The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-01-13

60
W suyP o,dsnee with its interests, which
I'm , ~. r,;ncipsl consideration urged Tor
,hs ,oint interests in the public lands.
e'S Tsa Lands. having regard to the States in
terest therein, are
LANDS bargained by the State and 70 be
conyeyed upon payment Of the purchase mon
a.-Lsnds encountered by permits to cut
the timber thereon.
a,-Lands to which the States title is alb
solute.
4.-Lands bargained by Massachusetts,, to
be conveyed upon condition Of payment, that
State retaining the fee.
OF this first class there are, in round num-
bers, 100000 acres. Of the second 10000
acres, Of the third 100000 acres, and about
100000 acres Of the fourth class.
The contingent interest OF the first class is
held almost entirely by non-residents, who
manage the lands with reference TO the
amount Of money to be made from them as
timber lands, who exercise the rights of own
ers over them in taking Off the timber, while
they claim an exemption from taxation, and
ute under no contract for payment OF the
purchase money. the States ultimate remedy
for payment being ON the lands. The second
class, IN like manner, is held principally by
persons foreign to our jurisdiction, whose es-
tate Is in the timber alone. and whose inter-
ests are adverse 10 the cultivation OF the soil,
who claim an interest, for all practical pur-
poses, equivalent TO ownership Of the fee,
while they hold their interests exempt from
the ordinary burdens of taxation. or the
third class 1900 acres are held in common
and undivided with individuals, under whose
operations they have. in past years, been car
ried on, thereby subjecting the land depart
ment 10 trouble and expense in protecting the
Statess interest therein.
The fourth class were bargpined by Massa-
chusetts in 1853, with assurances 10 this State
that the fee therein should be conveyed, with
out unnecessary delay, in consideration ofthe
provisions OF the articles OF separation which
secured TO that State exemption from taxa
ton of her interests in these lands while the
title should remain in the State. These lands
are held also by non-residents, who exercise
all the rights OF owners as to the exclusion OF
other interests, and who claim exemption
from taxation on the ground that the Ice still
remains in Massachusetts,.
The amount OF purchase money now due
and payable on the lands bargained by this
State is S93,2il,76 principal, and S5S,66S,l2
interest.
I invite your careful consideration Of the
situation OF this portion Of the lands and prop
erty of the State; whether some provision
should not be made for chasing these lands
with the taxable property OF the State in the
apportionment about to be made for the next
ten years whether any and what regulations
should be made in regard to operations on the
lands bargained and not paid for, and for the
prompt payment Of interest payable on the
puaehasc money, and for the ultimate pay
ment ofthe principal; what legislation may
be required 10 facilitate the settlement Of the
lands under permits TO rut the timber thereon
consistent with the rights of those holding
the permits and whether the interests OF the
State do not require that partition be madS
of lands held in common with individuals.
And in this connection renew recommends
ton in my last annual message that the poll
cy Of authorizing the Land Agent 10 grant
permits to cut timber, which obtained until
1857, DO renewed.
The department is required to keep con-
stapt force employed to protect the land from
trespassers and to scale the timber cut on lands
bargained. Operations under permits from
the State would greatly facilitate these efforts
and afford a revenue to pay the expenses in
Cured for the protection OF the common
property.
The receipts into the Treasury. from all
sources, the past year. were SjO7, S9O,i5. The
expenditures during same period 1898, S30,3l,
being q balance in favor OF the State OF STA,
060. Is, rs shown BY the books ofthat depart
ment. and chiefly on deposit in sundry banks.
But regret TO be obliged TO inform you
that this statement does not exhibit the actual
condition OF the funds OF the State. The
Treasurer Is delinquent. in that he has alb
sented himself from his office, and has neg
leeted. when requested, TO return TO his post
OF duty and render an account of his tran
sac,ions; and facts have recently come TO
light showing the use by him OF large sums
OF the public money, which, in my judgment,
rendered il necessary publicly to declare him
n defaulter in his Office, and to inhibit his
checks upon the public funds. Information
OF this delinquency was received too near the
close of the political year. TO authorize steps
for his removal and the appointment OF
To perform the duties Of the
Office. and to institute the proper proceedings
10 determine the extent Of the defalcation,
with view to Its adjustment with the SUI
rcilies upon the official bond. IL will there
fore deyolvo upon you to require the Trea-
surer to render an account Of his transactions,
and 10 settle aud adjust his accounts, aud on
filure so to do. TO apprise his sureties Of the
extent of his delinquency, and ask their i'm
mediate attention 10 its adjustment
From the best Information IL has been pos
.ible TO gather. In the limited time, and the |
means ut command. the populations carried |
on through checks upon the banks having |
deposits, and which do not appear upon the |
books OF the department.. will amount TO be-
,ween $4,000 and 100000, and which, il is
believed, has, in whole. or in part, been con-
ierted so that he Is not able 10 restore IL, and
Nat it will fall upon the sureties 10 make
food any deficiency you may determine.
The States idemnity against ultimate loss,
s doubtless ample upon the official bond;
md L am assured thai the responsibilities OF
he sureties will be honorably met. without
TO the Treasury, and with no
urthsr indulgence than may be Justly allow
ID TO dispose of the interests assigned to them
or their protection. Still. invite your care
Iul investigation Of the transactions of the
as TO the use Of the pablo funds, |
md the practices Of parties, official and un-
official, with 10.
The statute Of this State expressly provides
hat the Treasurer "shal not loan, or use in
his own business. or for his own benefit any
such money. or permit any other person TO do
Il, upon pain Of forfeiting a sum equal to the
amount so used or loaned" The enactment
Is not penal. aud this case furnishes no ade-
qua,e remedy. IL does, however, prescribe
a rule for the conduct Of the Treasurer in the
duties Of his office.-and rule also for those
who deal with him officially; and submit,
for your consideration. whether appropriate
penalties should not be provided for any vio-
Iation Of tho obvious intent OF this law.
Official peculation on the public funds, al
though under the protection Of an official
bond, should be penal oifense; not less COM
plicity with official population. The guiltest