REPORT OF THE f STATE LAND BOARD OF THE STATE OF TEXAS. AUSTIN, DECEMBER 31, 1886 AUSTIN: TRIPLETT & HUTCHINGS, STATE PRINT!RS 18S6. v ;■ vr;^ >„,v, .o, ■ . ' ' ' . , 1 : \ ' . . • mgK rfr • . v. : - < , . , ' ' • -d^_^_ 1 _i__i_r__ :. v'v.'- s f ■ >-.V i ■ i .-\< 4 t 'r . ■:.{ r.-i ■ r '■ r 'l rt.I • ' V •• r - *a*vV ' ; ■ v ... . I. , '' • ' /v;- r V’ ■' , ' , , - V. -t ~v}jf ? .'-v, ■ ' ' ,‘ ; j - •.•••yT'vf* • i* v . ‘ * . "'V.'i-; >V ;i • > 1 V; \ i t * .*■■•'• , • ^ L .. ■ ■ ’ & $ a— ■ 'k l W A. • ..fjPVA 1 ■k- '■-4 • ■ ■ -k V >\ ■ * • \ . *?•-, % ‘ . ’■ : v* 5 ', /■*• "kj ; v k): , ' ■ J / I'f V” ; v *» X .. .**• ♦/«. •'3 ■ ' •' f, • • Xf a ■\ i A _ Vs / - r "■ V - : S',-' , ' ...s; ; J :.} ■ , ; v/ ; !• v * ;k; ■’} *>' ■ • . •' ..*»'• . ■ , ; ' i ' L 161 —H 41 ■v; • \ . S’ . . s • 1 V . v ""■ . - “ P./ <^iavSaaaag8B ' k' ■■ /' ' " • • ' / : v.v- -v:';>/■.'‘"V‘. sr ■ ' c ■ /' ' : • :• m : .; ^ Vr ' ' 1 A- S.V ■ 1 1 I - - f - • • ' ' ■ ■. ■ ■• . • 1 1-\ , - ' . - - ' VV'k. ' ■ ■ ' - • ’ - . , ' ' ■ - - . ' i ' ; k . ' - • - ■ REPORT OF THE STATE LAND BOARD OF THE STATE OF TEXAS. AUSTIN, DECEMBER 31, 1886. AUSTIN: TRIPLETT A HUTCHINGS, STATE PRINTERS 1886. 'b'bto* \ Digitized by the Internet Archive in 2019 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/reportofstatelanOOtexa REPORT OF STATE LAND BOARD. Office of State Land Board, ) Austin, Texas, December 31, 1886. \ Honorable Senate and House of Representatives: Gentlemen —Herewith I transmit statements of the transac¬ tions of the State Land Board since the organization of the same, June 13, 1883, up to December 31. 1886, relating to the Common School, University and Asylum lands, to-wit: SALES—AGRICULTURE AND PASTURE LANDS. Common School, acres. 3,000,000 Blind Asylum.%. 28,000 Deaf and Dumb Asylum.. 68,000 Orphan Asylum . 60,000 Lunatic Asylum. 21,000 University. 21,000 Total. 3,198,000 Of these sales, about $1,250,000 acres were sold at January, 1884, session, under competition, before sales were restricted to settlers, and realized^an average price of $2.13 ; 8 per acre. The balance of this quantity, 1,948,000:acres, was sold under rules restricting sales to settlers, without competition, at $2 per acre. SALES—TIMBER LAND (TYLER COUNTY). One thousand two hundred and eighty acres, at $5 per acre, cash down (in three tracts). SALES—TIMBER (TYLER COUNTY). One thousand nine hundred and twenty acres, at $5 per acre, cash down (sold under provisions of section 15, present Act, tim¬ ber to be removed within four years). 4 Report of State Land Board. List of Lands forfeited for failure to pay Interest , for 1885, in Acres and by Counties. Counties. Acres. Counties. Acres. A ndrews. 1 280 Kent. 640 Anp-ftli na_._ rtt . ICO Jasper.'.. 320 Archer ... 8 040 Kerr. 1,440 Brown.... 2 720 Kinney . 1,920 Ray lor. 7 520 Lampasas... 480 Riirnot.. 501 Llano... 160 Tin n dura... 1 G32 La Salle. 1,920 Bowie. *341 Mitchell. 15,360 Borden. 640 Medina. 640 Bee. ( ... 320 Menard. 960 Blanco... 640 Mason. 1,464 Bexar. 1 028 Matagorda.... 640 Concho... 4007 Montgomery. 320 Collingsworth. 640 Montague. 160 Caldwell. 320 Midland. 12,800 Crockett. 5,760 Mai tin... 19,040 Callahan... 4,468 Nueces. 1,280 Comanche... 3,895 Nolan... 2,240 Coleman... 1 760 Pecos... 8,960 Carson. 2,880 Parker. 320 Crosbe. 3 200 Palo Pinto... 2,562 Donlev.... 640 Presidio. 21‘521 Denton. 37 Reeves. 7’2U0 160 Roberts. 640 .T. -r, El Paso*... 3 371 Red River. 375 Encinal. 960 Rmmells. 1,280 Edwards. 536 stonewall. 640 Eastland. 5,600 Stephens. 11,057 Erath... 3 040 Shackelford. 3,949 Fisher. 11,352 San Saba. 5,280 Garza... 640 Scurry . 2,560 Gray. 48,50S Starr. 1,440 Gaines........ 640 Taylor. 3,425 Gill 1 spie and Kimble. 1.600 Throckmorton. 1,280 Hamilton. 583 Travis. 640 liar ieman. 37,440 Tom Green. 74,295 Haskell. 1.120 Uvalde. 160 Howard. 18,560 Wilbarger. 17,760 Harris. 640 Wichita. 4,051 Hall. 640 Wi e . 320 Jack. 3,141 Wi Ison. 320 Jones. 22,570 Yon ns - . 2 452 Kimble... 9 580 Zapata,.: ... 1/280 Kendall and Kerr. 800 Knox. .. 5,028 Total. 465,181 Note.