El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-11-08
TEXAS LEASE LAW
OPINION OF The ATTORNEY GEN.
ERhL UPON ITS VALIDITY.
A Letter of Interestto Every Stock
man In TeXas.-Cestdin Cues
tiOnS Answered.

| ltOUS answered..
a recent opinion from the attorney
generals Office concerning the abso-
lutte lease law is construed to mean
that all leases west of the absolute
lease line are binding for the full term
of the lease. The opinion. as so con-
strued is of immense Importance to
the stockmen of west Texas. The
opinion is as follows:
Attorney Generals Office State of
Texas. Austin.-Hon. Charles Rogan.
Commissioner General Land Office.
Austin. Tex: Dear Sir-This depart
ment is in receipt of yours of the 18th
| instant. which is as follows:
| Only July IL. 1900. Il. I. Bowen filed
ma application in this Office for the
lease OF land in Midland county He
was awarded two sections of dry graz
ing land. the award having been made
on July 13.
The first annual rental was in the
| treasury at the date of the award and
the treasurer's receipt was issued on
August 10. Thel ease contract was
| filed out on August 16. but was never
| signed or delivered on account of pro-
test against the lease by persons de-
string to purchase the same as addi-
| tional land. which notice was given
after the acceptance of the lease appli-
cation.
On August 10. 1900. b. N Aycock fill
de his application in this Office for the
purchase of the said two sections as
additional land Assuming that the
lease and purchase applicants COM
piled with the law in every respect
this department will thank you for
your opinion upon the questions to fol-
| low. and upon such other pertinent
propositions as may suggest them
selves to your mind.
| 1. When does a lease become effec-
tive, that is. does it become effective
! Immediately upon the acceptance of an
application by making an award. if
| the first payment is in the treasury. or
does it not become effective until af-
ter the contract is executed and mailed
to the county clerk and filed by him?
2. Has the commissioner the power
to revoke an award on an accepted
lease application, which award was
made prior to filing of purchase appli-
cation, regardless of whether the land
is agricultural or grazing. or in demand
for actual settlement or as additional
lands?
3. Has this department the power
to decline to execute lease under the
facts stated and to reject the applica-
ton on account of purchase applica-
tions pending prior to the execution of
the lease contract, no fraud. collision
or other cause being apparent?
4. In respect to the next preceding
question. is htere any difference in the
power of this department, regardless
of whether the land is grazing or agri-
cultural. or whether it is in demand for
home as additional land?
In this connection you are respect
fully referred to section IS of chapter
A, and as amended by article 421Ss. |
hnr fn 81
chapter As. act of 1895, which last sec
ton is an amendment of the same sec
ton in chapter AZ. same act You will |
observe that there are seeming con-
hicts in these two sections as to when |
a lease becomes effective. and also as |
to the power OF the commissioner. AL |
so see case of Coleman VS.. Lord. ~ |
Texas. 2SS- Your early attention will |
he appreciated.
We assume that you mean when you |
say that the land was awarded" I'M
der the application. that the applica-
ton to lease had been accepted, and |
that the commissioner had notified the |
in writing that his applica- |
ton to lease had been accepted. as re- 1
Quired by article 421Ss. Sayles' Civil |
and We use the term in the |
same sense in this reply.
We answer your questions in the or
DER IN winch tney are stated:
l. lease becomes effective from |
the date of award, the lease money be- |
ing then in the treasury, subject. how
ever, to the right of the commissioner |
to cancel such award and repect the |
application at any time prior to sign
ing the lease contract for fraud col
fusion or other good and sufficient |
cause.
.. The commissioner has the right |
to revoke an award on accepted lease
application. which award was made
prior to the filing of purchase applica
ton at any time before the signing of
the lease contract. for fraud. collision
or any other good and sufficient cause
regardless of whether the land is graz
ing or agricultural land.
3. The commissioner has the power
20 decline to execute n lease contract
under the facts stated and to reject the
application on account of purchase ap-
plication pending prior to the execu-
ton OF the lease. no fraud. collision or
other cause except the pending appli-
,at;on to purchase being shown.
i. In respect to the next preceding
question there is no difference in the
30 yer of your department on account
IF the land being agricultural or graz
ng land. II
Constituting article 421Ss, Sayle's
Evil Statutes. alone we would have
10 difficulty in arriving at the conclu-
ion that alease would become effec- ;
i've from the date of acceptance by the
commissioner tthe lease money then
'eing in the treasury to the extent of
preventing sale on an application
made after such acceptance: notwith-
the provision in article 421Ss
Sayle's Civil Statutes) that such lease
hall not take effect until the lease