The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1919-02-06
PUBLIC OPINION.


htiih'i lpWti ubu1fs
Austin, Texas
My Dear Friend: Your favor C
hand enclosing me the bill now pend
ing before the Legislature, and re-
questing my views Of the same.
The bill is H. b. No Entitled
an act to recover to the free school
fund.- the excess in surveys made for
Individuals, railroad companies, md
the state or the school fund by virtue
Of certificates issued for the con
struction of railroads, and other
works of internal improvements, etc "
You state that you are anxious
that examine TINS oil thoroughly
and give you my views on the same.
This | have done and after care
ful reading Of the same discover il is
leveled at three classes Of lands, viz
4 TAI Those located by virtue Of alter
mate certificates Commonly called
school lands and their alternate pat
ented sections. located by the same
certificate
OBJ Non-alternate certificates.
snown as straight certificates, where
be school fund had no interest in
the lands located thereby
tci To all the vacant and unap-
propriated public lands in fifty
three counties including Nolan coun-
/ ~ and the counties west and nortn
Of Nolan. without any reference to
the size or quantity Of land in such
vacant strip Preserving the three
million and fifty thousand acres TO
build the state capitol and also to
vacant and unappropriated tracts in
the Pacific Reservation. and to such
tracts in the organized counties Of the
state on July l4th. 1879, which tracts
contained Gao acres or less.
The scope Of this bill is so broad,
far reaching, and goes back and COW
crs so many years. that ! will not at
tempt to go into detail and discuss it
through all this time, yet will first
say that the lands embraced in class
es (b) and (cl as no power to pass
any bill looking to any future survey
q these lands. and such law would
be invalid and Of no force Second.
he lands includcde in class ta) above
wree located BY virtue Of alternate
certificates, and the same are com
monty known as school sections and
their adjacent patented sections. and
were principally located and survey
ed out forty and fifty years ago,
these sections very frequently con
tain small eycess in acreage above
the contemplated $40 acres. and for
years nothing was thought Of il. es-
pecially in the east and central part
of the State. as there was very little
Of this land there yet when the last
spike was driven in the T q p rail-
road that tied the Atlantic and the
Pacific together through the south
school lands in the west on the mar
the Legislature al once threw these
set 20 actual settlers. and the tide Of
emigration started westward. these
lands soon purchased, and the set
tiers, IN erecting their homes. build
ing near their line fences and max
'ng other IMPROVEMENTS soon discov-
cred that many Of the sections con-
tanned small excess IN acreage
which threw the section lines out Of
Legislature in is wisdom. 10 forever
harmony and caused trouble. and the
settle the question, passed the act Of
1887 known as chapter li5 found on
pages i07 and los Of said act then
in 1889 passed the supplemental act
to further carry out its intention.
which last act is known ms chapter
30 page lO3 Of said act. and then for
years and years thereafter the then
Commissioners Of the General Land
Office worked under and tried to
AIRY out the intention Of the Lcgis-
lature as expressed in said acts. but
bye and bye a new Commissioner Of
the General Land Office reversed the /
action and rulings Of the former com
and decided he would |
squeeze the excess out Of these school |
and patented sections and open up
vacancies. on or between the block /
ines Of such lands and sell the vacant
ands to other purchasers under
different law The cast Of 1887 az
1899 when carried out is all that the
people need and all that can be car
led out when the courts are resorted
o II required by this bill you sent
ne, hence my advice is to defeat this
dangerous litigation.
obediently yours.
b. Frank Buie. Canyon. Texas.
w a. Coak raal aatafa Ia.lar -