The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-05-29
ANSWER OF THE STATE
10 the Application Of SehendeIl for a
Writ Of Mandamus.
UNCOMFORTABLE TO THE STATUTES
IN the Purchase OF the Land is Alleged
Against the Pettioner---No Mineral
Survey OF II Made.

Pe'luon nled In the supreme court against
Land Commissioner Rogau by August
! Sehendeii. 10 compel him 10 issue a patent
TO section Of land In Fort Bend county;
! NOW comes respondent and dcmars to
the original petition Of the reator herein
and says the sane Is Insufficient IN lAw
because the facts alleged thcrcln do uot
Norrant the granting of the relief sought,
rad Of this he rrays tho judgment of the
court
| And specially excepting to tho petition
81 relator the respondent says the said
/ petition is Insufficient because tt appears
from the said petition that the lana fof
! Witch the rolator seeks To have respondent
issue to him u patent was classified and
Nnlrod by the then commissioner of the
general land Office Of the state Of Texas
on or about the 31st of DECEMBER lS}l
as agricultural land. and that the same
! vas~as-the market for sale as agricultural
land only.
l, does not appear from relators peti
tion that the said land had. or has at
any time, been designated as apparently
mineral bearing on non-mincral bearing
] land, or IN any way classified by the
geological and meteorological survey. J
II does not appear that the applications
made by the vendor of relator to buy said
land was made under AN act 10 better
and more fully promote the Development
of the mining resources OF Texas. as
contained lin chapter 1T of the acts.8of
the rwenty -foarth legislature and It does
not appnnr that the said proposed pnr
chaser made oath or swore that there
were none Of the minerals named In sad
act on snld land So far rs he knew pr
had reason Go believe or did believe; which
aftdnNt#or oath was required to be made
in all cages except where the application
TO buy public school land was made undeS
1t does ,not appear from rea$sgss pet
lion that thc lana which ne seeks 20 nave
patented 70. him does not contain vdlnAlie
the other Substances on account of the
existence ofvhich Ia sais land the same
was reseryrdSfrom sale.
tion that at the Time he made application
TO Obtain tltlNtQ the land whict he seeks
d l no DsnG to Sog him. IN hs %spqndsbn t
matter-that is, AS 10 The existence in the
land Of valuable deposits nj oil or some
Of the other substances, Oh account, OF
the existence of which therein, respondent
was required 10 forDear action On SAID
application until he WAS satisfied.
Wherefore respondent says that II mp
pears from REALTORS petitisn that the opp
cation to buy the said land was not made
In conformity to law and conferred no
rights upon the person who made II. and
that thcI eforc. the rcator, the yendre OF
snch person. had acquired no rights which
entite him 70 the relief sought and OF
this respondent prays the Judgment of the
conrt.
And answering in this behalf respon ;cnt
admits that vhe facts SGT forth In realtors
petition are true ms therein stated, nut
he says that the relator Is not entitled 20
have the writ of mnndamus granted ms
prayed for and that he trespondentl has
no authority to issue to .rflator patent
TO the land claimed by him AN
| And for special answer respondent alleges
that the land for which the reiator is at
| tempting TO secure patent was public
school land at and before the time the
same was attempted to be purchased ny
the vendor Of relator, and the same has
| been. and Is still, reserved from sale or
| other disposition except under An act
Ito better and more fully promote the, de.
7 yelopment Of the mining resources of
laws ofNthe Twenty fHnrth Legislature, ana
that nckattempt hqa heen made 70 buy
| by tho fgeologicalSAnd meteorological sur
| vey, fptoyided fof in said act; and was
S Rsyr f or essse cd as "p mIp
mineral bands FOR any purpose, by Asaid
/ survey, OF by any other person or perS ms
! Armstrong did not make oath fnasa.ihee
| was not to the best Of his knowledge and
! belief oil or any of the minerals embraced
! In s..A act, In said land
That at the time of tho attempted pur.
chase of the said land 1t was not known
or supposed by the commissioner Of the
land office. or by the proposed purchaser
! limit 1t contained valuable deposits of oil,
| natural gas or any of the other substances
embraced in said act,
crnl land ofhca3 received fhesiapplication
q Of reIntor's vendor William Armsfropg, To
buy the said land without his having 3npae
oath that there WINS not In said land, 70
the best of his knowledge and belief any
of the minerals embraced In said act he
had no authority for Sc, doing, ne sld
oath being required in all cases where ap'
plication was made TO buy or obtain. III e
ia nny of the public school laifds, eXrSpt
whereithe application was madf under SAN
..act TO better and more fully promote thd
dcvelonment OF the mining re-sufces of
TpXas" aud hence the attempted npprn
prlation and purchase OF snid land
heiur In compliance with the law conferred
no rights npon the said Armstrong, under
whom the relator claims.
That at the time reIalor made SppI'cIa a.
ticp to obtain tue 70 oh s,n ,ann Wnirn ne
4 ont Ind reason to believe that the said land
I contained valuable deposits of oil. and that
contains valuable deposits Of oil. and that.
thereforp ne has forborne action upon 50 d
auplieation until he cnn become satishtd
TINT such is not the case.
| wherefore respondent respectfully subs
| r,Its that the msndamus sought by relnt u
should not I've granted, and he praFs mat
the same he refused, and that he recover
And further answering respondent r..
spoctfully shows to the court that both
! nnder said "act to better and more IN ly
nromote tho development Of the mining re-
Sources of Texns" and under ian act to
provide for the disposition Of the minerals
In the public school university and asylum
and nubiIc lands 81 the State OF Texas
epnrdyed April IA, 1889. any sale or dis
position Of the tract of land for when
he relator seeks to have n patent ISSUED
"a him would he made under the circum
stances under which he applies for *re
same with reservation OF the minerals
thereon subject to be located as provided
" If therefore the mandamus should bc
,xsucd in this case In favor Of the rciator
thcn RESPONDENT respectfully prays that III
anIv he required 20 issue 10 reator pa
,eni for said land expressly reserving Inc
minerals thereon subject TO be located az
PioNi"'" ~ e. X. Bell.
Attorney General.
7. =. Reese,
Assistant Attorney General
Attorneys for Respondent