House bill No. 83, a bill to be entitled "An act to create a more efficient road system for Rains county, Texas," etc. On motion of Mr. Rogan, House Rule No. 31, requiring that all bills reported favorably be printed and laid on the desk of each member before acted on by the House, was suspended. The bill was then read second time, and the committee report was adopted. The committee amendments were adopted, and the bill was ordered engrossed. BILLS RECOMMITTED. House bill No. 163 (reported adversely), on motion of Mr. Carswell. House bill No. 149 (adverse report), on motion of Mr. Crawford. FURTHER TIME GRANTED. For consideration of House bills The following communication was received from the Commissioner of The Speaker laid before the House, the General Land Office: on its second reading, House bill No. 107, a bill to be entitled "An act to define cold storage in local option counties, precincts, cities, towns or subdivisions, and affix penalties for keeping same." General Land Office, Austin, Texas, Jan. 30, 1897. Hon. L. T. Dashiell, Speaker of the House of Representatives. Dear Sir: Responding to House reso The bill was read second time, and lution calling on me to furnish to "the was ordered engrossed. Speaker a detailed statement of the The Speaker laid before the House, county where located, number of on its second reading, House bill No. 180, a bill to be entitled "An act to amend article 5043 of the Revised Statutes of 1895, so as to exempt Maverick county from the provisions of title CII, chapter 6, relating to the inspection of hides and animals." The bill was read second time, and the following amendments were adopt ed: By Mr. Smyth: acres held by each purchaser, price paid and by whom, and the classification to which such lands belong, and such other information in my possession to show how and to what extent the interest of the State is involved in the same, to be printed in the record for the information of the members No. 13, validating illegal sales of pubwho now have under consideration bill lie lands," I herewith transmit to your honorable body a tabulated statement, embracing the several items of information demanded by the resolution. After the word hides," in line 23, page 2, insert: "And provided further, that the provision of this article and chapter shall in no wise relate or apply to the counties of vidham, Hart-present all the claims of the class em ley and Dallam." By Mr. Dennis: Amend by inserting in line 22. after the word "Baylor," the word "Wharton." By Mr. Callan: Amend by including in article 5043, on line 31, the county of Menard. By Mr. Maxwell: BILLS WITHDRAWN. This statement is not intended to braced in it, but only such as could be found within any reasonable time. I am only enabled to give this list thus early because of the accident, that the clerk who examined the files to enable me to make my report to September 1, 1896, happened to make a list of all the lands embraced in it. Otherwise, it would have been very necessary to have consumed more time in the research than your body could reasonably allow. It is believed that this list embraces nearly all the sales of its class; if it does not, it would require the examination of all the files put up House bill No. 18, on request of Mr. since the act of 1887 became a law, Doyle. covering some 15,000 files. The contents of each one of these would have House bill No. 277, on request of Mr. to be carefully examined to determine Stamper. whether it was an illegal detached House bill No. 256, on request of Mr. sale, besides a reference to the maps Savage. for comparison. I have not, therefore, The payments, both of principal and interest, made, it will be observed, disclose about the same showing presented in my biennial report. Whatever payments have been made since Sep tember 1, 1896, can be more readily obtained from the Treasurer's books than in this office, as I would have to take out all these files and examine last interest receipts, while the Treasurer's books will show at a glance by referring to him the table hereto attached. delayed this information in order to sales void, and under the opinion of make such a protracted investigation, the Attorney-General. On all these because I believe this statement will cancellations, and many others emfurnish so nearly all the illegal sales braced in the list attached, certificates now in good standing that it will fully were issued from this office to refund meet the demand of your honorable the amounts paid after approval of body. the Governor and Attorney-General. It is believed, however, payments were not allowed by them except in cases where the accounts were in good standing as to interest account, and where they were satisfied that the purchases were made in good faith as required under chapter 104, acts of 1895. These certificates, however, were many times only issued when demanded under the general law, to be found in article 2372 of the Revised Civil Statutes of 1879, brought forward in article 2436 of the Revised The position Civil Statutes of 1895. of the purchasers, therefore, embraced count of the non-payment of annual in the list hereto attached is, that they interest, the total of which is already bought the lands under the construcincluded in my biennial report, be- tion placed on the statute by both my cause there is no data in this office by predecessors in apparent perfect good which it may be determined what for- faith, and in fact, I believe that 90 per feitures were made on account of the cent of the claims now in good standdecision of the court declaring such ing, covering the entire list attached, sales illegal, and were, therefore, en- were purchased in good faith, and a forced forfeitures, nor of those which large majority are perhaps now residwere unavoidable. All appear as being on the lands, or occupying them If these ing forfeited for the non-payment of by tenants or by vendees. sales, therefore, are interest, without any explanatory not validated, there can be no just reason either in good morals or in law why the money paid by them should not be refunded This statement does not embrace the sales which have been forfeited on ac notes. Nor does the statement embrace those sales which have been cancelled by deeds of relinquishment from the owners to the State. at once. In order to determine how much Both these latter classes of sales are this sum must be, by approximation, it will be arrived at by adding the deemed by this department to be concluded against the purchasers under amount stated at the foot of the atthe authority to forfeit by the Com-tached list to the amount paid since missioner under the general law. Should the Legislature determine to open this question in order to inquire how many sales were permitted to be forfeited by the owners because of the decision of the court effecting their title, I would be pleased to furnish that list, although this would involve the same tedious and protracted research in order to find these files, scattered as they are, though many thousand sales. As stated also in my report, there was paid on purchases in principal and interest $355.48 on the sales of 21.670 acres, which were cancelled by this office under authority of the decision of the court declaring all such September 1, 1896, which can be easily obtained from the Treasurer, supplemented by an estimate of amounts paid on the undiscovered files now in the file room of this office, say $2500. Again urging and recommending the validation of the claims by the passage of the bill now before the House, I beg most respectfully to submit this paper and exhibit as the answer to the resolution of the House of Representatives referred to. With highest consideration for your honorable body, your obedient servant, ANDREW J. BAKER, Commissioner of the General Land Office of Texas. |