— Forfeitures for year 1884 were few, and the Board allowed lands to go back on the market. For year 1885, regard¬ ing forfeitures as shown by preceding list, the Board adopted the following order, to-wit: RESOLUTION NO. 22. Office of State Land Board, ) Austin, Texas, August 3, 1886. j Resolved , That all Common School, University and Asylum lands, sold under the provisions of the Act approved April 12, 1883, which may become forfeited for failure to pay the interest due by the first day of August, and which lands are actually occupied as homesteads, by the purchasers or their vendees, are hereby declared to be segregated from the mass of Educational lands, and the same shall not be subject to re-entry or purchase, except to the actual occupant, while so occupied as homesteads, Report of State Land Board. 5 until the Legislature or the courts of the country shall otherwise order. Resolved , further , That as the improvements on all forfeited lands become the property of the fund to which the land belongs, the actual occupant of such land is hereby charged with the duty of preserving such property from destruction or removal. Under this order the Board accept new files from all settlers who can make proof of settlement, and this is being done in a great many cases. LEASE DEPARTMENT. The following embraces the principal transactions in this de¬ partment since the Act of 1883 went into effect, the first leases being made at the January, A. D. 1884, sitting of the Board: Net receipts from leases. $521,345 62 Balances due by lessees. 117,934 80 The above figures are to December 31, 1886, and a considerable amount of the balance due being for October, November and December payments, much of it will be received during Janu¬ ary. Lessees will also be entitled to credit for a large number of sections sold out of their leases, and this will further greatly reduce the amount put down as due and unpaid. Credit is not given for sections sold at the time the sales are made, for the reason that the Board holds that the lessee remains in possession and responsible for the rent until the purchaser settles in com¬ pliance with the terms of his purchase In a large number of cases this proof of settlement has not yet been furnished, and credit has consequently not been given. It may also be proper to state that of the above balance the sum of $22,260 is due on leases of public domain in Greer county. The accounts for amounts overdue are made out after thirty to sixty days, and placed in the hands of the Attorney General for collection. A large number of suits have been brought and many collections made through his department. I am also ad¬ vised that many large amounts, lately falling due, are in process of collection, and will probably be received before the meeting of the Legislature. Total number of acres leased. . 4,341,449 Erroneously leased, having already been sold under Act of 1881, acres. 65,920 Sold out of leases under Act of 1883, acres- 245,760 Acres cancelled, lessees insolvent.. 24,320 Leases expired, acres. 9,600 Leased twice, one cancelled, acres.. 3,200 Cancelled on account of conflict, acres.... 212— 349,012 Number acres leased still in force. 3,992,43'i 6 Report of State Land Board. Kinds and Prices of Lands Leased. Kind of Land. 1 No. of acres. Price. Snhnnl' land. .. 708,403 4,438 04 do 04X do 19^840 044 04| do 43,200 21,760 do oil QO 19^200 7,680 4,480 1,954,483 640 05? do 051 do do . 054 do do . 06 do 06J 08 do 937,593 640 do 08 X do 10,080 08| do 640 08? do 640 12 do do 102,018 1,280 640 20 201 do 20* 50 dn do. . 41 Pi l hi in domain...... 389,835 40,253 06 do do ... 08 do do . • 665 08? do do . 640 08J TTniversitv. . . 40,320 29,440 04 do 06 do 1,600 08 do 160 20 Blind Asvlnm. ... . .. 80 08 do do . 120 20 T)paf and Dumb Asvlnm. ... 640 08 Total ae.rps fror>rpsontiri.o* A 9 3 loasc nnonnntfi'l. 4,341,449 The following order, relating to the sale of sections improved by lessees, was adopted by the Board January 12, 1886, to-wit: “ Resolved , That hereafter no application to purchase leased lands upon which the lessee has placed permanent improve¬ ments, such as buildings, water tanks or wells, will be enter¬ tained or accepted by the Board. But the number of sections of land which any lessee may improve under this rule and hold free from sale pending his lease, shall not exceed one section to each ten sections leased by him.” MINERALS (ACT 1883, P. 100). Seventy-eight mineral claims have been filed under the provis¬ ions of the Act approved April 14, 1883, covering gold, silver, lead, copper, coal and kaolin. But few of these claims are reported as being at all remunerative, and only $12.25 have been paid into the treasury on account of the 5 per cent gross proceeds coming to the State out of these mines. EXPENSES. Salaries and expenses of grass, timber and mineral agents. $10,431 02 Six of these agents were appointed and kept in the field ten months, at salaries of $150 per month, with expenses the first Report of State Land Board. 