The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-09
A VERY IMPORTANT OPINION.
1t Relates to the Sale of the Public Lands
of the State.


tey, and ~ clgssfy them hcrorilngiy. and
/ thus brlns snld lnuds within toe provisions
Of the miwpg Act as mineral lands. or must
such further examination, In order to have
iMs effect be- made by thlR meteorological
ana geological survey
The whole tenor and purport " this act,
taken IN connection With the fact that from
1851 So 1915 al each session of the ceisla,
turc very large appropriations were made
fnr the meteorological and geological survey
OF the STATE leads 90 the conclusion that
the legislature intended Co adopt ihis means
alone 10 determine what lands were min
eral within the provisions of 1hc mining
ret cf 1881 aud lhllt ana the examination
81 mineral lands "claincd Go cAisi at other
I location provided tor In thc lasi clause
OF article 3lesh. was Intended Go be mnde
aud could only be- made hy such mlncralog
teal and geological survey.
Although NOT entirely without doubt on
this point We think tbis Is the proper con
structon " this statute and you are 50
advised From this " follows thar the
land referred 90 in your letter never hay.
ing been examined ana designated MS min
eiAl lands hy the mlneraloslrni aud grolprl
val survey. provided Tor In the mmlug act.
dc NOT come within the provisions ot thnf
net ana that there Us, and has been. 100 an
tbority ON HE part Of the land department
10 acrrpi' or go rccpgniac, locations OF min
ing claims thcrcon hut the same ran oulr
be sold on oihorwhe dtposcd o. undi /
/ the classification hereof as dry grazing
land ns other hand sd classified
You would therefore, uot hc authorized
To Issue patents To the two tracts rotcrrcd
Of The mining act OF 1881
" the latter clause pf article 34nSh. r.
s. should admit " such construction hH
would have authorized the commissioner
W the general ipud office tn mike the cx
animation az those lands dn 1877 and to
huVc designated them as mineral lands,
without thu action Of thr meteorological and
gcologichi survey. aud thus have brought
them within the operation ~ the proyts-
/ inns of ihc mining ucl u might he Mold
that his acceptance and Ming OF the npull.
n ~ % mi d.
Ing claims thereon referred io Ga ynur iri
ter wuuiu HmOunr ~ u doflEnAtion ~ the
laud nH mineral land under that ACT
II is necessary tu decide this question iu
ylcw of the conclusion ut which We have
reached ns 10 the proper construction ~
the Ubnyc cited article 81 the statute
II may be that this construction of the
statute VIII render the commissioner of the
general iupd nffiCc helpless 70 prevent the
sale ot vHlu0be mineral l0ula as ordinary
agricultural ar grading lands. for an inag
niuraut price For this reason we would
hnyo been glad Go have arrived 90 dlncr-
rni copcuAon TO tbnt here expressed.
tho safe aud lease of puhlic school Ont
olarr public lands the irglslature mas pro.
yidrd carefully for tho classification ot such
lands ny the Hand commissioners a7 arrl
cultural grazing nud timborrd lands gnor.
ing lhr classification Of mineral Lands, cN-
rrpi iu the mining act
n tur prayNnps ~ these laws do not ~.
ford adequate protection tn the rights Of
lur state 100 minerals lu lands Whirh are
wa lN#i hlllrIAi iftIiihh lH'i'lH. MT B" 90. I.l'
iotls Wiiv, department of Che government
to supply the drhcicuey us tNIs q. Qure.
ton purely within legislative control The
iut"nrutalion placed upon tHe n" Iy me
conclusion announced bN De- euptnWo 'Hurf
iu tur frNrndrIl ease hHd Boon tutDpotrI,
and t,iu governor. iU hls mes .trv 40 Ito
regular ..- ioH OF th" twenty seventh Neg.
ls.Hiurr u,Nrl legislation iu euro NE d"
fcci. 10 W WAS one iu ouI laws, in tho
following language
90
l6tNrc o. urgcHtt aHhcd iH thr ruHHifian
Of ihc mluDl lHud Ul oi wntrh hriong io
fhc pD"Wnur.' a.hlu' fund, lud ~ W earn.
cstly recommended iiHt prompt action Toe
tu Iho fHud soWcwhRt ni thvir true value
Whom "ulH So.rJl millions Of acres OF
Fuuh hgH. Urr nuN rlnsNtcd Hs grlHug
luud and many of tncm hive been sold at
.iuo permanent school fund s sacred
trust. Hui the duty lf plain and pressing
10 promptly provide against ,hc alienation
ut ilis yu'uhblo heritage at $50 luinont %
cost ln TINT fund Needless delay m ihla
matter pHu NOT ana Win not to excused.
The criticism by he commissioner Of our
mining laws rs Just and timely, ana should
DR. needed
THs suggestion an not meet with tho
approval 90 tho legislature Subsequent 30
tho dtoaion ~ lHo supr me court in tho
sDndrl ease n' i1n t.lgA tc ,'"l, lie
subject A Nh wns prtp1t'l by lhr ,g'h
mi .oucr or tAr general aul 1hirc. Whlcn
1.us corHurrtl iu hy the attorney ffhrr1l
department and having tnr liH object enc
reservation OF munrnl lands from Hnl". cS.
.rrli n. mineral Ru1H 'tna hlli WINS IN
troduccd into the Legislature, hnt w'e NOT
rhc.c faots wr tbiuR rcarly show 'hnt IT.
wHa tltr intention of ihy pws"W lnt.-l1
t.ro HH DO h1d hnru Of previous l"klil
tmoa thai Pohlie school mo o,rE'l Il'.,.
orW when they had been cm-sdd us fu,h
under former lass Tie elffr'ucfs or illN