The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-23
AN IMPORTANT DECISION.
The Land Commissioner Has No Discretion
Under The Law.
HE MUST SELL TIMBER LAND At slOo
IL Is Held that II Comes Under the
Head of Detached sections-An
Apening for Spectators,

Austin. Texas, January 22.-In granting
the writ Of mandamus applied for in r.
o. Weber VS. Charles Rogan, commits
soner the supreme court today reversed
ruling Of the general land office that
timbered and grazing lands are not sub
ject to sale under the act providing for
the sale OF isolated and detached sections
of Incorporated public free shool lands
In the opinion of the court, it Is made
the imperative duty, by an act providing
for the disposition of isolated and de-
tached sections, of the commissioner Of
the general land office to sell all isolated
and detached sections and parts OF Sec
tons of the public free school lands to
the first applicant, without regard to their
classification,
August IL, 1899 the relator applied for
two tracts OF unappropriated land, one
lying in Jefferson county and consisting
OF 800 acres and the other In Polk county
and embracing GAO acres. seeking TO OBJ
tain possession of the same under the
provision OF the act OF May, 1897 with ref
erence to sale Of the public free school
land, and filed an application to purchase
tdCu VI lutst pdTCets at the price OF 81
per acre. The commissioner of the land
office rejected the applications, holding
that under the law in effect at the time
they were made the section in Polk coun-
ty had been classified as timbered land
and had been appraised at SIS per acre,
and also that the land in Jefferson county
mad been classified as grazing land and
had been appraised at $3.50 per acre and
claiming that because they were not agri-
.4YN1 al
sale as isolated land and detached Sec
tlons under the law existing at the time
the applications were made. In regard
TO the tract In Jefferson county. the land
commissioner also claimed that 1t was not
subject to sale for the reason that 1t
had previously been sold and that the titla
OF the purchaser declared forfeited for
non-payment Of interest and had not been
again placed on the market
In the opinion of the court the legsla-
ture in 1897, in amending the law relat-
Ing 10 isolated and detached sections of
school land. took away all discretion as
to the terms of the sale from the land
commissioner. On this subject the court
says By changing the language from
the words Not less than 81 per acre to
the words at 81 per acre they must have
Intended not only to reduce the minimum
to 81 per acre, but also to fix the price
at that sum. Such seems TO have bean
the construction put upon the act by the
next legislature, for in 1899 the article
was again amended 10 read at not less
than 81, etc. This last act had not gone
INTO effect when the applications to pur-
chase in this case were made"
The court further says: But as to the
half section situated In Jefferson county.
mere Is another question to be deter
mined After the commissioner had de-
hot
sary that the forfeiture should be reported
to the county clerk in the county in witch
the land is situated before it was again
subject to purchase?
The provisions in general of the chap
Ter regulating the sale of the public
sehool and asylum lands do not amply 10
the Isolated and detached sections and
fractions of sections. As already SEEN
they required no classification nor was
any "ppralsement necessary as a condition
precedent to their sale. Before the amend
ment OF 1897 the commissioner fixed tho
price at not less than So per acre Under
the amendment the law fixed 1t absolut,
ly at 81 and directed that the land should
De soid upon the same terms as other
public lands were sold under the pro-
visions of the chapter of which it was
made part BY terms are meant times
tne payment OF the installment Of the pur-
'''HiNs anu at the rate OF interest
on the deferred payments. 1t does NOT
mean under the same regulations bp-
cause no regulations were NECESSARY
The law having fixed the price and terms
OF sale, all that was necessary TO aconire
IN nchoate title was to make application
10 the commissioners and tender the pro-
portion of the purchase money required
by the law to be paid in cash. together
WIN the statutory obligation for the
balance" ne
The opinion In this case was written
3y Chief Justice Gaines. The effect of tbp
decision will be to enable a number or
applicants for timber lands who are In
me same attitude as Weber to- on a nav
ment of SIG per section. obtain several
sections of timber land. the timber on
which Is worth at least $500. After en-
ing thls on they can let the land be for.
leted tor non payment of interest and
reallle a neat sum OF course This e.
not the courts fault The law ia tbero
ana Is no installing its language and ~
me legislature is given one or two mors
whaeks at It there is no telling but wbsn
y gels through with it these isolated ana
getaehed lands will be free for the asking
IN the meantime the school fund IL the !
loser by the deal NV