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Harry Yandell Benedict.

A source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical online

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tution and laws of the State.

They habitually devise plans for general education, irrespective
of the school in which it is to be taught; whereas the object of the
State in regard to each school is specific. For instance, the public
free schools are instituted and regulated by the Constitution and
law to teach the mass of people such branches only as are necessary
for intelligent citizenship in a republican government. Normal
schools are instituted to train and perfect the education of pupils
sufficiently to enable them to be competent teachers in the public
free schools. Summer normal institutes are designed to train and
improve teachers who are already engaged in the business of
teaching.

The Institutes for the deaf and dumb, and for the Blind, are
designed to teach pupils such things as will best enable them to
supply the want of the lacking facilities, as far as practicable.

The Agricultural and Mechanical College is designed to teach
learning in agriculture and the mechanical arts, and the natural
sciences connected therewith.

The University is designed to teach the higher grades of learning
and science, and to qualify persons for the learned professions.

A proper appreciation of these specific objects will serve as a
guide in the estimate of what should be taught, and of the extent
of the means to be used in their support, respectively.

I respectfully refer you to the reports of the Board of Education,
of the Board of Regents of the University, and other reports of those
institutions, with a request for a due consideration of the facts
presented and recommendations therein contained

ADDRESS OF LIEUTENANT GOVERNOR L. J. STOREY

January 9, 1883; S. J. p. 3



Also, the repeal of all laws upon the statute books authorizing the
sale of the school, University and asylum lands of the State, and
that provision be made to lease out these lands so as to secure the
greatest possible good to the fund to which they severally belong.
Whatever doubt there may be in the minds of some as to your
authority under the present Constitution to provide for the leasing
of the public school and University lands, instead of their sale as
now provided by law, there can be no such doubt as to your author-
ity under the Constitution to take every acre of the asylum lands
from the market.



A Source Book of flu University of Texas 301

If this is done, and an amendment to the Constitution is sub-
mitted to a vote of the people authorizing the levy and collection of
a special school tax separate from the general revenues, our free
school system may be perfected, and at the same time the burthens
of taxation for revenue purposes be reduced to the actual necessities
of the State Government.

With such a change in our Constitution and laws, and with the
University of Texas — the chief cap-stone of the only free school sys-
tem worth preserving — properly endowed, as it should be done by
this Legislature, our school system will be an honor to the State and
the pride of her people, and in the near future become the most
efficient of any to be found in the Union.

PROCEEDINGS IX THE LEGISLATURE

H. B. 6 — By Mr. Frymier.

To withdraw the public lands from sale.
Became a law. H. J. p. 493; S. J. p. 333.

H. B. 10. — By Mr. Robertson of Williamson.

To create and organize the Education Land Department, and to
provide for the classification, sale and lease of the University, public
free school and asylum lands, for the protection and sale of the
timber thereon, for the reservation and protection of the minerals
thereon.

Committee disagreed. Committee of Whole substituted. S. B.
269; H. J. p. 493.

H. B. 18. — By Mr. Foster of Limestone.
To withdraw the public lands from sale.
Substituted and passed. H. J. p. 494: S. J. p. 333.

H. B. 3 3. — By Mr. Wurzbach.

To create a bureau of public free schools, asylum and University
lands.

Committee disagreed. H. J. p. 494.

H. B. 157. — By Mr. McDaniel.

To withdraw from sale school and other public lands.
Favorably reported. H. J. p. 49 5.

H. B. 228. — By Mr. McKinney.

To authorize the sale or lease of land belonging to the University.
Unfavorably reported. H. J. p. 496.



302 University of Texas Bulletin

H. B. 272. — By Mr. McKinney.

To repay to the University fund bonds amounting to $134,472.26
executed by the State, January 1, 1867, approved November 12,
1866.

Committee amended to $256,272.57.

Became a law. H. J. p. 496.

H. B. 383. — By Mr. White.

To amend Articles 137 and 140, and Chapter 75, Penal Code.
Unfavorably reported. H. J. p. 497.

H. B. 394 — By Mr. Upton.
General Appropriation bill.
Became a law. H. J. p. 497; S. J. p. 319.

H. B. 453 — By Mr. Moursund.

To regulate the enclosure or occupation of public school^ Uni-
versity, asylum, or other public lands.

