The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-07-17


sKo. " dnd be further enacted Tha, the quantity Of
two entre townships, seyen sections. shall be, and
the is hereby granted The State Of California 70,
he use OF seminiy OF learning said lands TO be selected
nate for that purpose. in legal Subdivisions Of not less than
quarter section OF any OF the unsold s1oeeoped and u
Of the Secretary OF the Interior and he disposed OF as
the legislature shall direct Prouidsd, hoesr, That no
%has or lands 10 wSsh say .es aa
unde the provisions of this act shall be subea to such
selection.
SEo. Is Aad be IL further enacted. That there shall be,
and hereby, granted TO the State OF California the quant
The public buildings OF a STATE said aods 10 be seIectei
by the governor persons he may designate ia legal
unsod unoccuped and unappropnated public lands in
that Sate and subject 70 the approval of the Secretary OF
lions shall be made OF mineral lands lands reserved for
any public purpose whatever or lands 70 which any settler
may be.enutled under the provisions OF this act
MIR FELCH The bill originally introduced into The
Senate was referred ito the Committee Public Lands,
which committee reported il back with an amendment,
which was substitute for the whole bill The senator
from California now proposes further amendment,
which is in fact, substitute for both OF them. wish
10 propose amendment two 10 the proposition OF
The senator from California; but suppose that, in the
present stage of the proceedings it will be hardly compe
tent Tor me 10 do il would be an amendment 10 an
amendment to an amendment.
The PRESIDING OFFICER, (Mr NORRIS in the
cha The Chair did not understand that 10 be the state
OF the case.
Mr., GWlN If the substitute which have offered is
reported by the Committee on Public Lands it will then
be open !o amendment. suppose
Mr.. HUNTER. think the senator from California is
mistaken. Ii the substitute adopted, cannot be
amended All amendments must be made before The
The PRESiDiSG OFFICER. The Chair understands
the rule TO be- that when amendments moved to the ORR
gDa bull the question is taken first those amendments,
then on the amendment to the substitute and then the
question j. taken on The adoption OF the substitute itself
Mr. HUNTER think that is the rule.
Mr.. GEYER | submit that the amendments reported
by The committee first in order, and that this amend
men intended substitute for the amendment of the
The PRESIDING OFFICER The Chair understands
the rule TO be, that the original bill is first to be perfected
before the question is taken on the substitute.
Mr.. GEYER. Is this substitute for the original bill
Mr.. HUNTER As l understand IT, this is substi-
tor the original bill, and therefore | apprehend the
The PRESIDING OFFICER. The Chair now under.
stands that the committee reported substitute for the
whole bill The first question, therefore, will be the
amendment OF the committee.
Mr.. FELCH. II that amendment is adopted, will it
then be open 10 amendment?
Mr.. HUNTER. | think now see The state of the
case The bill was referred TO the committee, and the
committee proposes TO amend il by substitute, and the
senator from California now proposes TO amend the sub
sute Of The committee Thus his amendment is not
Guilty will be TO vote down the substitute of the COM
mtee and then let the senator from California offer his
amendment as substitute for the original bill:
Mr.: DAVIS. THIS is a motion to amend The original
BILLS it not, !
The PRESIDING OFFICER. The original bill was
referred to the Committee Public Lands, and that
mIttee reported substitute for il.
Mr. DAVIS. The committee report in favor OF striking
out the whole OF the original bill Now is competent
Tor the Senate TO amend that bill before is stricken out
Therefore. if this proposed amendment to that,
The PRESIDING OFFICER The original bill is
open TO amendment; but il no amendment is offered,
the question will be on The substitute reported by the
committee.
Mr. HUNTER. | understand tha, the senator from
California and the Committee Public Lands have
agreed that they will consider his substitute in place oil
their Ii will time, therefore, TO vote down the
substitute OF the committee. The question will then
stand as between the original hil and the substitute OF
The senator from California OF course, amendments can
be offered TO the original bill before The vote IS taken on
the substitute.
Mr. ADAMS. | understand the rule, as suggested BY
the senator from Virginia, that the original bill IS under
consideration and may be perfected before the sub
sute is voted upon; but there being nospropositon TO
amend or perfect the original BILL The question comes up
first upon striking out, and then the substitute will be
open To amendment Ii that should be rejected then, as
the senator from Virginia suggests, the proposition Of
the senator from California would come up
The PRESIDING OFFICER The question now is
on agreeing TO the amendment reported from the Com
miltee on Public Lands.
Mr. FELCH. hope may vote down that propo.
son but that prefer il altogether TO that which is
offered by my friend from Californa-for am disposed
to be liberal than his substitute proposes to be 10
the settlers the public lands ia that portion OF the
countryhut as he apprehends difficulty apart from the
merits OF the case, and desires to substitute pre-emp-
iion right instead of donation right of yield
at once, and hope The Senate will vote down the amend
ment OF The committee.
The amendment reported by the Committee on Public
Lands rejected
Mr. GWlN | now offer my substitute as an amend
ment 10 the original bito strike out all after the enact
ing clause, and insert what has been read
Mr. FELCH. | wish 10 propose one or two verbal
amendments. The first is TO strike out after the
words with the exception OF lands the words preserved
and" in the sixth line of the sixth section and 10 insert
after the word "acr the words cor reserved by com.
petelt authority" That part OF the section will then
read
That all the public lands in tho State Of California
whether surveyed unsuyeyed with the exception ol
sections sixteen and thysix which shall be- and hereby
are granted the State for the psposes OF public schools
In each township and with the exception Of lands appo.
praed under the authority OF this ac reserved by
petent authority" NC.
The amendment was agreed to-
Mr.. FELCH. | propose further TO amend the same
section, by inserting in the wenysecond ne after the
word subdivsions" the words "according the Uni.
ted States surveys" That part Of the section will then
read
"Providsd That where unsurveyed lands claimed
by pre-smpton, the usual notice Of suah claim shall be
filed within three months alter the OF the plaS of
to the land oces and proof and payment shall be
made prior TO the day appointed by the Presidents proca
for the commencement of the sale including such
lands the entry of such eta ms be made by legal srba
visions according to the United States survey, Nc"
The amendment was agreed to.
Mr. FELCH further move TO amend the same sec
ton by adding at the end the following proviso:
Propdsd That nothing this shall be construed
authorize any settlement be made any the public
lands surveyed subsequently the l day January,
In year 1885, shalt sny rights of such settlers be
recognized by OF settlement improvement
made upon such unsurveyed lands subsequent that