El Paso herald. (El Paso, Tex.) 1901-1931, 1911-06-03

school lands which were upon the
market for sale, and who has COM
piled with all the requirements Of the
statutes, has fixed his right as pur-
chaser with all the rights and incl
dents conferred by the statutes for
the sale of such lands. Hence, If re-
lators are justified in their contention,
they may proceed to make their pay
ments, and to perfect their title, and
when they have discharged their obli-
cation in full, may demand patents to
the land without any reservation
whatever"
From the case last above quoted II
will be seen that until a land owner
has lived upon his land the three years
required by law, and paid in full the
purchase price of the land (Which he
would not otherwise have to do for 81
years, paying percent interest for
the use of said money! he cannot de-
termine his rights by mandamus. And
even though he should do this, he
could not bring the matter before the
court by mandamus because in such
instances the commissioner is issuing
patents without any reservation, on
the ground that there is no other form
prescribed by law Hts action in this
respect is not conclusive, for the rea-
son that his action is purely a minis
terial one, and if done in violation of
any of the states rights would not
be binding upon it. The land owner
therefore has left only two avenues
of relief. A suit in trespass to try
title, instituted in the district court.
ana an appeal through the successive
appellate courts to the supreme court.
which would necessarily be a long and
expensive route, or an appeal to our
lncr c11f1 fnr~ a "a "a ffT7rp
act, quieting and confirming in the
owners of the soil the title to every
thing to be found upon and beneath
the ground
Ignorant of the West.
Few people in eastern and central
Texas are familiar with the conditions
or needs of this section of their state.
They do not realize. nor can they APP
preciate from a distance the fact that
here we have only from eight to 10
inches of rainfall per year, and that
during the past two years there was
one long stretch Of II months during
which not one inch of rain fell in the
section where 1 live. They do not real
ize that we must depend for a IiEeli-
hood upon cur cattle industry, our
mineral resources and our irrigated
lands, and in this connection 1 want
to call attention to the present atti-
tude of the east towards the west as
we see it. In this connection 1 wish
to say that 1 bear no malice in this
matter, for I feel that our wants have
not been made known as they might
have been. and that one-half of the
state does not know how the other
half lives.
Change of Policy.
During that period of our states his
tory when central and eastern Texas
were being developed and had need
for progressive legislation, they did
not hesitate to grant vast tracts of
public domain to railroads and to syn
dicates for the purpose of enlisting
foreign capital in the upbuilding of !
that portion Of the state. And as long |
as the principal mineral resources of !
the state were supposed to consist of |
salt marshes and other minerals in |
that section of the state the people |
were quite willing and ready to release |
to the owners of the soil all mines and |
mineral substances thereon.
But no sooner had east Texas Sc |
cured her railroads, developed her |
country and exhausted or exploited |
her mineral resources than a wonder
full change. took place in their attitude |
towards the public lands. The first |
move in this direction was the at /
tempted reservation of the minerals, as |
outlined above, but not satisfied with |
hat, they stretched forth their hand |
toward everything that might possibly |
prove Of commercial value in the fu-
-ure. By accident it was discovered |
that the guayule, an insignificant |
looking weed, never growing more
than two or three feet high, had some
possible value as a rubber producing |
plant. No sooner was this discerned
he fo< ole cd IL I
weed as timber" and passed a bill |
providing that such should be reserved
unto the fund to which said lana De-