Des Arc citizen., 1859-04-15
s. H. HAMPSTEAD, Esq, Solicitor General of Arkansas. sss s ,,
LiYtle Rock. 22d March, 1859.

aeft4'@ LLILG hOCK, ZZQ EUldICti, 4C5CCs
 STR: The questions upon which you de- sire my opinion, are as follows, viz
 "lst Were the sales by agents of lands not confirmed to tue State as swamp or oyer- flowed, illegal and void ?''
 2d If 50 does the act of the f7th of February, 1859, legalize or confirm those sales ?''
 {" 3d. shouldthe agents issue holding ger tifcates' to the purchasers thereof ?0
 By virtue of the act of the 18th of Jan uary, 1853, dividing the State into swamp land districts, and establishing the present land system, the respective land agents, af- ter receiving the maps and plats, were author zed to sell the confirmed swamp lands at public sale, from time to time, and such as remaned unsold to sell at private entry at the prices specified by law And the books and plats furnished by the auditor were de clared to be their guides, as to what swamp lands were owned by the State 1T. other words, the books and plats indicated to the land agents snch swamp lands as had baeh confirmed to the State. These only they were authorized to sell. The swamp lands sold by the commissioners were unconfirmed at the time of sale, or at least most of them. ,,
 You state that ss in disregard of the above law, several of the agents sold large quan- titles of land that had not been confirmed to the State as swamp lands at the time of the sale.o And on that state of case you prOpOunded the above questions.
 I have carefully examined the < act to enable the land agents to issue certificates in certain cases, and for other purposes" approved 17th of February, 1859 and l can not resist the conclusion, that it must be regarded as legalizing and confirming those sales; and as authorizing the land agents in such cases to issue the certificates provided for in the act.
 That act is very explicit, and there is no l~ IL, md ouflU mo for construction.
 It declares that the holder of any cetif- cate of purchase of swamp and oveiilowed lands from the swamp land commissioners or agents, or any person acting under their au- thority, who shall apply to the land agent for patent certificate thereon, shall not De compelled to take a refundng certificate for the amount paid for any tracts on the original certificate, which shall appear to be not vet confirmed to the State, but shall demand and receive ( holding certificates" the form of which is given specifying the issuing of patent certificate for the land confirmed and the holding certificate for Hands in both cases, and if the land should not be confirmed, the holder of the certifi- cate is entitled to refunding certificate, for the amount of nancy or scrip, paid to the commissioners or agents And the act fur ther declares that the holders of refund- ing certificates heretofore issued, snaii nave the same right to purchase the land as provided in that act There is special saw ing of pre-emption rights.
 This act complicates the land system by multiplying certificates and evidences ot purchase, opens wide door to frauds, and | gives preferance to those who purchased swamp lands originally in violation of law, and of which they were bound to have knowi- edge.
 But the legislature had the right to enact l it and there is no power that can right 1 fully annul it, or refuse to execute it sim ply because it may be thought impolitic or inexpedient. The legislature might have given away the swamp lands, is they had felt thus disposed.
 The act itself is too plain and positive to be resisted and speaks for itself Ano to my mind, it is clear proposition that the effect of the law is to legaiize and cen firm sales of unconfrmed swamp lands, bona hde made by the swamp land commissioners
 or land agents, or any person acting uhaei their authority, and consequently that II lis inc duty of the land agents to issue the certificates provided for in the act, il cases coming within its provisions. -
 Very respectfully,
 | Your obd't serv't., 37s II s. H. HEMPSTEAD,
 Sol. Gen. of Arkansas Il w. R. MILLER, Esq, fA Auditor of Public Accounts,