7 five months paid. The timber agent effected settlements with parties for timber unlawfully cut from school lands amounting to $1058.53, of which sum $335.90 have been paid into the treas¬ ury. The balance is unpaid and the accounts in hands of Attor¬ ney General for collection. Salaries of surveyors to classify school lands, paid to date. $7,446 57 The Board have appointed five of these surveyors, at salaries of $200 per month. This is costing the funds about one cent per acre to mark on the ground two corners of each survey, and to obtain returns fully classifying each quarter of each survey. Paid Hon. J. N. Browning, attorney fee. $1,000 00 Paid expenses of Attorney General. 110 15 (This expense covers Goodnight suits and suits at Colorado city, defending mandamus suits against the State’s agent to compel the State to make awards of seven-section applications.) Paid clerks of the Board.$17,857 00 Paid clerks of the Board (in Land Office). 11,855 00 Paid for postage... 475 00 Paid box rent, $1.50 per quarter.. 21 50 Paid for fuel.. 79 75 Paid notary fees, acknowledging lease contracts. 107 25 Paid for office furniture and fixtures. 29 55 Below is appended resolution 19 of the State Land Board, being the regulations under which the Board is now operating, and is substantially the rule under which all sales have been made since the adoption of the first resolution (February 27,1884,) restricting sales to settlers only, and limiting the quantity to not more than one section to each purchaser. The changes, by the number of resolutions adopted, having been made with the view, as far as possible, and as experience dictated, of formulating such a rule of sale as would confine the sah s to bona fide settlers and at the same time prevent abuses and speculation. RESOLUTION NUMBER 19. Resolved by the State Land Board, That hereafter Resolution No. 18, of this Board, shall be amended to read as follows: RESOLUTION NUMBER 18. Resolved by the State Land Board, That the following rules and regulations are prescribed for the sale of the unwatered agricultural and pasture lands: Any person who is twenty-one years of age and who desires to secure a homestead in the State of Texas, is authorized to 8 Report of State Land Board. enter upon and purchase any unsold and unwatered portion of the School, University or Asylum lands of the State of Texas, not to exceed 640 acres, at the minimum price fixed by law for such land ($2 per acre), subject to the following regulations: 1. The unwatered agricultural and pasture lands can only be filed upon or sold in tracts of 160, 320, 480 or 640 acres each, ex¬ cept in cases of irregular and fragmentary sections or sub divis¬ ions thereof, in which cases no remnant of less than 160 acres shall be left, but must be purchased by the applicant. The transfer of the claim or interest of the first purchaser of any of said land shall not be made until after such purchaser shall have actually settled in person upon the land, improved it and made it his home. 2. Any person desiring to secure such a homestead on any of said lands, which may be leased or unsold, shall, at the time he or she has made selection, file with the county or district sur¬ veyor, or other agent of the State for the territory in which such land is situated, a written description of such land, giving the name and number of certificate by virtue of which it was origi¬ nally surveyed, the number of survey, number of block, county, and approximate distance from county seat if organized, or from geographical center of the county if unorganized, witli specific description of the land and natural products. 