of the United States. who were in
possession Of the land. until the war with
Spain should end. with the view that the
law officers of the United States govern
ment when the facts wero properly pre-
sented to them. would advise that the
United States had no legal title to that
portion claimed by the State. Moreover.
II was not deemed proper to institute such
suit while the Federal govcrnment was
engaged In war with foreign nation
In this last view understand YOU to fully
concur.
II. The question having arisen as TO
whether or not the deed from the John b.
Hood camp to the State OF Teyns to what
Is i,nrwn ns the Confederate home. passed
the title In fee thereby, at your request
this department Investigated said deed
and found that II did not pass the fee
simple title. and upon applieation
crate veter-fs. they by proper resolution,
al the request % this department, made
and delivered to the state OF Texas an
absolute deed In fee to the said land thus
curing any question as 70 the title thereto,
IN order to eliminate NIL questions In ref
ereuce TO this transaction. u would be well
in the abundance OF caution. 20 nsk the
legislature 10 ratify this action and to spe-