Favorably reported. Ordered printed. H. J. p. 49 8.

H. B. 492 — By Mr. Barry.

To regulate the sale and lease of the unappropriated common
school, asylum and University lands.

Committee disagreed. H. J. p. 497.

H. B. 536 — By Mr. Cramer.

To repeal all laws authorizing the sale of school, University and
asylum lands.

Died on calendar. H. J. p.' 498.

H. B. 537 — By Mr. Kendall.

To withdraw the common school, University, and asylum lands
from sale.

Died on calendar. H. J. p. 498.

S. B. 14 — By Mr. Davis.

To provide for the payment of certain debts, (including debts to
University.)

Substitute adopted. S. J. p. 320; H. J. p. 512.

S. B. 22— By Mr. Pfeuffer.

To suspend the sale of all public lands.

Substitute passed Senate. S. J. p. 320; H. J. p. 512.

S. B. 73 — By Mr. Farrar.

To extend the time of redeeming lands sold to the State for taxes.
Substituted. S. J. p. 321.



A Source Book of the University of Texas 303

S. B. 189— By Mr. Terrell.

To pay to the University fund bonds amounting to $134,472.26,
etc.

S. J. p. 322. See H. B. 272.

S. B. 198 — By Mr. Terrell.

To provide for the permanent endowment of the University and
its branches, in land, or its proceeds.

Committee substitute which became a law gave one million acres
to the University plus one million acres to the public schools.

Became a law. S. J. p. 323; H. J. p. 512; Lane pp. 266-267.
S. B. 269 — By Committee on Public Lands.

To provide for selling and leasing the free school lands, including
University.

Became a law. S. J. p. 324; H. J. p. 512.

S. B. 310 — By Mr. Houston.

To provide for the disposition of the minerals in the public school,
University, etc., lands.

Became a law. S. J. p. 325; H. J. p. 512.

S. B. 336 — By Mr. Martin.

To repeal laws authorizing sale of University and asylum lands.
Favorably reported. S. J. p. 325.

H. S. R. — By Mr. Brown.

To request the Committee on Educational Affairs to investigate
the debts due to the University and common school funds.

H. J. p. 30.

H. S. R. — By Mr. Brown.

Not to invest the permanent University and common school
funds in State or U. S. bonds.

H. J. p. 147.

GENERAL. LAWS

H. B. 6; Ch. 6, p. 3; G. 9, p. 309

An act to withdraw from sale all the School, University and Asylum
Lands, heretofore by any law of this State authorized to be sold.
Section 1. Be it enacted by the Legislature of the State of Titus,
That all the school, university and asylum lands heretofore author-
ized by any law of this State to be sold, are hereby withdrawn from
sale from the passage of this act until after the expiration of ninety
days from the adjournment of the Legislature.



:;n| University of Texas Bulletin

Sec. 2. All laws and parts of laws in conflict with this act
are hereby suspended until ninety days after the adjournment of
this Legislature.

Approved February 3, 1883.

H. 15. 272; Oh. 27, p. 15; G. 9, p. 321

An act to provide for the payment of certain debts of the State,
out of that half of the proceeds of the sale of the Public Lands,
not belonging to the Common School Fund.

Sec. 2. The bonds for the sum of one hundred and thirty-four
thousand four hundred and seventy-two dollars and twenty-six
cents, dated the first day of January, 1867, due twelve years after
date and bearing interest at the rate of five per cent per annum
from date, executed by the State to the University fund, under the
Act of November 12th, 1866, and also the certificate of indebtedness
for the amount of ten thousand three hundred dollars and forty -one
cents, issued by W. L. Robards, Comptroller of Public Accounts on
the eighth day of June, 1865, are declared to be valid debts due
from the State to the University of Texas, and the sum of two hun-
dred and fifty-six thousand two hundred and seventy-two dollars
and fifty-seven cents ($25 6,272.57) of that half of the proceeds of
the sale of public lands not belonging to the common school fund,
shall be transferred to the University fund in payment of said certi-
ficate and bonds and the accrued interest on said bonds to the first
day of August 1883, forty-five thousand one hundred and four dol-
lars and twenty-two cents of which belongs to the available Uni-
versity fund, after which said certificate and bonds shall be fully
discharged.

