The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-11-13
MUTE LEASE LINE.
u,yIpt lis Validity Submitted to
lht supreme Court.
Il APPLICATION FOR MANDAMUS
!, the Land Commissioners TO
a, rifle to Land which Is
/ Now Under Lease.

sspe court;
n questions answered: Gulf.
4 and Santa Fe Railway Company
q Cakes, from Bexar: S. e. d.
~ Al VS.. United States Mortgage
limited. from Bexar.
4. corrected: C. K. Prouty VS..
uusquiz. from Maverick.
~ for rehearlng overruled: f.
! S. P. Moor. from I'll Paso; A.
!. ct al VS.. John A. Borgess. ct
I'd Harris.
I, Tor rehearing dismissed: w
Kit VS.. Provident National Bank,
ytLennan
4, december 8; ]. II. Anderson
r. B. Neighbors, from Pecos.
IsIftpd: W. NJ. Reed VS.. Charles
aud commissioner, petition for
nus, A. G. Ramirez ct al vs.. Fran
NTH from Bexar.
,uestlon in the case OF the Gulf,
IN and Santa Fe VS.. w. B. Cakes.
vas certified by the Fort Worth
d civil appeals was whether
"a company is liable for the spread
mcent farm property of Bermuda
soVed on its right OF way. The
answered that the railroad is not
unless guilty of negligence. In
words the question is one of fact
.e Jury to determine.
petition Of w. NJ. Reed for the
nee Of peremptory writ of manda-
ID compel Land Commissioner Rogan
1rd him certain section of land
srisn county which was submitted
morning as above indicated involves
nditr of what is known as the
lie lease line established by the
EB-Rith legislature. Reed contends
The amendment of article 321Ss of
Devised statutes of 1895 by said leg.
he to establish said line and give
rs west thereof understandable leases
|sal and special law in conflict with
GENERAL law in relation to the sale
Ease Of school lands and that 1t Is
Es.ltutional because no notice of the
ton to apply for the passage there
|gs given. Reeds side of the case
presented by A. II. Kirby of Abilene,
Office Assistant Attorney General
represented the land commission
LAssees affected by Reeds appllca-
we're represented by r. II. Ward of
Antonio, y. d. Tarleton of Fort
D, R B. t2oDey of Abilene and H.
pa Of 81. water.
following is the text of article
as amended In 1897, and attacked
iced.
ace 42lSs. Any person desiring to
any portion of the lands belonging
BY Of the funds mentioned in this
sr, shall make application in writ
10 the commissioner of the general
Office, specifying and describing the
tuar lands he desires to lease, and
upon, the commissioner. if satisfied
Inc lads applied for are not in i'm
PIE demand for purposes of actual
Fnent, shall notify the applicant in
fag that his proposition to lease is
pea, and thereupon he shall execute
lessee in the name and by the au-
~ Of the State of Texas lease Of
and FOR such time as may be agreed
and when satisfied that the lessee
|pai0 10 the treasurer OF the State
Etnt Tor one year in advance, shall
II SAID lease u the clerk of the
y eehrt in which the land is situa-
n Of the county to which said coun'
attached for judicial purposes, and
~ be the duty of the clerk to re-
well bound book, to be kept in
EAee, open 10 public inspection. a
EHAhdum or abstract of said lease.
|ls the number OF the survey or
Fl Nased, the name of the original
~ the amount leased, the name OF
Isssee, the date OF the lease, and tho
~ OF years it has to run; and for
LIZ SAID memorandum the clerk
W entitled to fee OF twenty-five
A upon the payment of said fee,
EisfK shall deliver the lease to the
|, ana no other record OF lease here
male snail be required, except said
iease contracts heretofore made
~, recorded, shall be filed for rec
~ the clerk of the proper county,
i lniee months after this act takes
+ ana II any lessee shall fail to have
|sliecorded lease SO filed for record
sIl time, the commissioner of
|9s9elal land office shall disregard
vast and award the land to any
w 1,ppaicant accompanying his applica-
nn me certificate OF the clerk that
se u o. said land is of record in his
"hen any such leases are filed
49, the clerk shall make the
I nt or abstract above provided
All lands which may be leased
Il subject to sale at any time ex-
ruere otherwise provided herein.
,N'stislon in regard to the sale OF
,auus shall apply to leases here
paue' as well as to those hereaf-
Nc made. Any section or part OF
IA whlch may be leased, shall not
a nor shall the lessee be dis.
~ MS possession thereof during
m OF his lease. in the following
sh the lessee has actually set-
~ such section. or part Of Sec
sas u erected thereon his residence
h ESSENTIAL improvements for per-
|r ~, settlement.
I.h he has placed on such section
" section improvements OF the
NJ y. Two hundred dollars.
hen the aggregate of the land
|not settler and leased by him
W. exceed one section.
lands which may be leased south
~ OF the line herein designated
pc sold during the term of the
a. li otherwise provided by law;
tre sections leased by any ono
are not 50 selected as TO detach
winch are thereby left I'M
/ SAG line be1rins at the northwest
| : 2sLuE county; thence east,
s W. 40 finer Of Kent county;
W to The north line OF Fisher
thence west to the north,
"ner of Scurry county; thence
70 me- north line OF
s.unty; thence east. to the
corner of Runne,s county;
s'u'h to the southwest corner OF
7 county. thence east 70 the north