*1 al., Relators, L. et B. STANDARD
Jerry SADLER, Commissioner of the General Office, al., Respondents. et A-10078.
No. Supreme Court Texas.
Oct. Rehearing Denied Nov.
Rutledge Abilene, Rutledge, & for rela- tor. Wilson, Niblaclc, Dallas, Tex.,
R.W. Will Osborn, Morgan, Austin, B. Walter Joe Houston, Tex., Dallas, Walker, Jr., A. W. Refining respondent Co. Humble Oil & Carr, Gen., Milton Waggoner Atty. Gen., Austin, for Richardson, Atty. Asst. respondent Sadler.
CALVERT, Chief Justice. Mining Com- and Trace B. L. Standard manda- pany, partnership, a writ seek Sadler, directing Jerry mus Office, accept and the General of a file an oil and 67^-acres County. Taylor land in tract of wife and his is executed &Oil Mining Company. Humble Trace respondent Company made Refining own it claims to because proceeding on the same gas lease exclusive property. undisputed. are
The relevant facts land, includ- simple tract fee title to the acquired by the State ing all district of a through1 judgment Texas rendered County Taylor court of June set proceeding, and 1925, in an escheat Fund School Free Permanent Art. 3281.1 to Leo Standard by the State tract was sold patent, in which 1936, and a in December State, reserved all minerals were con- Leo Standard March issued B. L. Standard premises to veyed the
14, 1946. February wife on indicated. otherwise Statutes unless Texas Civil 'are Vernon’s references tó statutes All n (cid:127) Sadler, Fund with a mineral 1963, Jerry nent Free School
On November Office, before or mineral reservation classification Commissioner of General but1 & Bill Oil enactment House executed delivered to Humble *3 Relators, is argument on the of Company gas lease asserts that Refining and here- tract, land involved unsound because the grants the the exclusive which lease thereafter, of produce sold and that right prospect to Humble to for and by provisions of- gas years governed such the primary lands is oil and for a term of five subsequent gas are that amendments. long Act and and as thereafter as oil and argument Although Alternatively, the produced paying Humble asserts quantities. validity to by is unsound a 1934 amendment because notified B. L. Standard authority to questioned, Humble Art. 3281 confers being of its lease was exclusive. premises lease on -the upon the and commenced escheated lands entered Commissioner ¡ drilling operations ;.¡ 1964. of the Land Office. on March General , _ \ 25, 1964. Production March was .obtained ' arguments The various require examina- detail, somq tion of the mentioned jn statutes 24, 1964, February B. Stand On L. Min ard and to Trace executed delivered Relinquishment The was enacted' first Act ing gas Company an oil of and lease Leg., 2nd Called 36th 1919. See Acts by given tract that similar terms to Session, 81, p. provisions, as ch. 249. Its to lease filed Sadler Humble. The amended, included subsequently are now 10, 1964, in Taylor County record March on purposes history in Arts. 5367-5379. Its and copy and a to Sadler certified was tendered prompted history and the of the times which re filing on March 1964. Sadler pre reviewed its enactment have been still accept fused to and file the and lease opinions vious of Court. Greene this See v. provisions of refuses to so. Under the do 655; Robison, Em 117 Tex. effective, Art. 5421c-2 the lease cannot be State, pire 121 Tex. Gas and Fuel Co. v. law, if certified even until a by authorized Oates, 265; 145 47 v. S.W.2d Lewis copy filed in the Land Office. is General Giles, Tex. Norman adjudi Relators have recourse for thus 678. As construed Tex. S.W.2d except cating validity their of lease Robison, supra, Act con Greene v. through proceeding Court. direct in this this agent of stitutes the owner of soil the valid, If the is writ of mandamus purpose negotiating for the of State issue; valid, should but if it is surveyed and leases prayer be denied. for relief should public unsurveyed free school land and asylum by land sold State with validity The turns Relators’ lease by classification or mineral reservation argument their soundness of which minerals to the State. are reserved Standard, Relinquishment Act of 1919 operative its the Act is effect of soil, as owner retrospec prospective broad both terms right negotiate State with the exclusive to Robison, 541, 8 tive. Buvens v. behalf leases on through It referred S.W.2d 