Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-07-09

We think The commissioner Of th'
land office Was authorized under "a
, act Of 1857 10 have these lands RI.
surveyed Gen Laks 1851. o 107.
. Art -3tI-ssf3. r. S. t4ltJ Th'
state aas Interested .u seeing Vheth
.er W not there uas vacancy A.
alleged vacancy other than sued for
.herein Naf discovered by TNitchel'
and Po BOUGHT tho same from re
state Ne concur in the conclusion
'of lan reached by the learned trial
Judge that tbe corrected ueld notes
so made. returned and filed are bind
ling and OF full force and effect
against 400 parties affected tneraby.
IInrudiur the tate
The evidence Shove that some
ten million acres OF lane b been
re-surveYei under fa.. aD Such "a
lthe impcr'er'lon OF surveyors rom.
pase. chains and chain carrier.
| that perhaps not single one OF
these rcsuryoys is mathematicaly
correct. and the same would boz true
10 they were again rcsuryeyed n
FOR that reason they are subject 10
future correction there uill boz no END
'of litigation with reference 10 these
Hands Tho purpose oft 'bh act usa
10 establish tho line. 1ud corners of
these land this W1. entrusted 10
surveyor selected by ths state. AID.
On the absence OF lr1uI. the state
should Dee bound Dos t'or action 10
The premises
The Attorney Goup-i contents
that Dr. the action ot Tho state -,r-
"yor b. 90 bo construed l. noa. ,nc
act OF 1850 Be- uucuustrI'ioua. co., ap-
Piled 10 the facts coz th.a ease. ior
| RE reason that Iu ipprIriuf tn. Uf-
,ny made by Tho stat. Surveyor the
rommis0 ourr of tb, uui 1ller gave
f0 appellee public school B11. and
that me Legislature had ro llthrIIy
to give away these lands or to au-
thorilc anyone else fo DO go True.
! but mo legislature Na. authorized ~
ascertain Sh3t lands were and what
acrc mot school lands To this end
the legislature vas authorized 90
have surveys made aud to make such
urvoys conclusive. where intoryon
inF rights of third parties we're not
involved suppose the state had
brought suit against the owner of a
tract of land Zoo establish fho bouuda
rics OF such tract ds % has loo this
ease. aud the boundaries of such sur
voy had been established hy the
Judgment OF q court of last resort So
as to include within its boundaries
land which was boo tact school land
The owner of such survey would have
become the owner OF the school land
enormously adjudged 20 be- Included
within Its boundaries. not because
the court had the right 10 give away
school land. but because il had the
power 10 adIudge that It was not
school land Aud go in This case. ap-
pollcc must be held To be- the owner
OF the land DO controversy. not be-
cause the surveyor and the commits
sioucr had the right Co give HIM
school land. but because the legisla-
,urc adopted this method of deter
MINING whether or not II was school
land and, Boo tho method pointed out
hy laV. n has been determined that
thc laut-m controversy Is not school
land The method adopted hy the
legislature OF having The lands rcsur-
yeycd under the supervision OF the
commissioner of the general land
office. hy a bonded and sworn sur
ycyor selected by him, was a reason
able method for had these matters
been adiudicatcd Boo the courts. the
location of boundary lines would
have necessarily depended upon al
rosurcy OF tho lands We think that
that It vas the Intention OF the act OF
1887 10 make tho rcsurycys made In
accordance with said act binding up
ou the state and that said act Is con
suWtioual
Finding Uo error boo tho record. the
Judgment of the trial court Is affirm
Cd
Affirmed
G. ~ JENKINS.
Associate Justice.
Filed June rs. 1918.
Court OF CiUl Appeals. Third SUI
prcme Judicial District Austin
Texas
!. r. % Conuory clerk OF the
Court OF Ciyl Appeals. OF the Third
Supreme Judicial District Of the
state OF TcNa. hereby certify that
tho foregoing seven pages contain a
true and correct copy of the opinion
OF said court. filed iu said court on
the 18TH day of June. 1913. iu the
following numbered and entitled
cause. to-wit
State OF Texas Appellant No 5-O2
vs. G. IS Post Appellee. on appeal
20 said court from Travis County
Texas
Witness my hand and tho seal OF
said court. this 18th day OF June 4
y. 1918.
r A. CONNERLY. Clerk.
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