The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-06-10
AN IMPORTANT DECISION.
Mandamus Granted Against Land
Commissioner by Supreme Court.
SETTLERS ARE GIVEN A CHANCE
To File on Lands Regardless Of the Fact
that New Lease Has Been Executed
by the State.

Austin, Texas, June o.-Thc supreme
court today handed down an opinion in the
suit OF j. u. ketner VS.. Charles Rogan
commissioner of the lanl Office, recently
brought by Attorney AShby $. James OF this
city, awarding TO the petitioner writ of
mandamus requiring the land commissioner
to approve his application to purchase two
sections OF school land in Lynn county,
Texas. and to sell the same to him upon
said application. This Is one of the most
Important suits affecting the school land
OF this state which has been decided by the
supreme court, as it win throw open to
actual settlement many sections OF school
land now held under lease by large Lease
holders,
The point involved 10 this ease was the
power OF the land commissioner to execute
II new lease ia favor of u large leafs, ..,. .cr
before the expiration o. the lease under
which he was then holding the land, Under
the act of 1897, providing FOR The sale OF
ilee school lana uG tais state, certain
district was created WITHIN watch the sale
OF All the school land which mignt be leased
was postponed uaui TIE expiration of the
lease so mat aCIual settlers under this act
,uu.d not apply Tor and PURCHASE any school
land held uuaer lease uutn the eXpica-
ton ~ the lease II was conteudcd by the
hoIuers, Tor the purpose Of preventing the
lands held under lease by them from going
on the market AZ tac expiration OF int
leases, procured from the commissioners Of
the general land Office new leases covering
the same land before the expiration OF the
lease and then when the ola lease expired
ana settlers applied 10 purchase this land
their applications would Ne rejected by the
land commissioner uppu the ground thut
the land was still held under lease ny
virtue OF the new lease. This action OF the
2 v.fF.t IL HalnN eli 40
leases, relator contcudcd, was void rs be
Ing in direct contravcnuon or tue statutes
providing for the sale N this land at the
eNpiration of the existing lease and con
trary 10 the policy Of the law to give set,
tiers an opportunity TO purchase tnls llnd
at u given time. BN the decision To-Day
1 handed down by the supreme court The con
/ tGution of the relator Is sustained ana II
| is held by the court that when an old lease
| expires upon school land 1t then comes
| upon the market for sale 90 settlers REGARD
| less Of the fact that the land COMMISSIONS.
| had prior to- Its expiration executed n new
| lease In favor Of the lcaschoueN ana tha'
| the execution of such new lease couid MOI
| affect the rights Of a citizen OF tNs stat,
| TO purchase school land at the expiration oi
| a lease This decision Viii nave the eu'c'
| to Mace on the market subject TO purchas'
| nil of the sections NOW held under lcase'
| which were executed prior TO the cXpifa
ia, ~ Inc former lease and VIII result
| in the immediate sale ot many sections
| actual settlers who have been endenNorinl
| 10 establish homes on this land.
| The court held that the controlling pur
| nose Of tbe statute on the subject was L
| make sales of the public lands and Whi.
| n lease could he cancelled tFr S'npaymeh
| Of rent and from the power given 10 "a
| land commissioner. there Is none 10 can
eel an existing lease, unless tif lHhL pul
pose Also that from necessity q lc9s' ua
| be cancelled for uonpaYment Of rem, tn'
! can not be allowed to include tho H9oWe
10 cancel by agreement merely Tor the Pun
pose of Immediately granting new Na =