The Douglas independent. [volume] (Roseburg, Or.) 187?-1885, 1878-09-21

troll Of the fseHiS3atufe. There can be no
question, Therefore. as to the right Of the
ditionaIly. Il need not require reclamation
unless it chooses to do so.
AT all events further time should be given
to applicants to reclaim their lands, and
as to what shall constitute reclamation. The
mistaken notion, already referred to, that
the States title to this class OF lands de-
pends upon the issuance of patents has oc-
casioned many delays for which purchasers
should not be made to suffer. Besides, in
many cases, the United States officers have
perniitted persons TO pre-empt lands which
were known to be of a swampy character
and upon which applicants had already
paid their 20 per centum under the State
law, on the ground that notice had not been
given of the withdrawal of such lands from
market. Thas one pretense after another
has been resorted to for the purpose of de-
feating the right of the State and its vendees
under this grant. Ard unfortunately the
present law has afforded no protection TO
applicants. They have been constantly ex..
posed to vexatious contests without any
certain prospect of finally acquiring title
even If they should establish the right OF
the State to the land. 1t is simple justice,
therefore. that they should at least be al
lowed further time to comply with the coE
ditions imposed by the present law.
It would be tar better, however, if sales
were made at once, without any embarrass
ing restrictions, vesting the title lmmedi
| ately in the applicants. They would thus
be placed i'll position to vindicate thei;
rights promptly, and no time would be
given to pre-emptors to change the character
of the land by drainage, etc. So long as
| the sales of these lands are made to depend
| on conditions inconsistent With the ordi-
| nary laws of trade, purchasers will move
| with caution.
The law of the State, as it now stands, is
| contrary to those laws of trade which re-
/ cognize the right of the purchaser to make
1 fhn ont ri the fhin0 pnPrhaSAd No
! man will buy an article under restrictions
| which are expensive and useless, The
/ State should assert its title in tee to the
/ swamp and overflowed lands and its right
/ to dispose of them to the best advantage
and in the least possible time. And the
purchaser should ne permitted to take the
/ lands at once, upon payment OF the price,
and to use them in whatever way he may
/ find most profitable for himself. This
would reduce the matter to common
sense business basis. 1t would afford the
/ State fund for the immediate payment of
her outstanding swamp land warrants,
thus stopping the accumulation of in
| terest, and would on the other
hand enable the purchasers not only
to defend their land, but also to turn it to
profit at once.
| therefore recommend that the law of
1870 be so amended as To conform to the
| views here expressed. Section of the act
should be repealed, and such further
changes should be made as to afford ample
/
those of it grantees. In order to hasten the
/ sale of the lands, and to provide for the
/ speedy extinction OF the debt which has
| grown up against this fund under the leg
/ islation of 1872 I would suggest that swamp
land warrants be made receivable in pay
ment for such lands. Since the funds to be
/ derived from these lands are to be applied
to the payment of these warrants, there
| can be no reasonable objection to using the
| lands themselves for that purpose. 1t
| would save delay and trouble and would
stop the interest on the warrants. Perhaps,
also, il would be we'll to give the board OF
school land commissioners more specific
| authority in regard to determining the
4 character of the lands included in the
i swamp grant. Under the present law the
| proper officers of the State are authorized
to select the lands in the field. But the
rules governing the general land office at
i Washington will not pei NIT these lands to
| be listed to the State, unless they are Sc
lected by United States surveyors, or un.
less their swampy character at the date oi
the grant is coneluslvely proved. The
State, however, should Insist upon its right
to make its selections by any method by
4 which the fact can be ascertained that the
lands are actually swampy. Lands OF thai
character belong to the State by perfect
and absolute title, and that title cannot be
defeated by any rules devised by the gen
eral land office or by the captions objections
of registers and receivers. It is to be un
derstood, of course that these remarks are
not intended to apply to those cases where
lands have been selected as swamp lands
which are not in fact Swampy. The States
has no right to such lands under this grant
and cannot acquire any by any possible
mode of selection.
The rules and regulations of the genera
Land Office of the United States will no
permit the State to prosecute or defend con
tests for swamp lands, before the local lane
offices, without depositing the money Il
pay the expenses of such contests. A:
there is no provision of law authorizing
the board of school land commissioners te
make this deposit, the result is that, unles.
applicants for the land will furnish tht
money, the interests of the State frequently
you give the board the necessary authority
in such cases, and make an appropriation
for that purpose.
vAGRANT Law.
The long continued business depression