Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-01-22
California school Lands

DOMESTIC NEWS.
California school Lands.
WASHINGTON, January 21st-Several years
| ago the Commissioner of the General Land
Office rendered decision in a case which
arose 10 Florida, holding that lands granted
| to Stat, which fell in the limits of railroad
grants, should be double minimum that is,
where exchanged for other lands, railroad
! land should be considered worth two to one.
| Where the sixteenth and thirty-sixth sections
| of grants 20 any State have fallen within the
| railroad grants, the Commissioner has ALWAYS
held since that the State was obliged to ex.
| change two acres Of land for one Of railroad
| land. In California this decision has taken
| from the State at least %. eco acres granted
! by Acts of Congress in support of public
| schools, and many lawyers have held that if
a test case could be taken to the Secretary of
the Interior, he would reverse the former
practice. Surveyor.Gereral Wiley, in an in
terview with the Commissioner Of the Gen
! ersl Land Office to-day, asked for decision
on several California csses, and was told that
no decision had ever been written, but that
all such cases were sdjndicated on the prece-
dent set in the Florida cases. General Wiley
| requested the reasons for the decision, and
| MIR. Cannon, Assistant Attorney General
| for the Department of the Interior, told him
wise The Commissioner as to his duty in the
premises. General Wiley thinks there is no
reasonable ground on which to base such
ruling as has been heretofore made, and be-
lieves that if the Commissioner will take the
matter up, he will reverse the former prac-
tice. In such an event, California would be
entitled to list about %, 600 acres Of public
land, in compensation CT the past double
minimum pre-eInptory.
swamp and Overlooked Lands In Cali
fornIa.
WASHINGTON, January 21st-Representa.
tive Budd to-day introduce bill sppropri-
ating S25, 600 70 be used in surveying swamp
and over flowed lands in California, the Sec.
retary of the Interior being empowered to
order the surveys and expend the money,
This bill is designed to encompass a survey
of LANDS along the lakes and rivers of Cali
foruia heretofore left by the Government be-
cause of their rihaccessibili.y and will, ii passed,
result in listing the swamp and overhowed
lands sold bv the State, but TO which pur-
chasers have not ye5 been able to get titles.
Sacramento Lawyers in Washington
WASHINGTON, Jsnusry 21st.-Ex.AttOrne
General Hart, of California, and District
Attorney Carey, of Sacramento county, ar.
rived here yesterday. They will appear be-
fore the Supreme Court tomorrow, to srgue
the case of Joseph Hurtado vs. the State Of
California. Hart appears for the plaintiff,
aud Carey for the defendant. This case in.
wolves the question whether the State of Cal.
ifornis can, under the Constitution Of the
United States, try prisoners accused of mar
der by information instead of b. indictment,
aud its determination will affect the cases of
several persons convicted Of murder in Cali
fornia upon information.
The FOrty-eIohlh Conoress
SENATE.
WASHINGTON, January 21st-The Chair
laid before the Senate bill from the House
making all public roads and highways post
routes; another to enable Courts of the United
States, in cases where patents have been OBJ.
tsined by fraud, to annul patents on appli.
cation Of the ACtorney.General.
Several petitions were presented praying
for an Investigation of the divorce legislation
of different States, and to arrange for a col
lection of divorce statistics.
Logan presented a petition from ex-sOlders
Of the U zion aruly praying for the passage
Of laws giving 20 exprisoners Of the war the
benefit Of the public lands.
Van Wyck introduced resolution that
further debate on the Mexican treaty be had
with open doJr5.
Objection was made to lis reception, and
the Chair ruled it out st order to present
such resolution in open Senate.
Van Wyck appealed from the decision of
Che Chair.
On motion of Elmunds, the Senate re-
solved to close the doors ia order TO discuss
the appeal.
The Senate went into executive session,
and when the doors were opened, adjourned.
HOUSE.
A bill was introduced by Finerty to confer
brevet promotion upon army officers partcu-
larly distinguished for servica in active Ia.
dian warfare.
Randall, Chairman Of the Committee on
Appropriations, reported joint resolution,
appropria.irg funds for the relief of Lieuten-
ant Greely and party. Referred to Com
mittee OF the Whole.
Holman moved to suspend the rules and |
adopt the following:
Resolced, That in the judgment of this House, all
public lands heretofore granted to States corpora
tons and the construction C railroads so far as the
fufment of the conditions upon which the grants |
were made, ought to be declared forfeited TO the |
United States, and restored to the public domain.
EeSOiCed That it is of the higaest public interest
that laws touching public lands be so framed and
administered ultimately to secure freeholds |
therein to the greatest number OF citizens, and to
this end all laws facilitating speculation in public
lands, or authorizing or permitting entry or pur
chase thereof in large bodies, ought to be repealed
and all pubic lands adapted to agriculture subject
to the boundary OF gr nts and those OF educltIon,
ought to be reserved for the benefit Of actual and
bona fde settlers and disposed Of under the provi
siUls OF the homestead law only.
ReSolUsd That the Commissioner of Public Lands |
be instructed to report to the House bills to carry
into effect the views expressed IN the foregoing
lutors aud be authorized to report such bills at any
time, subject only to the and appropriation
bill, and the shall be in like order entitled to
After a lengthy debate the resolutions were
adopted-syes 25l, noes Is
Following was tne negative vote: Bsrks- |
dale, Bingham, Bisbee, George, Horr. Kesn,
Libbey, Liman. Morse. Muldrow. Poland, |
Rsnney, Raeb. Rice, Russell. Stone, Van
Eaton and Whiting.
Cox of New York moved TO suspend the
rules and psss the bill repeating the law pro.
viding for the ironelad cath.
Boutell opposed the bill. If a repeal of
the test oath would have the tendency of
Fastening an era If good feeling, he would
heartily favor it but he believed on inter-
pretation would be put upon that action
which would be harmful TO the country, where
every concession OF this kind was interpreted
in the South as a retrogression from the
standpoint of loyalty, and q sanction or con-
donation of attempts TO destroy the Govern
ment. He must enter his protest.
Cox explained that the bill only afec'e
Jurors and men who take the ironcsd oath.
Men who had been in secession did not take
this oath, therefore it did not affect the
Southern men. The ironclad oath was but
rotten reminder of clumsy, bitter and arbi-
trsry power. It was deemed necessary dur
ing the war as test. but since the men who
fought sgsiast the Union were rehabilitated,
the same privilege should be extended to
Union men which disunionists enjoyed. Why
keep up these old bitter hates of the past?
Why not pour oil upon the old wound? He
appealed to membsls to support the bill, TO
segrsgate politics from sectional hate, from
the old uucharitableness, and inaugurate a
better era of good feeling.
The aotion was agreed to and the bill
TO II.
The Mexican Treaty.
WASHINGTON, January 21st.-The action
Of the Senate to-day upon Senator Van