The Placer herald., 1862-07-26
The Case Well Pnt


lowing article upon the subject of School Lands,
and endorse most heartily the policy therein com
menced. The law Of 1858, giving the proceeds
of the sales of the 10th and seth sections of each
Township Of public lands to the people of the
Township for school purposes, in accordance with
the donation as made by Congress, was passed
under the auspices Of Democratic rule, and the
act approved by Gov. Weller. 1t was not until
the mongrels got into power, that the rights of
the people were disturbed on this important sub
ject. Mr. Conness introduced the bill and the
following was the final vote on it in the Assembly
The previous question was ordered. The ayes
and noes were called on the passage of the bill
with this result: Ayes, "a; noes, l6. SO the bill
passed. The following is the detail of the vote;
Ayes-Adams, Avery, Banks, Blair, Bri ggs,
Buell.. Campbell. Chandler, Cherry, Childs Clark
Coleman, Coltrin Conness, Councilman, COvar-
rubias, Crocker, Dougherty, burst, Easma n ,
Fargo, Flanders, Ford Foster, Green, Hartman,
Harris Harrison, Henderson. Hill, Horrell. Hun
ter, Lippncott, Miller. .Munday, O'Brien, Piercy,
Porter, Powell, Ross, Showalter, Sorrel. Spence
Stearns, Tilden, Tilton, Titel, Walter, White,
Wiley. Wood Of Plumas, Wood Of Yolo, Wright,
and Mr. Speaker-54.
Noes-Baechtel, Bradley. Gillette, Gordon
Hagans. Hanson, Holman, ,'Kungle, Kurtz, Labor
LusptyIc. MdpluucI, ulIICh, toCOlt, Ouillu VI
Tulare and Waden-l6.
Mr.. Ross. having first voted in the negative,
CHANGED his vote, and gave notice that he would
move reconsideration of the vote.
Township School Lands.
AS the election for State officers this year, is
confined TO the single office OF Superin endent of
Public Instruction. it becomes q most fit occasion
for the consideration by the people of IL topic
that has engaged the attention of the Legislature
Cor
ment Of the Fund arising from the sale or rent Of
the 10th and 36th sections in each Congressional
Township. The Act of Congress of March Sd,
1853, Ito provide for the survey of the public
lands in California. and granting pre-emption
rights therein, and for other purposes" contains
the grant Of these lands the operative words of
which grant are rs follows: "All the public
lands in the State Of California. whether survey
ed or unsurveyed, with the exception of sections
l G and 36, which shall be and are hereby granted
to the State, for the purposes of Public Schools
in each Toecnship," &c, (see section six, page
749, Woods Digest; also further in section ~
1t is admitted that the sense of the operative
words Of the grant does not differ from grants
made to other new States coming into the Union,
of Township sections for school purposes, in the
identical township to which the lands are grant
ed since the year 1902. Grants OF the kind were
made TO Ohio Indiana, Illinois, and we believe
all the new States-and wherever there has been
a question made before the Courts as to the
meaning of the grant, it has been universally held
TO be the property of the township, The State be-
ing merely the Trustee for the people Of the
Township. This practice of the Federal Govern
ment, and the construction given in other States
to the grant was we'll unders ood by the trainers
Of our State Constitution, tor it appears that u
proposition was made at that time, to place the
proceeds of the sales of these two sections in
each township-or whatever quantity might thus
be given us by the Federal Congress-into
general fund for the benefit Of the children of the
State in The aggregate. and after much discuss
ion distinctly and knowingly negatiEed. (See
page 200 and 2l0 of debates in the Constitu
tional Convention of California.'O
That it would he Il donation made for the ben
eft of Townships, the fund derived from the
lands in each particular township to be devoted
for the uses Of public schools in that township
be it much or lttlc-was the Interpretation given
to the grant of Congress by all the branches of
the State Government up to the year 1861. The
Superintendent of Public Instruction of the State
Paul X. Hubbs for four consecutive years ur-
ged upon the Legislature this view of Township
rights. In 1855. the Legislature passed an act
providing mode Of floating the claim for the
benefit of such Townships whose lands were in
some manner pre-occuped, so that they could
not get their 10th and 36th sections (See page
2Sl. statutes Of '55.) Resolutions of the Legis-
laure were passed urging upon the Federal Coy
ernment to survey the mountain counties into
Townships. that they night float or locate their
schools (See statutes of 57-S.) At length, in
1853 there was an act of the Legislature passed
defining how the Townships sh ould proceed in
the enjoyment Of the grant of Congress, clearly
their ownership of the same, and
their right to the enjoyment of the Interest of
proceeds ;heretrom, which became a law by the
signature of the Governor
Here, then, we have the judicial Interpretation
CT similar grants in other States-the under
standing of the Constitutional Convention Of Cal
ifOrnia-Of the School Department up to 81
the Legislative and Executive Departments up to
'59-all coinciding in this view of the case;
view. too, eminently just to the people at large,
and particularly to the less wealthy, residing in
the sparsly populated rural districts of the State,
where the expense of educating children is more
onerous than in large towns and cities, where full
schools can be easily made up; a view. also based
upon the soundest policy, rs it made those I'M
mediaely interested in outstanding this sresource,
the custodians of the lands, or the proceeds
thereof, when sold. This, be it remembered,
was but one of the resources provided for
schools bnt it is the only one that by the grant
belongs to the townships respectfully by virtue
and force of the grant. Other lands and resour-
ces are devoted by laws of the State to the pur-
pose of educating the children of the State in
the aggregate, and to share of which the chill
dren of these townships are also entitled with
those of towns and cities. Under the provisions
of the Legislature of '56, many Of the townships
in the State have acted. and caused the sections
l6 and 80 to be sold, and doubtless have acquired
vested interests in the proceeds Of the sales.
1t was not until the Legislative session of '6l,
that the increasing influence of the populous and
wealthy towns Of the State having won to their
side the Departments Of Education, Executive
and Legislative, that the well settled policy IN
regard to these lands was in an manner disturbed.
During the session of '6l an Act was passed,
not only placing the proceeds of future sales OF
said lands in the General School Fund of the
State, but also providing that the proceeds of
those already sold under the Act OF '5s, be ap-
piled to the same gcderal use which act, in an
evil hour, received the sanction OF Gov. Downey.
Thus the cities triumphed over the country;
thus the trust confded by Congress in the State.
was violated; thus the people who do row, or
do in hos Con nnras snnnl