St. Landry clarion. (Opelousas, La.) 1890-1921, 1915-07-24

respecting lands in Plaque
mine parish Of which MI
White is seeking to get posses
sion at Is cents an acre?
a. IA. Mr.. White in 1915
claimed that he had filed TIVE
applications for certain tida
overflow lands in Plaquemine
parish, one in 1901, and the
other in 1907, but we could moi
find any record of them. He
then filed q copy Of what he
claimed was the application
filed in 1907, which copy was
certified to by two witnesses
as being a copy of the one filed
in 1907. He also exhibited an
affidavit Of q former clerk in
the Land Office showing that
such application had been fl.
ed. On the strength Of this
presentation I requested Gov
ernor Hall to order a survey
of the lands, which he did, and
the survey was made and filed
in the Land Office, when, at
the suggestion Of the Governor
the matter was referred to the
Attorney General for his opin-
ion as to whether Mr.. White
was entitled to a patent. It
has been pending there ever
since. All Of the above mem
toned papers relative to this
case are with the Attorney
General. Attached hereto are
copies Of the correspondence
which passed between this Of
fee and Mr.. White. Also
copies of letters from Mr.. John
Dymond, Jr., pertaining TO said
lands and my replies thereto.
These embrace all. Mr.. White
deposited $500 with me to Gov
err the cost of surveying and as
payment upon the land, and as
the land was not surveyed, the
money was deposited BY me IN
the Louisiana National Bank t0.
the credit of F. j. Grace for e..
M. White.
Cine correspondence annex
ed shows that Mr.. White sent
S1400. but one of his checks
for 5000 was returned I'M
paid.
@. Is. In view Of the state
ments made by Governor Hall
and some members Of the Leg
islature. indicating that they
consider Act 283 Of 1914, I'M
wise legislation and detrinlen-
tai to the interests Of the State.
would you now advocate the
passage Of & bill designed to
undo the evils Of that legisla-
ton?
a. Is. Notwithstanding the
statements made by Governor
Hall and some members of the
Legislature, I am now con-
vinced that the Act referred to
is unWise legislation. I think
It q very Just Act, as stated
above, and I am surprised that.
some members of the LegisIa-
ture have attempted to hide
behind the idea that they were
not ACQUAINTED with the char
acter Of the Governor, If quot
ed correctly, signed it without
investigation. ect., When the
Act Is such legislation as that
would appeal to any honest
hlgh-minded man, and il IS
only declared to be unjust and
unfair IN the distorted vision ST
the newspaper that had degot-
ed SO much time and energy to
this investigation. Not being
lawyer, I am not able to sDeek
authoritatively, but [ have IN
derstood that under both the
Federal and State Constitution
no law impairing the obliga-
ton of a contract can be pass |
ed by theLegislature. I have
understood from good athority
when the State of Louisiana
offered to sell its lands at 4
certain price and a citizen ap-
piled to purchase at that price
and deposited his money. that
concluded the contract be-
tween the State and the pur-
chaser, and that there was
nothing left except a mini
ster1al duty to be performed by
the Register in issuing the cer-
tificate and the Governor in
signing the patents, and that
such ministerial duty could be
enforced by a mandamus in
the courts if they should refuse
to perform the duty. Now il
such proposition by the State
through its Acts of the Legis-
lature to sell its lands at aeer
tain price and the accetance BY
9 citizen and the payment Of
the price constituted a contract
then | can not understand how
q Legislative Act which can
eelled that contract could be
Furthermore, even If it
should be valid, I am told by