The San Angelo press. (San Angelo, Tex.) 1897-1907, 1902-06-18

er is given for limited purpose,
while such a general power would
be wholly inconsistent with the
cherished objects of the law.
The grant of the special power
not only does not incluoe the
more general one, but in itself
rather tends to negative its exist
ence."
1.-THE Commissioner is not en-
powered to determine in advance
that there will be no demand for
the purchase of the land when
the lease shall expire, but only to
determine that question at the ex-
piration of the lease, when there
is an opportunity open to intend
ing purchasers to make known
their purposes. :"
The power here asserted is to
cancel for a reason not authorized
by the statute, and to relet under
an agreement which precludes any
such inquiry as that which the
law requires in the contingencies
for which it provides.
"Our conclusion is that the
Commissioner had no power to
lease to Slaughter the land IN
question, at the time and under
the circumstances shown.
"The State may have realized
pecuniary benefit from the course
taken, but that can not affect the
question before us"
In regard to the defense of
ratification of lease it was held:
Nothing has been done by the
State to ratify the transaction.
All that has been done under the
lease has been done by parties to
it, and the Treasurer in receiving
the rent. The State is no more
bound by these unauthorized acts
of its officers than by the I'M
authorized contracts.
"The practically effect of the
contention, if sustained, would be
that the land never, in fact, came
into the market for sale as the
law required. No opportunity to
purchase was ever afforded. y
No determination that the and
was not in demand for settlement
were ever made at time when
there was power to act.
at is equally clear that there
was no valuation of such leases
by the act of 1901.
"The provisions concerning
leases therefore made refer to val
id leases. There is nothing what
ever to indicate a purchase to
validate unauthorized leases"
The effect of this decision will
invalidate leases to hundreds of
thousands of acres of school land,
approximately a million acres,
now held by large ranchmen who
secured it owners consolidated
leases from members of smaller
leases, which were about to ex-
pire, likely for the purpose of de-
feating any action which might
have been taken by the Legisla-
ture, then in session, threatening
the lease system, basing theil
hopes on the supposition that the
Legislature would protect existing
leases until their expiration.
That the land was in demand
for actual settlement is evidenced
by the fact that there are hun
dreds of applications now pend
ing to purchase this land which
was illegally leased, the applica
tions having been filed in antici
patton of a favorable decision il
this case, the result of which will
be to compel the Land Commits
sioner to recognize these which will
, give homes to at least one thous
and more citizens. 1t will also
open field Of opportunity fol
Others who are DESTROYS of secur
ing school land for homes
The decision will result dis
astrously to the large ranchmen
{ as their pastures will be taken w
J very rapidly by actual settlers
many of whom have already gone
, on the ground. 1t will be a great
loss to the cowmen.--News.