The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-02-10

a relense retrospectlvely OF all minerals
in lands granted before the enactment
/ OF those articles.
! The fact that ihis constitutional re-
lease ives placed by the coiiiie y ~ .ns s
code OF 1879, and by that code ado2tel
!, as the law, do not think was mere
continuation Of the release g7snted ~
the constitution, but was "a new enact
mont of The same, and had the eHoct 81
releasing all minerals on LANDS mat nau
been sold anterior to the code OF lS'e' II
was new release operating reiTospei-
lively flcm that date. The very con-
struction that We havo given TO tais ar
ticle In the constitution fcrces US to taat
conclusion. When 81 was adopted IN tGe
constitution CT 1876 1t operated irem V1e
date of Its adopt!oa, thence retr epec-
lively. L, quleted titles to lsn-s men
reduced to private ownership. ana IN
therctofcre reduced to private OWNERSHIP.
and by the use Of the word "rele3sa,
whiiat II affected all grants theretoto
made and Guieted the title OF the owner
cT owners in the mines and mllerlls On
the lands reduced to p-lva.c o~nsrsh =
from the instant Of It's adoption, az ia
as the future was concerned y became
absolutely imperative, and therelora eA-
pired by Its own limitation.
1t could hardly be insisted that the
legislature. when II adopted this p-o-
vision In the code az 1879, did no. DO 80
with the full knowledge that the clause
as It was enacted by the constitHti N.
bad become imperative. and tney
brought II forward In the code OF 1879
, so that those who held patents to lads
granted to them since the constitution
; OF 1876 and whose lands had deen re-
ducod to private ownership up to the
adoption OF the code of 1879, mould ell
joy the came benefits as the carrier IA
tentees.
The eforo by the act OF 1879 the t, ie
, OF the State in tho mines AMI mine al >
was released Is the owner OF the so l.,
aud the State has no claim what's eT
to mines and minerals in lands g!an1e
up TO the adoption Of this act.
AS TO the code OF 1895, wc do not oe-
; lieve It can have aNoge, her the same
t force as the release granted in the code
of 1870, for the following reasons:
T This release Is found Ia tae constl.u-
t!on OF 1876 under the he OF Public
Lands and Lsnd Office" 10 is found III
. the c3de OF 1879 under the head Of pub
+ lie Domain It is found in the code OF
] 1e95 also under the head OF "PuoAc DO
main" and an iuspec ion OF the cduAu-
, tuition OF 1876. article z section 2, creuted
a what is known as the public free s'h)ol
! eund; section creates what is known as
i the asylum fund. sections 10 to IL, IL
: elusive, create what are kuCWn a. the
L university and Agricultural aud M2Gn3h
} ical college FUNDS.
+ II has been held in caso OF Day Land
= and Cattle company W. sta e, rs IeH" :
@ 5a6 that the worda Public D,na.n' re.
/. ferred to unappropiated pubic .auds aud
p, did not refer 10 nat part of tao appro
y, prated publio lands segregated for III,
;. benefit OF the particular funds See ala
:. State VS.. De.esdenier. { TaAas, 70; WI.
son vs., Jackson, 10 Peters. AS.
Il In section I, artlcle I, OF the conSttu-
- 4rI, ffr- hp r1l e Ia
y ahose mentioned and which segruga je~
e certain lands, TO be and become part o
l. the same, uses the following language:
Is The lands herein set apart 10 The pub
B. lie free school fund, sha ! be sold uldei
J; such regulations as such tines and OF
* such terms as may be prescribed oy Ia"
J. and the leglsla lure shall not have powei
:. o % grant any relief 70 purchasers ''s''
The latter part Of section .. with ref
l.. ererco TO the asylum lands reads "a
l.. follows, ~"
0; ''And the legislature may provide fr
c. the sale tt the lands and the invesiiueh
5. of the proceeds IN manner as provide
l. for the sale and inves MN OF the sGnoo
3. land In section of this article"
Section W.. creating the university an
to Agricultural and Mechanical college
." funds, pract,cslly enants the provision
On of section III reference TO the puuli
% ScnQOl lunu.
to IT. has also been he'd that SAFE L
10 lands belonging 10 these sands depend
lp entirely upon legislative veEalauon
to Swinsou VS. STATE, II Texas, 222; Swim
be son VS., Taylor. so Texas, 5S4.
1t will bo seen, therefore, that It
e. lodged with the legislature absolutely .
or tho constitution Itself, tho power to Sc
nj said land, under sFch regulations, >
IL such times and on such terms - the
or may soc nt. Aud 1t further form dis IL
N legislature trcm granting any rel.ef {
O. the purchasers OF the same.
in The legislature by virtue OF this pow
er passed in 1888 see Acts 1888, p. s.
IL an lct ragul-tiu. the sale c! these p-g
as tlcular lands, The conc us!on Of sectlu
Is OF this az, reads az follows:
C. provided further that no preferent
III in the rtgGt OF purchase given by til
ns Or any other section Of this bill, sha
O. extend to or include any minerals, b'
is the same shall remain the property
the resps otve fund 20 which said lar
at belongs"
e. Again section IA Of this act contaii
ng the following.
ISL The minerals on all lands sold c
leased under this act are reserved
SO the state Tor the benefit OF the fund
ice 'whsch the land beopgs.'
is And again. on April "a. 1888 there W
tie passed and approved an act entitled IS
Minerals IN Pubic school Uoiyersit
on Asylum and FIhlic Lands os the Sta
SCI OF Texas"
o, This act specifically reserves IL u
n- sale of sush lands all minerals on t.
AZ same, and then seeks 10 provide be
me certain minerals to-wit: coal tin, ce
he per, lead silver and gold. may be pro
al pectei for aud mined.
RI The reservation OF mines and minera
'es thus specifically and undisputeuy +
IL served from Dne sale Of nc laads me
no tlonei In this aot is merely, IN our opi
nv ion, due to an abundance of cautioa-
re- ststed by Judge Whee.er ia his opint
NJ IN the case OF Gown vs. Hardaman, Supr'
90 intended by tho legislature. not ga t.
10. adoption Of a new principle OF law OF q
Act State. but as dec, aratcry of existing Ia
sw and the enac llent Of the same
an "Manifestly the settled policy al
act purpose on the part OF the leglslatu
w to pro.ect tao interests OF the State
we the enumerated objects, and to qua
against their operation FOR The purpo
OF o; prlyNte speculation"
slt o.. TO quote tho language of Jud
IN Moore, IL his opinion in tae same cas-
a ''ihe object ana purpose Of the leg
va lature was simply 70 reserve the pub