664. will be the State. Relinquishment Act opinion out Attorney representing re- General, of 1919. Sadler, spondent argument asserts that the In Relinquishment unsound because the enacted two bills dealing repealed by 1939Act with been sales and mineral leases has public Respondent Legislature. Humble of the lands. first Senate .was position Attorney Bill exclusively of the which dealt differs with with provisions of sold with mineral General. It asserts that the classification or mineral Reg.Ges., govern Leg., of 1919 reservation. See 42nd still Acts 23, p. operative ch. Perma- 28. The effect of prospective retrospective islands, lakes, bill bays, was both “All salt water respect inlets, By to such terms the marshes and reefs lands. its owned Legislature sought limits, enlarge within the interests State tidewater portion of owners of such lands theretofore sold to Mexico within Gulf of ownership Texas, jurisdiction include a fee of the min- all unsold Wie erals, land, surveyed executed both validate leases theretofore ownership unsurveyed, them on a sub- basis ject per statutory payments any certain State, son, produc corporation firm to authorize the execution of for the silver, minerals, except gold, leases and other tion of the owners for oil and *4 platinum, metals, mineral a free cinnabar and other in leases royalty thereunder, in of would be reserved the State. be therein or Vie provisions This Act this will be to as the Relin- accordance with the of referred quishment 2, 4, Chapter Act and of 1931. It declared subdivision Title Act. 86, 1925, entirety Empire relating in unconstitutional its in Revised Statutes of 138, areas, Gas and State, public Fuel 47 same Co. v. in so far as 2 . S.W.2d 265. is not in conflict herewith.” ' The second bill enacted 1931 House repealed expressly Section 13 of the Act Rill Leg., Reg.Ses.,' 358. 42nd See Acts 5374, 5323, Arts. 5338 and Revised Statutes 271, p. ch. 452. It will referred to as the well, repealed, conflicting and as all Leasing and Sales Act of sub- 1931. With laws. (cid:127)sequent amendments, it is now Art. 5421c. 'Other amendments and are shown additions Changes pro- were in-some made through in Arts. 5421c-l 5421c-9. The Leasing visions of the Sales and operative strictly effect of this Act was and certain new wereadded 1931 " - prospective. Section 1 declared: See, by enactment 1939 Bill 9.: of House Leg., Reg.Ses., p. Acts 465. 46th ch. “All set heretofore exclusively Section-1 of Bill 9 dealt House
public free school funds under with sale and vacant and unsur- Texas, Constitution and laws -of and veyed land, a matter with which we are. unappropriated all and unsold concerned. Section 2 amended 8 of Section remaining in State domain. this Leasing .whatever, qupted Sales and Act of character, except river above, by carrying that forward section beds, islands, channels, lakes reading adding proviso verbatim and as a bays, tide and other areas within follows: limits, subj water arc ect to control and sale under the of this Act.” “Provided, however, nothing in pertinent here, provided removing for sale Act shall be as As construed interfering rights Commissioner of the General Land or with the powers surveyed public land of land Office of free school owner the surface bidder, highest sold or to be hereafter with reservation State, sulphur reservation, royalty State a with mineral i/^th royalty making all minerals act as of the State Meth produced. covering Act also authorized leases authority affecting leases of such but surveyed public land to the of such remain surface owner law, provided by highest Authority the same as bidder. of the Commis- abridged, removed sioner to execute wise modified or such leases this Act.” Section which read: Emphasis throughout unless otherwise ours indicated. of Oklahoma entitled: The State were Cause sections added of the new Two S.Ct. Texas The State of 4-a read: vs. [50 5. Section 4-a and Section Section 731, 1122], L.Ed. 281 U.S. by an owner lease executed “No mineral America, Inter- the United States or minerals or owners of land be sold and venors, but said land shall Relin- commonly known what is as pro- with the disposed inof accordance until quishment be effective Act shall Acts of Chapter visions filed copy of such certified Forty-second Regular Session of the No Office. the Land Legislature.” hereof date executed the