Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1872-08-07

States, INCLUDING them respectively,
on condition that they should sell them
aud devote the proceeds to draining
and improving them, and everything
would DO lovely, the neigh6oring dry
lands would sell readily, and the treas
ury be generously replenished. There
never was a cat rolled whittier IN meal,
aud |. for one, was completely duped.
As | recollect, the bill did not pass that
session, but we reported strongly In
It's favor, and that report Doubtless
aided to carry the measure through the
next Congress. The consequence was
a reckless and fraudulent transfer to
certain States Of millions on millions
OF choice public lands. whole sections
of which had not muck enough Oh
their surface to accommodate single
fair-sized frog, while the appropria.
tIon of the proceeds to draining proved
a farce aud n sham. The Lands went.
all OF them that had standing water
enough on square mile OF their SUR
face. 10 float duck In March, with a
good deal more beside, while never q
shake of ague has any pioneer been
spared by reason Of all tie drainage
done under this speclous act. l can
only hope that some Of w Learned .
wholesome lesson Of distrust.
The application OF this law to
Nevada, as proposed, involves peculiar
hardShips. --r.
First 1t would uusettle the title Of
ali who have purchased valley lands In
our State, and II executed would drive
from their homes nearly all the farmers
Of Nevada. -
Second, It would deprive the State
of the proceeds of those lands which
are now devoted to educational pur-
poses. ....-.
The bill. as 1t passed the House, Is
as follows: .. .. ...-
Be it enacted By the Senate and House
OF REPRESENTATIVES otthe United States
in ConDess assembled, That the pro-
visions OF the act approved September
twenty-eighth. Eighteen Hundred aud
Elfty, entitled IAN Act to enable tile
State Of Arkansas and other States to
reclaim the swamp lands within their
limits" shall be held to apply to the
State OF Nevada In the same manner
and to the same extent that 1t Is spplt-
cable to the States admitted Into the
Union before that date; and such IA
hereby declared to have been the TRUE
meaning and intent Of the said act.
Passed the House of Representatives
May %, 1872. ..
It will be perceived that the legisla-
ton proposed Is In the nature OF an &c
post facto law. The Language Is, that
the swamp net Of 1850. " shall be held
to apply to the State Of Neva,la In tie
same manner and to the same extent
that It Is applicable to the States ndmit-
ted Into the Union before that. date (;
and such Il hereby declared to hare
been the true intent and meaning OF
said act" $500.
The act then Is to be treated when It
becomes law as II It had been passed
before Nevada was admitted are State
and all the lands which eau be claimed
as swamp aud overfiowed as TO oe
granted to the State, no matter what
disposition has been made by them TO
bona .fde purchasers by the general
Government or by the state Itself. II
this law was confined to lands that
were WORTHLESS, for agricultural pur-
poses until reclaimed. the evil would
be comparatively small, but when We
take into consideration that swamp
aud oyertiowed lands" as now con-
s,rued under the Arkansas Act, Include
all lands ever overflowed, and some
that ara II, ycr oyertlowed, the valley
lands Of Nevada would not escape the
attention of swamp and oyerfiowed
land speculators. While such lands as
Sierra Valley, Indian Valley, and
Meadow Valley In the Sierra NeVadii
Mountains, in California, are treated
rs swamp. and tile settlers rights dis
regarded, what would become OF Car
sou, washoe, and Paradise valleys In
Nevada 2 II these valleys should oe
decided, As they most certainly would
be-to be swamp land. the enforce
menr Of this act would destroy every
title in them aud IN every other valley
In the State similarly situated. This
legislation taken In connection with
the act of the Legislature Of Nevad'
10 provide for the selection, &C., oi
swamp aud 0verfowed lands passed
March 9Th, 1859, Is q scheme to take a
snap Judgment upon settlers.
The 7th section Of the Nevada Stat
utes provides, that Actual settlers
and occupants OF any Of the swamp aud
overlowed lands belonging to till
State. shall have the preference ovel
all others to purchase the same for Il
period OF one year from the first day O.
June. A. D. 1859. to the extent allowed
to be purchased by u single purchaser.
One year, It will be observed, from tn
first day Of June, 1859, has already
expired. and consequently. II TIL
er post tacto law Is TO DO passed ant
enforced, actual settlers and actua
owners would be In no better situation
with regard 10 the purchase OF land
they occupy and own than person.
who have never seen Nevada. IL thes'
lands had been declared swamp In ad
vance, settlers tif spectators Ind per
mitted) might have acquired their TILT
under the swamp land law oefor'
making their improvements; OUT nov
their occupancy aud Improvement
and purchase are not to be taken int
account. but all valley lands are to b
redisposed OF de moro, under an e:
post tdcto law.
Such an exercise Of power may no
violate tile letter Of the Constitution o
th. United States, rs that instrunen
prohibits States, aud not the Fedora
Government, from passing er post Joef
laws I; but It Is clearly In violation o
all iu.t principles Of government, ant
would bs very likely to DO held voi'
by the Courts. But whatever the ~
suit of the litigation, the effect woul'
he equally disastrous to the settler 10
he might about rs well give up lit
home at once rather than be harrasse'
by expensive litigation with wealth.
aud uuscrupuloui land spectators
with u positive law In favor OF tho lat
ter and reasonable chance or thei
winning in the end.
. Third; the school fund will be de
stroyed by this act. AS early as 1856
your delegation In Congress, secures
the passage Of an act, TO which niucl
Of the credit Is due Mr.. Ashley, then Il
the Lower House. dedicating the yari
Gus donations of public lands made b.