The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-11-01
|TE'S SCHOOL LANDS.
/ Commissioned ROgau Suggests a
Remedy for Present Middle.
HAS NOT BETN PROTECTED.
ien's Heritage Has shrunk Nearly
kty Million Dollars Through the
Policy Pursued.

tuetin, Texas, October s1,--lr his blcti
Il Nport, Land Commissioner Rogan has
ttllowlng TO say OF the school land
ehate is no subject with which the COM
hktoner Of the general land office, the
'ofhey general, the district courts. the
II courts of appeals, the supreme court
lawyers and the people have to con
iD.3 gives SO much concern, anxiety.
luble and annoyance than the practicable
transformation OF the school land laws,
ethe passage Of the act of 1893.
che people think the commissioners Is
bted with plennry powers with resaru
maklng sales and leases of school lalu'
idef the strict Interpretation the courts
Se given these laws, the commissioners
I. IN mower whatever. He is simply Il
Material officer. Any error, therefore,
,ueby the commissioner or either of ms
t4sseven clerks in the Interpretation anu
ifiilstratlon of the laws, arg pfuctlSauS
"a Ia be nugatory and the rights of the
ixeb put in jeopardy. Because OF these
I'm and this general belief, that the coln'
Is&lbuer Is vested with powers he does
Ii ID ssess he Is often misunderstood.
NfA ubiect Is more important TO the PEG
b Md to the State than the proper man
lti1Spt ana .nuni disposition or the pubfG
nAol lands. None viii likely come DeIofe
\, legislature which will deserve more
nsiheratlon and thought and which wlll
fstSably receive less, than school land leg
IntlDn, md there Is probably no subject
It'll which the average legislator Is less
uifliar than the school lunds, and the
nctlca operation of the laws regulating
enA 1t would have been far petter u
f,..I III.
materially modified. That law, though
,neffect, was better understood and much
lisof in its provisions than any law passed
nee that time. Although imperfect, It's
.0Ttsions had been practically interpreter
4 the courts. In addition to this, II au-
llisfzed the sale Of no land at less than
nan acre, ,vnlch was indeed n very wise
.cNision Two amendments TO that net
ouhl have been sufficient, one reducing
"a rate Of interest ana the other providing
method for forfeitures and the collection
rid Jaws Of 1895. 1897 and 1901 are full
eontradictions and glrins iuconsist
idies. Every time the law has been
ukered with, since the passage OF tine
Il of 1887, it has been against the best
.terest of the school fund. While the
Vs were enacted ostensibly for the bene,
slof the actual settler, he has derived DuJ
it'd benefit from them. The chief bene-
.iaries have been land agents, spectators
Ia bonus hunters, and finally the ranch
I'll The cream of the school land has
sen sold 1t has passed beyond the COZ
oil of legislation, or the jurisdiction OF
le State under improvldent laws; IL mas
SEN sold to people who swore that they
ere actual settlers, and who swore that
ley were purchasing the same for a home.
III the acts of 1895 and 1897 authorized
lei wholesale reduction In value Of TINS
nd from 81 and So per acre to 81 ana
ll50 per acre. II also required the sale TO
\ made on forty years time at only j per
snf interest. requiring the payment oil only
apdortieth of the principal In cash, which
as most usually $16 on GAO acres OF land.
4 Also permitted him to purchase as mueh
, four sections. with the privilege Of sell
n rny or ali OF this land SO purchased at
Iiyfime These provisions were only DC;
tEfon and snare. 1t did not procure actuni
ana fide settlers In a majority of cnses,
!, fhose who sworc thep were sBch, II
tiV invited wholesale spccu'at on on tn
~ Of purchasers apd lanl agents, and
cthed III the robes of n settler only sue
akfshift of settlement was ml dc - IN 81
lsas, Until such time as they could eweal
,sthree Years occunancY, and sell 60 nm.
le eise, In many instances to large land
cIdcrs for a good round bonus, whlt
ANY az them sold their claire within q
eek or a month after purchasing the same
Ii has been the uniform policy to sell Il
atfihl settlers only-a class II people, VINO
: n rule have only n lin ted. or common
shnpi education. 1t is, therefore highly
npcrtant for their sakes, II for no other
.asbn, that the law should he plainly writ
sh. eliminating Inconsistencies, room III
oubt and double constructions, SO TINT tho
pplicants themselves can read ana under
and II can, aud why should 1t not, b'
nus written? Who In all the State o
exhs pretends to understand the present
,hool land laws? What LAWYER or wat
ldge Will SO declare2 What do the higher
1Nfts say of these laws?
The ablest lawyers In the State who hav,
afi much TO do IN passing on questions o
tie to land sold under existing luws, sly
lev do not know how to advise thcil
Tests They will examine the papers q
le In the land office, munirnents Of It'll oil
ae deed records, and from the face q,
nein the titles are good. but the laws arr
asceptible TO so many constructions. ant
q many new phases are presented To Tx
osirts. and the courts Ee so much divided
] opinion. that they are at loss to know
fw ia advise clients This state of fact,
1onld not be Texas land titles are in
adorable condition, The people have bu
ffie confidence In them. and a law should
4 passed quietng them Neither the peo
le8nor the administrative officers, nor I'll,
onaition Of affairs The fault Is wifi
hose who frame and pass the laws, and I,
eStnre confidence In titles, a general relic
llL should he passed by the legislature.
Inc laws rev In torCa Are. me act an
r0ted April 16 1895, Fnd ms amended b'
n act approved May ~. 1897, exccnt n
rfar as their provisions may be In Gentle
ylth the net approved April 10, 1901. Th,
Ct cf 1905. and as amended In 1897, IS ful
\ Inconsistencies SO also Is the act q
n01 The latter act renealed only sucl
tws as are In conflict Herewith Ocery
What Is the law Who Is responsible =.
he condition Of Texas school land titles?
In the administration az these laws
ave been guided by desire to follow IN
atention Of the legislature. where that f.
Rntion was manifested fr m the plaii
vogdDg Of the etotute. Whore the Law
Enf, or is. az doubtful me7ning. ! have FOL
owed the construction OF the lows as inter
reted by the courts, or II tho me ha
lot been Interpreted by them, have 10,
owed the construction given the law b.
ny predecessor, and have made sales ab
eases in accordance with their construc
m and precedents established. In add
inr 70 this, the advice of the attorney ge,
ral has heen freely sought, given ard mn
nrmly followed. Since the passage Of th
50 Of 1905, there have been eirhty-f M
ptters Of inquiry asking the attorney gen
fal for advice on doubtful provisions q
be school land lava OF this nunlhcI
'Ntv-nine have been submitted since Scr
enlber 1. 1903. Each letter submitted. COZ
pined an average OF at least three douh'
al points. upon which advice was aske
ri a NNN> a R n