effective after parts laws repealed laws or Section upon unless binding shall be State Act. provisions of the with the conflict actual and true considera- recites paid promised therefor.” tion House In enacted Reg.Ses., ch. Leg., Bill 241. Acts 53rd See Texas appears in That Vernon’s section 57, p. rewrote Section enactment Sec Art. 5421c-2. today Civil as Statutes Act of 1931 Leasing of the Sales com Board tion S created the School Land Among Bill 9. amended House posed of *5 of the General elimination changes effected was the Attorney Office, and the the Governor above, had added proviso quoted been which General, prescribed the duties and once was amended in 1939. section power including Board “to set 347 Bill by of Senate again the enactment sur dates for sale of and the Leg., Reg.Ses., 55th ch. in 1957. See Acts veyed lands, prices and determine the 209, p. 434. amendment did not re- land, surveyed at any which whether quoted proviso, now store the and it is not unsurveyed, shall leased or sold.” in in appears 8 as 5421c. Section Art. adopt regu Board directed to rules lating and in sale of “areas analysis foregoing With the brief cluded not this herein with inconsistent pertinent enactments, statutory con we Act subject and other laws for the sider first the Attorney General’s contention sale and asylum and lands* * *." lease of school Relinquishment that the Act of 1919
repealed by
9
Bill
enactment of House
1939;
The first
paragraph
numbered
of Section
in
we
re
hold that it was not
provided:
5
pealed.
repeal
by
If
was effected it was
implication only,
repeal by implication
apart
"All
lands set
Lake,
is not favored.
v.
163 Tex.
Gordon
asylum
several
fund
392,
138,
356 S.W.2d
v.
Wintermann
by
funds
the Constitution and
laws
McDonald,
275,
167,
of this
and the
in
State
mineral estate
171,
397 belonging to the lands enough part first Act were broad to authorize awith reservation by so funds be sold they if landowner were authority event there is By Act, in which Section 2 sold. lands conferred, just saying that owners of owners sound basis authority sold, con- not exercise of land but on “The owner so could theretofore by Relinquishment of 1919 by of land sold State with mineral ferred reservation, leases. Commis- mineral classification.” execute oil Office, acting of the General sioner may be, But when Board, however direction of the School Relinquishment de Act of 1931 was gas leases on execute oil and could not Empire clared unconstitutional authority execute such his because lands State, Fuel Gas and Co. v. 121 Tex. lands Section is limited to unsold leases Relinquishment Act of 1919 S.W.2d 5421c; holding and our of Article that, in full was left force and effect. Winter authority the landowner’s Wintermann McDonald, mann 129 Tex. authority implied lease sold lands 167, 104 Cul And see: S.W.2d S.W.2d 4. sold under plainly limited Ashford, berson v. 118 Tex. Re- Leasing 1931. If Sales 587; Ry. City Galveston and W. Co. v. not fill the void linquishment Act 1919did Galveston, 537, 540. 74 S.W. imagined, could circumstance there in the 'So, question here is not to ruled surveyed fund be no of sold Legislature 'what the intended to do gas. production lands for of oil Acts of .two but what it intended Legislature might possibility that-the only did do and do its valid enactment belong- direct that all or o.f question T931. is: Did the Sales publiq be sold ing to fund nullify, Leasing Act of 1931 as to all school is not reservation of all'.minerals thereafter, authority granted lands sold precisely what purely imaginary. That Act of respect to escheated did with ¡owner of the soil lands when amended Art. 3281 (cid:127)leases the State ? The an clear precludes and unless that article question (cid:127)swer to the is that it did not. *7 his executing gas. from oil and lease on an land, do. under the authority, he has to so In asserting that-the Sales and brings us Relinquishment 1919. This Act of Leasing nullify Act of 1931did such author consideration, to, of .Humble’s alternative ity, principally Humble relies lan on the saying for argument reason that Relators’ guage (now of Section 1 the Act Section is unsound. full, 5421c), quoted 1 of Art. heretofore in property is 'Escheat of in State which declares -that “All lands heretofore governed Arts. was apart 3272-3289. Art. 3281 set to the free school funds Leg., in 43rd 