Other features of the land legislation of 1889 were the lowering of the minimum of agricultural land purchasable from 160 acres to 80 acres and the repeal of the pre-emption law.1 As the privilege of pre-emption was being abused by men who were interested in speculating in land and in forming large holdings instead of in settling upon the land, the repeal of the privilege became necessary.2

The years 1889 and 1890 were years of active settlement and material development of the state, and these conditions were favorable to an increase in land sales and leases under the new legislation. At the end of 1888 only 77,437 acres of university lands were under lease, but at the end of 1890 there were 247,997 acres. School lands leased increased from 6,327,966 acres in 1888 to 7,130,434 in 1890. Receipts from land sales by the various funds increased from $187,235 in 1888 to $540,735 in 1890.

In 1891 the time allowed for the payment of interest on land purchases was extended from November 1 to April 1, and the lease line was slightly changed.3 The drouth in 1892 resulted in the date for the payment of interest being extended from April 1 to November 1. 4

In 1895, in response to a demand from the West, a general revision of the land laws occurred.5 This was the first general revision after 1889. The minimum amount of agricultural land which could be purchased was reduced from 80 acres to 40 acres and the maximum amounts were one section of agricultural and three sections of grazing lands. The minimum prices fixed were $2.00 per acre for agricultural land and $1.00 per acre for grazing lands. Though the period of credit remained forty years, the interest rate was reduced to three per cent. "Watered agricultural lands could be leased for five years and unwatered lands and grazing lands for ten years. Unlike the acts of 1887 and 1889, the law of 1895 did not stipulate the absolute lease prices, but prescribed a minimum rental of three cents an acre for agricultural and watered lands and two cents an acre for grazing lands, and provided that the lands should be leased to the highest bidder.1 The control of the university lands was vested in the board of regents of the University, with the condition that these lands should not be sold for less than the same class of lands belonging to the other funds.2

1 Laws of 1889. p. 16. 2Land Office Report, 1888. 3Laws of 1891, p. 180. 4Laws of 1893, p. 30. 5Laws of 1895, pp. 63 and 75.

The changes in the land laws in 1897 are historical because of the loss which the school fund suffered.3 The minimum amount of agricultural land which could be purchased was increased from forty acres to eighty acres; and though the maximum amount of agricultural and grazing land which could be purchased together remained at four sections, two of these sections could be of agricultural land. The price of agricultural land was reduced from $2 per acre to $1.50 per acre. Land which had been erroneously classified could be reclassified upon the certificate of the commis-sioners' courts. Leased lands were subject to sale at any time, except where the lessee had made substantial improvements, and except within certain territory described in the statute. The operation of the legislation of 1895 and 1897 was injurious to the interest of the school fund in the following way: As a forfeiting purchaser had a preference right for ninety days to repurchase his land after it had been forfeited for non-payment of interest, the reduction in price and the reclassification provided for in the acts of 1895 and 1897 encouraged forfeiture and crooked reclassification. Land which had been classified as agricultural and sold at $2 and $3 per acre was forfeited, its reclassification as grazing land was effected, and it was repurchased by the forfeiting purchaser at $1 an acre. The loss to the school fund caused by this fraudulent reclassification was estimated to be between eight and twelve million dollars.1

1 The Houston Post, March 12 and 14, 1895.

2 Laws of 1895, p. 19. The control of the university mineral lands was not given to the board of regents until 1901; Laws of 1901, Reg. Sess., p. 266.

3 Laws of 1897, p. 184.

In 1898 it was found that the school fund had not received 5,902,076 acres to which it was entitled by the provision of the Constitution of 1876. This shortage was due to the fact that except in the case of railroads surveys for such purposes as homestead, military, and other grants had not been accompanied by surveys of equal amounts for the school fund.2 In settlement of the deficiency there was appropriated to the school fund all of the lands which had been or which might be recovered from railway companies and other sources, amounting to 1,440,701 acres; all of the unsurveyed and unappropriated public lands, except those included in lakes, bays, and islands, amounting, as then estimated, to 4,444,195 acres, and $17,180, this being the value at $1 per acre of the number of acres necessary to complete the amount due.3 The land included in this appropriation was in general the poorest of the western lands, and the conditions under which it could be sold were different from those which attached to other school lands. A minimum price of $1.00 per acre was stipulated, amounts of 640 acres or less could be purchased for cash only and without the condition of settlement, and preference rights of purchase were accorded first to settlers and second to leaseholders.4

In 1901 a general revision of the law governing the sale of school and asylum lands was made.5 The principal changes were that applications for purchase or lease should be filed with the county clerk, instead of with the commissioner of the general land office, as was formerly the requirement; and that four sections of land could be purchased by one person regardless of whether the land was agricultural or grazing land.

1 Land Office Report. 1899-1900, 1901-2. Message of Governor Sayers, January 10, 1901.

2 Land Office Report, 1901-2.

3 Laws of 1899, p. 123. Laws of 1900, p. 29. Since 1900 small tracts of unappropriated land have been discovered which have resulted in the school fund receiving 555,283 acres more than the 4,444,195 acres; Land Office Report, 1901-2, p. 8.

4 Laws of 1900, p. 29.

5 Laws of 1901, p. 292.