The Shasta courier. [volume] (Shasta, Calif.) 1852-1872, 1853-05-21
THE SHASTA COURIER.
Disc sion on the Settler Bill---Specch oil
Senator H. II. SPraguc. 80

Her Bill" Amendments offered by MIR. Crabb
and Mr. Ralston embody the principle which
gave rise TO the discussion Mr. Crabb's amend
ment is as follows:
"When the plaintiff upon trial establishes
title OF right of possession to the premises in
suit, lie shall be entitled to a reasonable COM
pensaion for the use of the land from the day
and date of settlement thereon by the defend
ant. The compensation allowed by the Court
or the Jury as The case may be, shall be deduct
ed from the value of the improvements ascer-
tanned as hereinafter provided"
| Mr. Ralston suggested that this should be
SO amended as to read "that the plaintiff after
proving title, &c, &C., light secure damages
from the time when the defendant or those I'M
der whom he claims had Legal notice of the
plaintiffs claim" After some discussion be-
tween Messrs. r. and c., the latter gentleman
accepted this amendment
| Many speeches were made, almost every Sena-
| tor present. says the Journal. seeming desirous
of defining his position the question. We
are indebted TO the Legislative reporter of that
paper for the following remarks of Senator
Sprague the question of the adoption of the
amendment:
Mr. Presiaent-I am somewhat surprised at
the amendment proposed by the Senator from
San Joaquin, or that portion of it which requires
the occupying claimant to pay to the party by
whose superior title he is elected rent for the
lands from the day of his settlement thereon.
believe this amendment. if adopted, would most
etfectualy destroy the object of the bill, so far
as protection OF the equitable claims of the
cupant are concerned. IT understand the OBJ
iect of the bill it contempates afording to a
party who had in good faith settled upon the
lands, made lasting and valuable improvements
| thereon, believing the same TO be government
lands, without notice actual constructive, of
any adverse claim or titla, the means of obtnin-
ing some compensation for the labor and
pense OF making such improvements as enhance
the value of the lands and of which the newly
discovered owner in fee is about to reap the
benefit. By this amendment the occupying
claimant would be forced into the position of
tenant paying rent from year to year, not only
| for Of wild and unmproved lands, but for
the use of the identical structures and improve
| ments which he himself had created. Thus you
compel the occupying claimant 10 pay for the
! product of his own labor, because he has been
so unfortunate through ignorance mistake as
to bes'ow it upon lands, the fee OF which turns
out TO be IN private party, instead OF his gov
crnmcnt.
This sir, would destroy the protection which
| think is due, and should be extended to such
parties can egilimaey be brought within the
provisions OF this bill
| am willing the occupying claimant should
be charged for the of the land it was al
The time OF his settlement thereon for the entire
term OF his occupancy; or | am willing that he
should be charged with rent from the time he
received actual notice, or hau know dge of an
adverse title, at the rate OF fair valuation OF the
rents and profits of the premises they re
at the time he received such notice and that the
amount of rents and profits thus estimated should
be deducted from the value of the lasting i'm
proveneuts.
All l desire is that simple, even-handed JUS
tice be dealt out to the mistaken occupant and
the successful claimant in fee, and if l under
stand the friends of this bill il is all they desire
to accomplish by it.
There has long existed in many Of the old
States, what is termed an " Occupying Claimant
Law" framed for the precise object contem.
plated by this bill, with similar provisions to
meet similar circumstances, and in all of these
laws with which am acquainted, the success
full claimant is only entitled to rents and
pl offs from the date OF the service of his writ
| of e.lectment. But it may be said that the oecu-
plying claimant is required to establish con-
nected record title before he can claim the ben
eft OF the law III those States and that this bill
seeks to give party the value of his improve
menis made upon lands, without even the color
circumstances of our country; the total absence
of valid record title to foot of land within the
limits of our State, and from present prospects
years may yet elapse before any such titles to
lands in our State will exist.
The acquisition of this territory from Mexico
vested the absolute title to all the lands within
It's Limits in the Government of the United
States subject TO the conditions of the treaty
which guaranteed to Mexican citizens their right
of property. These citizens hold their lands
under grants from the Governments of Mexico
or Spain-some genuine, some fraudulent some
imperfect and all indefinite and uncertain to
limits and location All have yet to obtain the
sanction OF and patent from the Government OF
the United States with definite boundaries and
limits. before we can distinguish accurately the
Government lands from the lands of private par
ties.
hold then. sir that since the acquisition of
this territory to the present time, the legitimate
presumption is that all the lands within the Inn
Its of our State Government lands. During
the past four years this State has been settled
| with unparalleled rapidity, by industrious and
euterprisRg American citizens, who have sought
home here with their families, without the
possibility of obtaining even yet reliable, valid
title to an acre of land
Many have occupied, settled upon and improv
ed the wild ard vacant lands, honestly bellev-
ing the same to be Government lands. without
notice absolute constructive, OF the existence
OF adverse claims or private grants OF the same
lands, and INDUCING the fond hope that the poll
cy heretofore pursued by our government
would ere long enable them to secure the title
to their farms, with their improvements at a
nominal price. They have developed the agri-
cultural resources of our State, and contribute
more to its substantial wealth and prosperity
than any other class of our citizens.
| This is the only class of claimants which the
bill under consideration is designed to protect
| Should they be dispossessed OF the lands which
their labor has subdued, cultivated and improv
ed, and the proceeds of their toll and fruits of
[ tIa.ir industry ATTAINED nnter such circumstau.