The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1868-09-26
more reasonable view of the subject will

duced, ] am led to believe. and, if so, The
expenditures made in that behalf would
be good investment. Aside from the
development Of the vast resonrces Of the
State; which would necessarily result from
an in8ux of populations, their poll.taz
alone, to say nothing Of the revenue aris.
ing from the fruits Of the labor Of such
newly acquired citizens, would, in short
time more than replace the amount OK.
pended. Most Of the Sister States have
established such an organization, aud are
profting largely thereby; and it is our
duty to see that Oregon must not be be.
hind in the great race. / trust you will
give the subject your serious considera.
ton and so act al best to promote the
general interests Of the State.
CUSTOM HOUSE, u. s. BRANCH MIST, sc.
Ny attention has been called by tho
proper authorities Of the General Govern
mcnt, to the fact that it is the purpose to
erect buildings for L United States Branch
Mint at DalIes City, Custom House at
Astoria, and Court House. Custom
House and Post Office at Portland and
some light houses along our Western
Coast Before this work, so long aud 30
much needed can be begun, the State will
have TO give its consent By enactments.
| recommend, therefore, that appropriate
Legislation be had upon the subject, and
every assistance rendered, which will be
calculated TO further enterprises so i'm
portant.
Permit me also to call your attention to
the fact that there is now no provision in
the laws Of the State for the admission of
United States convicts into the Peniten-
t!ary. The laws Of the United States
provide for the maintenance Of such pris-
oners, and give the officers Of the State
Prisons the proper authority IN the prem
ises | therefore recommend that proper
legislation be had upon that subject
EscHEATs.
| desire to call your attention to the
condition of the estate Of Finice Caru,hers.
late of Mulinomah county, deceased. Sec.
Z, Of Title ], Of an Act entitled an Act to
regulate the descent Of real property, &c,
passed October u, 1864, provides, in eff.
feet. that if the iuteatatc leaves no !iueaI
descendants, or kindred, his real estate
shall esehca. TO the State. In the Fall of
1860, Finicc Caruthers, an old resident
IF Muliuotnah county, died iutcs,ate leav-
ing large lan1ed estate, lying princi-
pally in Iultnomah county, but partly in
Lane aud Washington counties. About
three hundred acres Of these lands arc
within the limits Of the city Of Portland
The administrator Of said estate, in 1867.
filed his fnal account in the County Court
Of Nul.uomah county, in which 1t was
represented that said Finice Caruthers
lett no lincal descendants, or kindred. and
that the estate, amounting TO over one
hundrad thousand dollars, had escheated
TO the State Of Oregon.
The Court directed the administrator
to retain possession OF such estate. In pur.
suancc Of Sec 2, of Title 3. of an Act en-.
titled '' An Act for the recovery Of real
and personal property, eschcated to the
State, and for the disposition of estates, ="
&c, passed October II, 1862. Subse-
qucnt TO the settlement of the administra-
tors account, persons claiming to repre-.
sent certain alleged heirs OF Finice Ca
ruthers made claim to an individual
tweuty-three sixtieths (23 CO., Of the en-.
tire estate, and instituted proceedings for
the recovery thereof. This claim is bas-
cd upon the assumption that the real
name of the deceased, Finicc Caruthers,
always 80 known and called in Oregon,
was Finice Thomas, and that the persons
now making this claim arc portion of his
FIRST and second cousins, and their as
signees, and as such, entitled to receive
twenty-threc sixtieths (23 Coz of said es-
tate. 1t was made my duty, by Secs 2
and 8 of the Act before referred to, to
authorize the proper District Attorney to
take the steps necessary for the protection
Of the rights of the State, and to employ
counsel to assist. | therefore, directed
the District Attorney of the Fourth Ju-
dicial District to appear in all actions.
suits and proceedings pertaining to the
enforcement of the rights of the State,
and in the Fall of 1867, | employed the
law firm of Mitchell, Dolph & Smith, of
Portland, to assist the District Attorney
in all matters pertaining to the same.
Various actions, and proceedings have
been commanded by the claimants, in the
courts of Multnomah county, all of which,
so far as determined, have resulted in de-
cisions adversely to the claimants, and in
favor ofthe State. There is, atthis time,
one of these cases pending on appeal be-
fore tho Supreme Court of this State
There are, also, three eases pending in
the Circuit Court of Multnomah county.
| am advised by the attorneys for the
State that, in their judgment, the whole
claim is fraudulent, and can be defeated
in the courts.
Soon after the decease of Finice Ca
ruthers, A. j. Knott and r. j. Ladd, of
Portland, set up claim adversely to the
estate to a portion of the lands-about
POI acres-iucluded in such estate, aud
two cases involving the title to this por-
tion are now pending in the Supreme
Court of The United States. These cases
are also being attended to by the firm Of
Mitchell, Dolph & Smith, under employ
ment by nc. There being no money on
hand, belonging to this estate, the lands
have been sold for taxes tho two years
last past.
| would, therefore, urge upon you the
importance of making provision for the
redemption of lands so sold, and for the
compensation of Attorneys employed, and
other expenses incurred in the enforce
ment of the rights of tho State to this
valuable estate.
CONCLUSION.
In presenting this brief review of the
h.l - - l. = - ]. -.