The Shasta courier., 1853-11-05
Pre-empsion ". school Land warra.,..

Pre-emption W. school Land Warrans.,
The citizens OF Humboldt county have pro.
tested against the law authorizing the location
of School Land Warrants. by the adoption of
| the following resolutions:
Resolred That we view the law passed by
the Legislature of California. respecting the
sale aud location of School Warrants unjust and
contraryi 10 all laws passed by Congress as it
gives the speculator the right of purchasing aud
holding any quantity of land, while the actual
settler can pre-empt one quarter section only,
and is compelled to occupy the same,
Pesolred, That we will aid and protect all
pre-empiors in maintaining possession OF any
public lands belonging 10 fne United States, al.
though they may have been previously covered
by School Warrants unless the owner OF such
School Warrants holds but one quarter section,
and occapies the same. $3.50 36i.aW
Resolred That the Vigilance Committee be i'm
siructed 10 stop all further location of Scool
Warrants in Union Township, and that our fell
low-ciizens OF Humboldt county and the State
generally be requested 10 act in concert with US
IN putting end TO the location OF School War
rants.
Resolced. That the Secretary Of the meeting
should prepare copies of these resolutions, and
send them 10 every settlement on this Bay, aud
also 10. the leading papers OF San Francisco TO
arouse the indignation of every farmer, settler,
and well-wisher to California against the en-
croachment of land monopoly, which will re-
tard the settlement of its arabic lands.
Resolred, That petition should be circulated
IN the county tor signatures, praying Congress
not to sanction the law passed by the Legisla-
ture of California creating School Variants. and
laying them indiscriminately on the Public
Lands throughout California.
Upon these resolutions the Times and Trans
crlpf makes the following remarks:
The question involved is strictly legal one.
| The act OF Congress of 1871, under which tho
| State OF California became entitled to 500 OO0
| acres of land and has proceeded to convert the
same into school land warrants, authorized the
| location only on the surveyed public domain.-
| They cannot legally be located until the public
lands are sectionised the surveys returned 10
the Surveyor General, and approved by tho
General Land Office at Washington. Then the
| holder of school land warrant is entitled TO go
into the Land Office and select and locate ac-
cording to the o. s. surveys, provided the land
is vacant. The consequence e is, that all surveys
| and locations under State authority, previous to
that time, are simply void and of no effect
Under the prempton laws of l84l and Of
1853, especially the latter with reference to Cal
! itornia, the pre-emptor has right 10 settle on
| the unsurveyed public domain Of the United
States. The result is, the pre-emptor settles ac-
cording to law, and by right has legal entry
| warrant, whether it was located before or after
his settlement if the land was vacant, or not
covered by any valid Spanish or Mexican grant
| As the lawyers would say, the pre-emptor 10
| in by right, and the school warrant in wrong
| fully. The land officers Of the U. s. Govern
ment will never permit few spectators to mo-
nopolize all the best sections of the public do
main in California to the exclusion of actual set
tiers. 1t is also violation of the spirit of tho
laws of the United States Congress in another
| respect. After the public lands are surveyed,
before they are liable to private entry at the
minimum price, it is necessary that they be of.
fered at public auction in the land Office, where
the highest bidder is entitled TO purchase. with
regard to all land not covered by valid pre-emp-
tons, or which may not have been previously
selected for school purposes, or purposes Of in
ternal improvement But these latter selections
must be made after the return OF the public sur.
vey, and according to the acts Of the United
States Congress. 9Htlg ID II .a9