3. The applicant shall at the same time make and subscribe the following oath before some officer in the county, land or judicial distri'ct. authorized to administer oaths, to-wit: I, ..., do solemnly swear that I desire the land for which I have this day made my application for a homestead for myself; that I will within ninety days be¬ come an actual settler and resident upon the said land, and will continue to reside upon and improve the same for the period 1 of three consecutive years; that during the said time I will not sell the same to any other person except to such person as will continue to reside upon and improve the same as a homestead; that I am not acquiring the same in trust for, or for the use and benefit of any other person, and I have not directly or indirectly made any agreement or contract with any person whomsoever by which the title, claim or right so acquired from the State shall inure in whole or in part, by lease or purchase, or in any other manner whatever, to the benefit of any other person, firm or corporation, it being understood that no transfer of my inter¬ est in said land is allowed until after I have actually settled upon the land and improved it as my home; that I am twenty - one years of age. It is understood and agreed that I am to pay to the State of Texas, on the first day of January of each year, one-thirtieth of the value of the said land, with five per cent inter¬ est on the unpaid principal; that any installment of principal, ex¬ cept the first, may be deferred until the expiration of thirty years, but that the whole of the purchase money shall be paid within thirty years, and that the interest due will be paid on or before the first day of August of each year; that my classification of the said land as to water and timber is true. It is further under¬ stood that any violation of any of the provisions of the law, or any violation of the rules and regulations of the State Land Report of State Land Board. 9 Board prescribing the manner of purchasing said lands, or a failure to settle upon and improve the land within ninety days from the date of award by the Board, or any failure to make any of the payments required by law or said regulations, shall work a forfeiture of all money paid on, and all claims to, the said land without judicial proceedings. It being also understood and agreed that the object of the sale to me is for the purpose of securing a bona fide settler on the land; and it is further understood that, after the expiration of said three years of actual residence, I shall have the right, under such regulations as may be prescribed by law, to pay the whole amount of principal and interest due the State for said land, and procure a patent therefor. 4. It shall be the duty of the surveyor or other agent of the State to register the description above named in a book to be kept for that purpose, and endorse thereon such registry, date, and sign the same, and return it to applicant, who shall immedi¬ ately forward the application, with the above prescribed oath and one-thirtieth of the value of the land, to the Secretary of the State Land Board, at Austin, Texas, giving to the said Secretary his postoffice address; and any failure to so file said application, with the payment, in the office of the Secretary of the State Land Board within fifteen days from date of registration, by the officer required to register the same, shall render said file null and void, and the land so filed upon shall be subject to sale to other appli¬ cants. For such registry the surveyor shall be authorized to re¬ ceive or collect from the applicant a fee of one dollar. The sur¬ veyor or other agent shall also forward to the Secretary of the State Land Board, at Austin, on Monday of each week, a state¬ ment showing the names of the applicants who have filed appli¬ cations in his office to purchase any School, University or Asy¬ lum lands during the preceding week, giving date of file and description of land. (Blanks will be furnished for this purpose by the State Land Board.) 5. As soon as such payment, with the above -named papers in proper form, has been received by said Secretary, he shall issue his receipt for such payment, and immediately forward it with application and oath to the Commissioner of the General Land Office, who will file the same as archives in his office, and forward to the applicant, at the postoffice address given by him, his certificate of such payment, and said land will be regarded as sold until such time as a forfeiture may be declared by the State Land Board, or such other tribunal as may be prescribed by law. 6. That until otherwise provided, the Board will, in case of contest or conflict between actual settlers upon the same section, decide such contest according to the equities of the case as pre¬ sented. F. R. Lubbock, Acting Chairman of State Land Board