The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1914-04-30
IMPORTANT LAND DECISION
important Decision Made by the Su-
preme covr, Affecting School Land
And Other Surveys

am informed by wire from Austil
that the Supreme Court mas today De
cided the case OF The state OF Texn
against G.. W. Post and its effect
are tar reaching. give the facts.
IN October, lYiL J. r. Ketner, 6,
; Duncan and other citizens OF Lynn
county. made proper application {,
purchase from the State certain land
as public school land. laying in Lynn
and Cara counties. between two
large blocks OF surveys. but not be
ing included in either. Final action
WAS delayed by the Land Office for
some time. and In 1906. c. W. Post
acquired from the l.lano Cattle and
Pasture Company the land included
In the block OF surveys east of the
land sought 10 be purchased by Ket.
nsr and others. and Post and lLano
Cattle 4 Pasture co. requested the
then Commissioner OF the General
Land Office to appoint Mr. Twitchell
TO resuryey the land they were sell.
ing and buying Most Of this land
WAS patented The land IN contro-
ycrsy was all In the smooth plains
aud probably had not been surveyed
when Il WAS located and rs location
could only De determined by course
and distance from natural and arti-
hciai objects established several miles
away The resurvey was made by
extending the distance called for in
the held notes of the land Post was
acquiring. sufficient to reach the
block west ~ H. which line had not
been surveyed which was made
year later than the Post block. and
this took into The Post surveys an
The land laying between II and the
block west of IL and including the
land Ketner and others sought % pur.
chase
ln iaos. the Commissioner Of the
General Land once decided % rec
ignize the applications OF Ketner ana
Dihers and sell the land laying bs.
ween the Post block and the block
west ~ Il. and before the detail of
execution of obligations aud The
ward Post instituted suit AGAINST
Netner and others and enjoined the
commissioner ~ the General Land
)rlce from selling to land. and when
he case came up for trial the State
y Texas inieryened claiming .hat
ne land outside NJ the original sur.
'eys made FOR Post belonged 70 the
tate and was subject TO sale as pub
ic school land
BY extending the surveys a. Mr.
'wltchell did. he included several
housard acres Of land more than
vas Included In the original surveys.
The aciicn of the court Is 20 hold
hat The survey made by TwHchou
$ State surveyor appointed By the
Commissioner Of the General Land
'Hlce. Is void in so lar a. 3, incmd.
q within the Post surveys other and
ddlii0nal land 70 that originally in- ,
luded In hts surveys
This ruling is Important. as Il is
nderstood that several million acres A.,
7 public lands have been included i.
resurvevs similarly made and simi.
Iriy sought 10 be- appropriated by In.
ividuals under resurveys by State !
urveyor, under Act Of 1887. 4
was employed by Ketner and 9th a
n In 1905. 10 secure tAese lands for 4.
etner and others. and my connec. n
on with this claim and the suit Post !.
Nd Instituted Is what is suproed to 1
we Induced the Double-li Company =,
rcuisr that was published and dts a
ibsted AGAINST me when ! was q,
Indidate for District judge. and the
'tion Of the Supreme Court Is a >,
neication of the correctness of my y.
'tion IN the matter. as we'll as my T
vai opinion of the validity OF the Al
aim Of Kctner and others. which -
,st sought tn absorb into his sur. m,
". ". c. FERGUSON. "a