The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1881-02-04

This action is brought by citizen of
California against "a citizen of Oregon,
so recover the possession of section 3
Of toTnship : saath Of range lG east
q. the Willamette meridian.
The plhintill claims to lee the o~nar
of tic premises and entitled TO the poa
sessiou thereof as lLe sncccssor in in.
tefcst 20 the state of Oreeou.
Tie ,:eicn..Aut Only ,lof-nds Tor the
4, i. oi.e fourth at tho section. and
l.iea,.,. ,is,e ,isc,rto ia lh,- State of ORE
gem us.der th. -varup land act of March
u, 1860 az Stat 81, and that l,r il in
I'7sssf eiois nu'itr ti'e Siat', in pursuanee
81 IN rNeeutory contract Of purchayo
'nert:rogl. nuder the act Of October %,
1870 'es. l.. 81. providing FOR the Sc.
lection end sale Of said swamp lands
The plaintiff denies that the premises
are swami lands In fact, and alleces
that the Secretary of the Interior has
decided o;hcrwise and nlso, that the
State hY accepting ratent FROM tho
United >.iatea q tie Isnd IA cousro-
veTTE - Nagon coal ianI i4 tNtoII,eJ
80" tn sSsert that the land is swamp,
which rsgoplel minds the defendant, the
States vendec,
+ ice ca-e was tiicd by ths count with
out ih" Intervention Of jury.
/ On the tiial stipulation was r, al
containing the evidence in the oass. eA-
/ cePt, IS 10 tho eueAtion Of whether the
premises arc in fact swamp land or not,
and Us to that, oral evidence WAS re-
csi'ei subject to the objection of lhs
plaintiff for incompetency.
The facts of the ease are IA follows
On July >, 1866, Congress, ''to AID
IN tie construction Of a military wagon
road i;ofu Albany, via Canyon City
through the Cascade mountaiGs to the
eastern boundary of the State, granted
to the State the 'saiterngte seetions q
the pDbiip lands designated by odd
rnn,bcrs. three sections per mile, to bC
selected within ak miles of said road.
| (l4 Stat S9J.
The act making the grant contains &
provision that not exceeding so sec
ttons Of the grant "shnll be disposed
%. sold-Yhep and ~ l.st 80 tht
| Governor Of the State ',shall certify t.
the Secretary of the Interior that an,
ten continuous miles" of the road arr
completed. BY an aet eg July -
| 1870 10 Stat. 363i, Congress changes
the line Of tho road from Canyon CITY
to Camp Harnoy and by the cot o
June Is, 1874 us Stat s0l, it was pro
vided IN effect, that whenever it ap
peared from ''the certificate of tho Gov
ernor," as in the act Of July 5, 1866
provided, thas said road was dconstruot
cd and completed" formal paten
should issue to the State, or any corpo
ration being it's. assignee, "for salt
lands, "as fast as the same shall, unde
said grant, be soIrct.d and certified"
sty tle bet Of = t'acr "a, 1866 (Ses
i.a"o 2al, The l'tata transferred th
grant, for the purposes and upon TIN
conditions and limitatiopsp castainec
III thp act making the aame, to the vii
lamette Valley and Cascade Mountain
Wagon Road Company corporation
duly organized under the laws of Or,
gon, in 1864
= On August 10, 1871, said corpors
tion conveyed tho promises in contrc
/ versy TO II. K. w. Clarke, who o
September !, 1871, duly conveyed tll
came to the plaintiff.
= That the premises are included in
list of lands, numberpd ope, aud d,
sclibed as Stands granted To the Stat
of Oregon by the act" Of July 3, 1866
aforesaid, to aid in the construction ,
said military wagon road, and on Ma
?, 1871, the commissioner of the gen,
raj land Office recommended said list fc
: approval as being the lands to whic
the State was entitled under the grar
!, of July 5, 1866, and therein certife
!" that it is shown by the certificates Q
: file of the Governor of Oregon, bearin
date April |, 1868, September 8, 1877
and January 9, 1871, that said corpor
ton had completed its road from A
bany to the IS, section, distance sc
miles, in conformity with the provision
. of said act of Congress Of July 5, l86
and the amendatory act of July l.
1870 !" which list was. on Nav q. 1877