New-York tribune., 1874-12-12
that "job" was concealed under the bill and voted
against II % the safest thing to do.
STATE CLAIMS TO SWAMP LAND.

STATE CLAIMS TO SWAMP LAND.
INTERESTING DECISION By THE SECRETARY or THE
INTERIoR-THE STATE or OREGON MAINTAINS
ITS POSITION AS TO A VALUABLE TRACT OF
LAND. 's.'f
WASHINGTON, Dec. 1.-THE Hon. C. Delano,
Secretary Of the Interior. decided the Sd Of Decem-
ber 1874 tho of the State OF Oregon against btott
and waggoner presmptors involving land In Section H.
2 g. 4 W., Oregon City. appeal from the Commis-
soners decision Of JAM co. 1874 Tho State claims the
land as swamp under the provisions OF the act OF Con-
gress approved March 12 1860 Q2h Statutes s having
selected the same by list fled In the local ONCE septS
1871 Defendants applied Aug 49, 1871, at the local omce
10 file d. s., alleging settlement Aug. 20 ano ~ respeo
lively March 1872 they appealed ut the local once
made proof, and tendered payment May 2o' Io'"
having been ordered by the General and omce'
the local officers awarded the land to tne
State. The Commissioners reversed their decision on
the ground that the records of 1.-THE Office should state
that the tracts were covered by body Of water at the
date of the act Of 1862 and hence we're not included IN
the grant to the State. The Secretary mas 'nat 'ne
papers and the records OF the Genera Lanu
O1ce fail to show the character OF the and feoruarS
H. 1859 date OF the admission Of Oregon as stae' OF
March H. 1860 They do not show that at the date OF
survey-in ls52he land was covered oy WATER lorn-
ing what appeared to be lake. the margin OF which was
meandered.
The Secretary holds that the Commissioner erred IN
assuming that the land renamed IN the same eondion
In 1860 The State in the absence OF any express
agreement to the kind OF proof to be relied upon'
should have been allowed to show by any competent
evidence parole the character OF the land
at the time her right accrued. tract is not neces
sarily excluded from the grant because at any one
given date It may be found to be covered with water
having the appearance Of lake. and In the Judgment
OF the surveyors OF character to be meandered' al
though this fact may be material to the gen.
era fact lt may be the result of periodical overflow,
and In this such actually the fact The act OF
1860 extends the provisions OF the act Of Sept 49, 1885,
to minnesota and Oregon provided "that the grant
hereby made shall not include lands which the GOV
ernment of the United States may have reserved sod
or disposed Of I'm pursuance Of any law heretofore
eDactedl prior to confirmation OF title to be made under
the authority OF said act" The of grant
praesenh At the date OF the act Of 1860 the land
was swamp. The evidence precudes the possibility OF
the defendants being claimants In good faith
under the Preemption law. from the fact that
for more than one-ha Of each year the land
cred by water the depth Of several feet, aud with
full knowledge OF this they moved the tracts and
erected small houses cabins placed stakes driven
I'm the ground five or six feet above the surface and
during the few months claimant occupied them they
were reached only by rafts-they managed to break
half an acre the water came, but no sue
cessfu cultivation made, and from the evidence 1t
appears could be made-they were not oona IL le
claimants under the PrcGmpton law The State has not
forfeited her right failure select within TWO years
from the adjournment OF the State Legislature at the
after notice by the Secretary OF the interior
to the Governor State that the survey OF the Lana
had been completed and confirmed because this notice
has never been given The land Is awarded TO the state.