Pair of Letters Related to The State of Texas's Attempt to Take Back Land Granted to Railroad Companies Under the Railway Act of 1854

Austin, Texas: 1890. Typed, retained copy of a 6pp letter sent by Texas Attorney General J.S. Hogg in 1890 to Texas General Land Office Commissioner R.M. Hall, together with Hall's original 8pp typed reply. Hogg writes to express his department's "deep regrets" over an earlier letter in which Hall claimed to be unable to furnish copies of land patents issued to Texas Railway companies, in accordance with the Texas Railway Act of 1854, which granted land to these companies proportional to the amount of track they constructed. The patents in question were for land issued as a reward for the construction of railway sidings, i.e. branches of track connecting to towns off of the main line. The Texas Government in the late 1880s decided to sue for all of these lands, claiming that the 1854 railway act was supposed to grant land for construction of the main line only, and not for sidings, resulting in a case (Houston Texas Central Railway Company vs. the State of Texas) decided in the Texas Supreme Court in 1902. In his letter, Attorney General Hogg expresses great frustration with Hall for impeding his ability to pursue the case, as he does not know against whom to pursue action without the certificates showing who had received the land. Also included is Hall's frustrated and snarky reply, claiming that his department never had access to the patents, questioning why Hogg has not followed up with the department that did indeed have them, and offering his own criticisms of the State's intention to take back the land, while simultaneously defending himself against accusations of intentionally holding up the case: "It is a matter of distress to me that my letter of Dec. 24 should have been a subject of regret to your 'Department.' The General Land Office not being a sentient creature, has experienced no emotions from the receipt of your said letter...you will not hereafter insinuate that I have been disinclined to furnish you any information requested, except as expressed in my letters to you, which were read by the public, to impede or discourage your efforts to cloud the title of twenty millions acres of land, held mainly, as heretofore stated, by citizens of our own State...I would advise you to call upon C.C. Gibbs...If you cannot do this...I must confess that to me the case appears hopeless, and that several millions acres of land have been so successfully smuggled that none but the Tax Assessor will ever find them." Letters folded, in very good condition with some toning. Item #8106

Price: $150.00

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