Approved February 23, 1883.

[Compare with Ch. 116.]

S. B. 189; Ch. 72. p. 71; G. 9, p. 377

An act to provide for the permanent endowment in land or its
proceeds, of the University of Texas and its branches, including
the branch for the instruction of colored youths; and, also, to
provide for an equal endowment for the benefit of the perman-
ent common free schools of this State.

Section 1. Be it enacted by the Legislature of the State of Texas,
That after the payment of the amounts due from the' State to the
common free school fund, out of the proceeds of the sales here-
tofore made, or hereafter to be made, of that portion of the public
lands set aside for the payment of the public debt, by an act ap-
proved July 14th, 1879, and an act amendatory thereof, approved



.1 Source Book of the University of Texas

March 11th, 1881, and the payment directed to be made to the com-
mon school and university funds by an act approved Februarj
1883, the remainder of said land, not to exceed two million of acres,
contained in the counties and territory specially mentioned in said
acts, or the proceeds thereof, set aside by said acts for the payment
of the public debt, heretofore or hereafter to be received by the
State, shall one half thereof constitute a permanent endowment
fund for the University of Texas and its branches, including the
branch for the instruction of colored youths, and one half thereof
shall constitute a permanent endowment fund for the common
free schools of this State.
Approved April 10, 1883.

i
S. B. 269; Ch. 88, pp. 85-89, G. 9, pp. 391-395

An act to provide for the classification, sale and lease of the lands
heretofore or hereafter surveyed and set apart for the benefit
of the Common School, University, the Lunatic, Blind, Peaf and*
Dumb and Orphan Asylum funds.

Section 1. Be it enacted by the Legislature of the State of Texas:
That all lands heretofore or hereafter surveyed and set
apart for the benefit of the Common School, University, the Luna-
tic, Blind, Deaf and Dumb and Orphan asylum funds may be sold
and leased as hereinafter provided.

Sec. 2. There shall be and is hereby created a State Land
Board which shall be composed of the Governor, Attorney General,
Comptroller, Treasurer and Commissioner of the General Land
Office, who shall exercise the powers and perform the duties here-
inafter prescribed.

Sir. 3. The said State Land Board shall, under such regulations
as they may prescribe, cause the said land to be classified into
agricultural, pasture and timber lands and ascertain which tracts
have permanent water on them, or bordering on them and cause
a tabulated statement of the land in each county to be made, show-
ing the number of the survey, block, quantity in each survey, name
of company or individual to whom the certificate was granted, the
value of the improvements and the owner and such other descrip-
tions and information as may be deemed necessary, and a
manent record thereof shall be made and preserved in the General
Land Office, and a copy of such record relating to a county shall
be forwarded to the surveyor of such county or land district in
which the land is situated; but nothing herein shall be construed
to require any further classification of such of said lands as have
already been classified, unless the State Land Hoard shall b

20 — 227



306 University of Texas Bulletin

that the same is necessary to ascertain the true valu-e or class of
such land.

Sec. 4. Said land shall, In no case be sold for less than two
dollars per a°re for surveys of land without water on them or
bordering on them, nor for less than three dollars per acre for
land with permanent water on them or bordering on them, nor less
than five dollars per acre for land having timber thereon suitable
for lumber, nor for less than two dollars per acre for land having
timber thereon not suitable for lumber and classed as timbered
lands.

