The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1873-01-24
AN Anrn OPINION.


Q From the Salem Mercury we learl
$ that at the regular meeting of th,
, Board of School Land Commissioners
I atthe January term, 1873, the follow
ing opinion, relative to the right oI
, the State to hole the 10th and 36,f
sections of public lands under the
School grant when two or more cor.
ners are established Il. Me. field before
taken by presumption or homestead
settlers, under the laws of the United
States, was read by Commits sioner
Chadwick, and concurred in by the
full Board:
by net Of Congress. admitting the State OF
oregon Into the Union. approved FEBRUARY lth
lsou. several propositions We're submitted 10 the
| people OF this state for their approval and ne
ceptance, the first OF which rends as foiou,s .
~ iha. section ~ and 30 In every township
OF said sections, or any part thereof hns baen
sold or otherwise disposed of. other lnnds equiv.
/ aien. thereto ana as contiguous us may be
| Schools" ' "'o oi
This proposition was accepted by nm net of Tho
Legislative Assembly of Oregon, entitled !" An
Act relative to certain propos itions made by
lne M Songress OF the United States to the people
o. the STATE OF oregon" approved June q lS5e
The right of the State To these sections updsr
The acts aforesaid Is absolute. hut when does
this right attaehf ny nm act OF Congress aps
proved February -. 1859, entitled '.An Act Ia
authorize settlers upon the f6 and 90 SECTIONS
,nas W 10 oeiore tue surveys OF the public
tors must have settlement upon SECTIONS la
or or 80 before the survey Of the lands In the field
rs made IN order 10 hold then, under IL. ,,ra. |
etnp'ion laws" What Is here meant by
survey In The Held" may be ascertained by ref.
quote; 'e ' Wv
IL is settled. however. that the State can nc |
quire no right To land unsurveyed; nor cnn n |
r1tiiroad company acquire any right to ot, sec |
tio1 ioss upon which kra.emptor shall have set
sied before the reservation attached The State |
acquires right To all the 10 and 50 sections i'm,
,mediateiy after such survey In the fieid has |
mine the locality OF said sections n IL r,h.r
wise In regard To all other Stats lands In ihe
iasL mentioned cases no State right attaches
uh.il ai,er survey and return OF the plat To the
district land office" "
The understanding In district land offices ba =
lect. for they have disposed OF sections III nnd
has not been returned To their Offices i
The position taken In this statement is that
sections 10 nnd ~ cannot be disposed OF rs such
by the local land eiiiceS Of the t. \. within This
statr under any circumstances. |
The iaet that these see! lions nre known IN D.. |
inc 10 und ~ Is not only notice but a.InnlAslo,,
,nat they heiai'g 70 III. state They eanno, be
vcS ia the field" and when that net is dome
thc stat. Immediately acquires title to said ssc.
tons. The United STATES in granting hi aud N,
ssctioiis To the state. effectuaIly Withdrew them
lroil the operation ot those Acts rcinfInT 10
presumption and homestead Claims and rom
lands. NA P""''e
II Is only where land Is taken becore survey
~ the hsid and presumption rights, obtained
o$ actual residences and imurs1VeIsleuts mr.,
na'l' ia good faith. and it turns out after sur
'c% IN the Held that this pr,e 1T ION was made
lip ~ or % sseitons. That thn right OF tll.. rr-
,hlitor becomes absolute against The claim OF
he STATE. |f
The prictlec of local land offices III permit
in- parties to pre-cin.i the 10 aud ~ SECTIONS
u stirt i III violation Of Law and IN cor;rycn
iost OF the grant 10 tha state IL Is no; ..ecrs.
AIRY That plRtS oI survey be- died in The local
anu oiilce .! the Register ard Receiver in OF. /
Ter 10 gave the S.HL1 title TO tiles- sections The
urSey in the field which will enablo Il persDu .
determine the locality o! sald SECTIONS Is ali
has the law requires
Applicants Tor prs4-emption by designating /
n"ir claims by subdivisions oI section is or II
u tnfIr applications. admit certain kno,sieec
! wnat section rs settled upon ty he pr.-.atui {
or, saet or knowledge watch Is o! isssslf n bar
. the disposal of sald sections by tho United 4
lates. Tor enough has buGn done to west the
lie IN The stat the moment "a uer.on il .n.
Died 10 determining the locality af said seciions