3rd amended 1934. Acts under the Constitution See and laws of Texas * * * C.S., 60, p. If, prior the amend- 112. to subject are ch. to and sale control ment, found that estate the trial court real Act,” under the of this and on subject escheat, judgment ren- holding McDonald, in our Wintermann v. land, fixing 275, dered that State recover 102 S.W.2d sold, price that in a executing mineral land minimum it could be leases on at which acts, under the awarding possession. .sold Act landowner not Art. writ by authority Relinquish- Statutes, Upon conferred 3279, Revised Civil by implied authority ment Act of but receiving possession, sheriff the writ of Leasing of the Sales and required Act itself. to seize and sell the land execution; Leasing But enactment of the Sales for under but if the bids were not, not, of 1931 could preclude price and did in the less than the minimum fixed directing from judgment, later all or au- Attorney General was price as lands than Two thorized to sell land thereafter sold at of less Dollars per proceeds Fifty ($2.50) .bid in are acre. All the State sold. Cents required permanent paid sales of free were to be into State escheated 3281, R.C.S., Treasury. Art. Art. school lands shall be with a reservation 3281, as in 4403. Humble contends that Art. State of all the minerals special category amended creates a land favor of the Permanent Free lands, permanent fund School All sums received Fund. from leasing governed leasing, developments, sale and of which lands mineral or article, entirely by deposit- and that shall the terms of the sale escheated lands be preclude Stand- article ed the Permanent School Fund of ard from Texas. The Commissioner of controversy. land Land Office is authorized General adopt regulations as he deems Art. as amended in after necessary carry out this Article. setting lands the Per- escheated adopted regulations Said or forms directing manent School Fund Free approved by Attorney be General.” permanent they listed as escheated lands, free school continues: may Article It be admitted that “The General Commissioner of special category creates land may Land Office lease said lands for That the Permanent Free School Fund. grazing purposes existing under laws recognized fact was this Court pur- relating leasing grazing to the for McDonald, 129 Wintermann v. Tex. poses of unsold school lands. 167, 172, 104 But S.W.2d 4. Commissioner of the General necessarily it does not follow that agri- Office lease said for special leasing provisions article contains cultural, residential, business or other preclude his asserting purposes for a term exceed of not to rights under payable (2) years, two said rental to be depends Whether so or it does in money, the amount of rental and said proper interpretation con one all other terms of be fixed the lease to trolling empha we sentence which have by the Commissioner of the General If sized. the sentence means that the Com Any permanent Office. escheated missioner the General Land Office subject shall he authorized to escheated lease all development unsold, development to other mineral governing according procedures provided Statutes purposes all other other statutes for of unsold school *8 [of] for permanent lands, Humble, unsold lands. by school as asserted free Any permanent precluded. escheated free school If that the it means Commis may lands be authority gas the Commis- sioner’s for to lease oil and development sioner of the General Office for and other is confined purchase not less one-tenth than of the to unsold in the case lands as of other price permanent in cash and the balance of said as Relators purchase contend, payable equal precluded. price not nine Standard is It is installments, duty give meaning annual' deferred our to said the sentence the Legislature the installments to bear interest at rate the intended it to far have so Any ability (6) per per of six cent as it lies within annum. our to do so. View highest ing corners, the lands so sold shall be article its sold to the four bidder interpreting as are other school thus the sentence context provisions, but escheated the be with article’s other have we surveyed public school lands”? Legislature intended of unsold the concluded that Use why “other” give the word used? to And meaning Relators to have the unsold “other of the words it. dealt that the lands lands” indicates