Sec. 5. Any actual settler upon any land included in this act
who is now and was an actual settler in good faith on the first
day of January A. D. 1883, shall have the right, for a period of
■ix months from the time the land shall be placed upon the market
for sale, to purchase not less than one hundred and sixty acres nor
more than six hundred and forty acres of the land so settled upon,
at the minimum price fixed by this act, and on the terms and rate
of interest fixed by this act; provided, however, that any actual
settler in good faith upon any lands in any county which have
been appraised by the proper surveyor, and such appraisement has
been approved by the commissioners' court of the proper county,
in accordance with the provision of sections two and three of the
act approved April 6, A. D. 1881, concerning the sale of alternate
sections of school lands in organized and unorganized counties of
this State, and such appraisement has been filed in the General
Land Office, but which lands have or have not been placed upon
the market under such appraisement, shall be permitted to pur-
chase not less than one hundred and sixty acres (unless there is
a fraction of less than one hundred and sixty acres now existing)
nor more than six hundred and forty acres of land upon which
they have settled (to include their improvements), at the price
per acre fixed by such appraisement; but shall be required to
pay the rate of eight per cent interest, as fixed by said act of April
6, A. D. 1881, and shall be permitted to pay all or any part of
the purchase money thereof at any time. Such purchaser shall,
In all other respects, conform to the provisions of this act; pro-
vided, however, that any such person desiring to purchase any of
said lands so appraised, shall within six months from the time
this act takes effect, file in the General Land Office his application
to purchase said land describing it, and on payment of one thirtieth
of the purchase money and one year's interest, and forwarding
his affidavit stating that he is and was, on the first day of Jan-
uary A. D. 1883, an actual settler in good faith upon said land,
and that he settled on it with a view to purchase it, together with



A Source Book of fin University of Texas 30*3

the affidavit of at least two credible citizens of his county showing
that such applicant is and was a settler in good faith upon said
land; provided, however, that such land having timber thereon
suitable for lumber or shingles, and chiefly valuable on that
account, shall be sold for cash only, and may be purchased in
quantities of not less than eighty acres nor more than three hun-
dred and twenty acres; and provided further that other timbered
lands may be purchased at two dollars per acre; and provided fur-
ther, that no preference in the right of purchase given by this or
any other section of this bill shall extend to or include any min-
erals, but the same shall remain the property of the respective
funds to which said lands belong.

Sec. 6. The lands when placed upon the market, shall be sold
in the county or land district in which it is situated, by such au-
thority and under such system of competition as may be prescribed
by said Land Board; provided, that no person, either in person or
by agent, shall purchase from the State more than one section of
land classed as agricultural land, or as watered land, and seven
sections of unwatered pasture land; provided, the board may, in
their discretion, require the purchaser of any particular section
of watered pasture land to take with the same such a number of
dry sections as they may designate, not to exceed seven sections:
and every attempt to evade the limitation of this act as to the
amount or class of land one may purchase, by any device whatever,
shall be deemed fradulent, and the fraud may be shown and the
purchase canceled by the State within one year from the date of
sale; provided, that the agricultural lands shall be sold only to
actual settlers: and provided further, that no person shall be per-
mitted to purchase more than three sections of six hundred and
forty acres within five miles of the geographical centre of any
county. No corporation shall be permitted to acquire title to
more than one section of land in any one county.

Sec. 7. Until otherwise prescribed by the board, the land shall
be placed upon the market in the following manner: when the
tabulated statement shall have been forwarded to the surveyor of
the county or land district and the board shall have designated
some one to represent the State in the disposition of the land in
such county or land district and notice of such facts shall under
directions of the board, have been published in not more than three
newspapers of the State, and shall have been published under the
direction of the person authorized to sell, for thirty days in the
section where the land is situated, the lands of Buch county or
land district shall be considered upon the market for sale, and
the person designated to represent the State shall receive bids for
the same.



308 / niversity <>f Texas Bulletin

Sec. 8. The person desiring to purchase any of said lands shall
file his application with the person authorized to sell, designating
the particular section, or tract less than a section, which he desires
to purchase and accompany it with a sufficient sum of money to
pay for advertising the bid in such manner as may be prescribed
by the board, and on the first Tuesday of the month designated
in the advertisement, and after at least twenty days notice, the
person having authority shall sell the same to the highest and best
bidder at the court house of the county in which it is situated
if in an organized county or if an unorganized county at the court
house door of the county to which it is attached for surveying pur-
poses. The application shall be considered the first bid unless
raised before offered at public outcry, and any one desiring to
raise the bid may do so by notifying the seller in writing at any
time before ft is put up at public outcry or orally at the public
auction. No bid shall be received at a less sum than the minimum
price fixed by law, nor shall any fraction of less than one hundred
and sixty acres be left by such sale, nor shall any fraction of less
than three hundred and twenty acres be divided; nor shall such
section be divided into other than half a quarter section. Should
the person advancing the sum of money for advertising the bid as
above provided, not become the purchaser of the land bid for, said
money shall be returned to him and collected from the purchaser;
provided that no sale of agricultural land shall be perfected until
the proposed purchaser files an affidavit that he intends that the
land shall be actually settled within six months: and in case of
failure to settle the same within that time, the proposed purchaser
shall forfeit the money already paid on the land.

Sec 9. The purchaser shall at once pay to the person selling
for the State, or to the State Treasurer, as the board may deter-
mine, and within such time as it may fix one-thirtieth of the
amount bid, and execute his obligation for the remainder of the
purchase money, payable to the State of Texas, and binding the
purchaser to pay one-thirtieth of the whole price on the first day
of each succeeding year until the whole is 1 paid, and interest at
the rate of five per cent per annum on the whole unpaid purchase
money from date, payable annually on or before the first of March
of each year; and, provided, that after the expiration of seven
years, the purchaser shall have the option to pay the unpaid princi-
pal, and providing that a failure to pay the annual installments
of principal shall not work a forfeiture until the whole sum is
due; provided, that upon proof of actual occupancy, use and im-
provements for three consecutive years, the purchaser shall be per-
mitted to pay all of the purchase money remaining unpaid: pro-
vided further, that any person acting as agent or attorney for



A Source Book of the University of Texas 309

t

another in the purchase of any of said lands shall file with the per-
son authorized to sell a legally executed power of attorney from
his principal, or other instrument of writing from a court of com-
petent authority to invest him with powers to consumate a con-
tract.

Sec. 10. If upon the first day of March of any year the interest
due remains unpaid the custodian of the obligation of the pur-
chaser shall endorse on it "lands forfeited," and the account kept
with the purchaser shall show such failure to pay and such for-
feiture; the failure to pay the interest shall ipso facto work a
forfeiture and the entry on the account shall be evidence of the
fact, and there shall be no necessity for judicial ascertainment of
the facts of the forfeiture: and no defaulting purchaser or those
claiming under him, shall evade or avoid the effect of such for-
feiture at once by reason of any statute or law, which for cover-
ture infancy or the like would otherwise give them additional time
for payments or action, except as follows: Should any purchaser
die, the representative or heirs of the deceased shall have one
year within which to pay the interest due on the first of March
next after such death.

Sec. 11. The person authorized to make sales shall receive such
obligations for the State and account for the money and notes re-
ceived by him at such times and in such manner as may be pre-
•cribed by the board.

Sec. 12. That in case any purchaser desired to sell the land
purchased by him he may do so after his first payment and in case
of such sale, his vendee shall file in the office of the custodian of
the original obligation or his vendor, a properly authenticated
transfer signed by said vendor and vendee, duly acknowledged and
recorded, in the proper county, and said vendee shall thereby
assume the obligation and be liable to the penalties imposed upon
the original purchaser, and said original purchaser shall thereby
be relieved from any further liability upon his obligations.

Sec. 13. Upon payment of all the purchase money and interest
upon notes given for the land under this act the Commissioner of
the General Land Office shall issue a patent to the purchaser, or
his assigns, or heirs, upon payment of the fees prescribed by law;
provided, that no patent so issued shall include more than six
hundred and forty acres, nor shall it contain portions of any other
sections, provided, further, that no patent shall issue to agricul-
tural lands until proof of actual settlement shall be made in such
manner as may be prescribed by the board.

Sec. 14. The minerals on all lands sold or leased under this
act are reserved by the State for the use of the fund to which the
land now belongs.



310 University of Texas Bulletin

Sm. i:,. The said Land Board shall cause the timber on the
school land suitable for lumber or shingles to be sold at not less
than five dollars per acre, cash, nor less than six hundred and forty
acres shall be included in one sale. The purchaser shall be re-
quired to remove the timber sold within a specified time, not ex-
ceeding four years. The board shall appoint such agents and make
such regulations relating to the sale of said timber as may be
necessary, in their judgment, to effect the object herein sought.
Land which has on it timber suitable for lumber and shingles
shall not be sold except to actual settlers and at a price not less



Online LibraryHarry Yandell BenedictA source book relating to the history of the University of Texas: legislative, legal, bibliographical, and statistical → online text (page 34 of 89)