quoted undertook the Legislature The lands. are unsold with in entire sentence the to define of Article 3281 the Moreover, provides that first sentence the powers of the General Commissioner the grazing may lease for the Commissioner lands. to deal with escheated Land Office relating to purposes existing laws “under By three sentences the Commis- the first grazing unsold leasing purposes of the for By power the was defined. sioner’s lease Surely that it cannot be said school land.” power sell was remaining his pro- simply incorporates a language this arrangement dealing defined. This leasing both first sentence for cedure the matter of Commissioner’s purposes; grazing for sold and unsold land powers Legis- suggests in that itself language yet, identical almost power exist to lease lature intended language in the third sentence. with the only until the lands were sold. sug recognize, as We power Humble conferring The three sentences gests, in land other than the that interests Legislature in- suggest that the lease also State; may full fee title be escheated to the only to unsold power extend tended the interests, leasehold that power to severed first confers sentence lands. like, reverter, estates, possibilities of and the purposes. second grazing for But we free school lands. thus become agricul- power sentence to lease confers for with such in residential, are not concerned in case tural, purposes. business or other land, have no to de-' occasion terests power sentence confers The third Legislature intended that termine how develop- other mineral for oil and leased, if, indeed, pro any they be sold or obviously, Now, Legislature did ment. What, been we vision made therefor. has that the Commissioner should intend power on is that Art. 3281 confers hold no. power any to lease sold lands for have to execute leases Commissioner purposes indicated first and second development other mineral gas and any sound séntences. Is there reason for which has been sold escheated land believing that intended the Permanent Free School State from power third conferred Fund. And we further that when the hold broader, sentence it extend to title to escheated land is owned full fee ? both sold and unsold lands Fund and the land is sold with a reser power lease for vation of all other mineral conferred on of the soil Act of 1919 constitutes owner by the third is “un- sentence purpose of ne State for the governing min- der Statutes gotiating .leases purposes perma- eral all other unsold [of] thereon. If, nent free lands.” as Humble as- serts, purpose this language was sim- the Gen- assume the Commissioner of We ply incorporate procedure recognize will ex- eral Land Office *9 in Art. 5421c for make executing leases and as that ecuted valid leasing procedure applicable the of that copy and file the certified he will receive lands, why that and unsold both sold manda- required by Writ thereof as law. of purpose plainly as with stated was done only if he refuses to do so. mus will issue in Art. forfeited reference to lands “shall such land where that CULVER, NORVELL GREEN- subject the to lease oil and under be for dissenting. HILL, JJ., leasing procedure provided for the law GREENHILL, purchase the balance of said price pay- Justice. equal installments,, able in nine annual respectfully I dissent. said deferred installments to bear inter- position Humble’s alternative set out in est at the six (6) per rate of per cent majority opinion Any the should be sustained. annum. lands so sold shall be opinion, my In the 1934 highest amendment to Ar-. sold to the bidder as are other on 3281 confers the tide Commissioner free of school lands but escheat- the Land General Office the ed lands price exclusive au- shall be sold at a of less- thority to lease than escheated lands. It is un- Two Fifty Dollars and Cents necessary, therefore, per ($2.50) to decide whether All acre. sales of escheated permanent repealed, Act has been or lands be applies only whether it with school lands sold reservation to the State of all-the prior to the enactment of minerals in House Bill land favor the Per- of sums, manent Free School All Fund. amended, As spe- Article 3281 created a leasing, received from the mineral de- category permanent cial of free school fund velopments, or sale of escheated lands Hence, leasing lands. the sale and of those deposited shall be in the Permanent governed entirely lands are by the terms of Texas, School Fund of The Commis- Article, and the of the statute Office, sioner the General Land is- preclude Standard from an oil adopt authorized to regulations controversy. land in necessary he deems carry out this regulations Article. Said or forms Article as amended in after adopted approved by shall be Attor- setting escheated lands Perma- ney General.” nent Free directing Fund School and- that they be listed permanent as escheated free recognized Wintermann v. This Court lands, says: school McDonald, Tex. (1937), Article at General “The Commissioner special category land in- 3281 creates may Office lease said lands for Land in which Free School Fund the Permanent grazing purposes existing laws royalties as under than all rather relating pur- grazing for 5421c, the State are reserved to Article poses unsold The Com- school lands. by the- sold when school lands are escheated Land missioner of the General Office question whether But the here is State. may agricultural, lease said lands for Commis Article 3281 authorizes residential, purposes or other business lands sioner to execute oil and leases (2) for terma of not to exceed two special category a reser sold years, payable said rental to in mon- be does, it must all If it vation of minerals. ey, of said the amount rental and all cannot land follow that the owner terms of the other lease to be fixed gas- execute oil also be authorized to Commissioner General Relinquishment Act. leases thereon permanent Any Office. escheated free subject quoted' school shall be first three sentences powers gas development 3281 define the of Article leases. other under Stat- Land Commissioner to execute sentences, governing has been The third of the utes Article, purposes perma- emphasized quotation unsold [of] power nent Any lands. escheated Commissioner defines permanent mineral leases. Humble asserts the Commissioner Gen- sentence means eral Land Office for than escheated not less one- authorized lease all *10 unsold,, purchase lands, tenth of price in cash and for development, govern and other mineral leasing Commissioner procedures provided in according permanent free escheated school lands. other unsold statutes for I would Article hold that 3281 authorizes- lands. Standard et al. contend that the sen- of the Of- Commissioner General Land tence means that the author- Commissioner’s permanent fice to lease all escheated ity to lease other unsold, gas' school sold and is to unsold confined development. and other mineral It would as in the other free case of follow that the oil and lease executed agree 5421c. I Article Humble’s Company is not Mining to Trace interpretation of the sentence lease, valid a and that the under, duty give legal It is our the sentence the General Land Office is not meaning Legislature duty copy- it to have intended receive and file the certified ability insofar itas lies within tendered. our to do so.
When the fashioned lan- guage, sentence, the third it knew NORVELL, join in- JJ., CULVER and providing in the same Article for the this dissent. sale of escheated lands with a reservation of alb minerals to the Keeping that State. mind, legislative
fact in intent of lan- guage writing is, used in the third sentence me, keyed it seems to opening word sentence, “any.” any” variety word has a of mean
ings, depending on the context which it parte N. A. Ex SMITH. Corpus Secundum, used. See p. Juris No. 37109. seq.; 1398 et 3A Phrases, Words p. seq.; Appeals et Dictionary, ed., p. Black’s Law 3rd Court of Criminal of Texas. plural sense, 119. When used in particu Oct. larly in an sentence, affirmative the word is very generally held to mean “all.” See
Doherty King, v. 183 S.W.2d at (Tex.Civ.App.1944, dismissed); writ Bran Minear, ham at 845 (Tex.Civ.App.1947, e.) ; n. City r. Hime v. Galveston, (Tex. at 545 Civ.App. 1954, e.); n. r. Corpus Se Juris
cundum, p. Phrases, 3A p. Words and 59. The sentence before us affirma sentence, tive “any” the word is used plural sentence sense. In the used, context in which it is it means “all.” “all,” Given the meaning the sentence reads: “All escheated * ** lands.shall under Statutes governing leasing for purposes' per unsold [of] manent, written, free school lands.” So part latter sentence nothing„ can mean procedures provided more than fhat other statutes for unsold .lands