Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-01-19

Inc above selections are based upon alleged
deficiencies in fractional townships caused by
said townships. including sections l6 and Sc,
lone or both, either wholly OF in part being
swamp lands, which are shown by the records
to have been surveyed and thereafter selected
by and approved to the State as swamp lands,
prior to the date of the above selections for
school purposes.
Said sections therefore do not fall within the
eonhTmatory provisions either of the Act of
July 23 1866, or the Act of NJ arch l, 1887, the
| bases thereof being neither lands which had
| been settled upon prior to survey reserved for
public uses" nor covered BY grants made I'M
| der Spanish or Mexican GRITTY, or by other
private claims" as provided by the first men
toned Act; nor are the lands designated as
bases of character which would revert TO the
United States TO be disposed of as other public
lands, as provided by the last mentioned Act
The question OF the right of the State to in
demnity for school sections which had already
terms employed in the Acts of March 3, 1855,
and July %, 1866 reserved for public uses, -
was ably considered by the Hon. Attorney
General Devens) in his opinion dated March
4, 1873, q Cops. L. L., 1,1SSD when he said
Should the indemnity provision of
the Act of July %, 1866, however be construed
| to extend TO lands which passed TO the State of
California under the swamp land grant, the
situation of equality above diverted to would
not exist but on the coutrary one of inequality
would appear. III cases where the two grants
| lap California would get double the quantity
OF lard u which the other States referred to
would be entitled under similar circumstances.
Such result, it seems to me could lot have
been contemplated By Congress"
| This view OF the case, the Acknowledgement
proceeds to say, is supported ny the fact that in
| the original draft of the bill Senate No 3i3)
which afterwards became the law of 1s66, it was
proposed to give the state of California the right
to select for school purposes other lands in
lieu of such 10th and 36th sections as were set
tied upon prior TO survey, rsSerTed for public
| uses, covered by swamp lands, or grants made
under Spanish or Mexican authority" etc; but,
| on the recommendation of the Committee on
Public Lands, the Senate amended the 9th Sec
ton OF the bill by striking ont the words
swamp lands or and, as thus amended, the
section was ultimately enacted.
He Therefore concludes as follows " ! he con
elusion arrive at is that the words reserved
for public uses, rs employed in the 9Th section
of the Act Of July Is 1876 were not meant to
cover those lands which passed to the State
OF California under the swamp Land Act OF
September Is, 1850; that they refer solely TO
reservations made for the purpose OF the Gen
eral Government, and the same words, occurring
in the It'll section OF the Act of March D. 1875,
must be deemed TO have the same meaning and
scope"
In his communication addressed to this Office.
under date of November D. 1850 giving his con
structiOu OF the Act of March l, Io77 Hon. Sec
rotary of the Interior SChurz said
again, the Act does not confirm selections
made in lieu of the 10Th and 36th sections that
were surveyed and thus known to be in place at
the time the selections were made In such
cases the title to the school sections had already
vested IL the STATE and there are such 10th OF
Seth sectiO rs as the Act provides shall be dis
posed of as public lands. II follows, therefore
that provision is made for the spOsitiOn of the
selected ands under the prOyisOs of the second
section"
1t is true, the Hon. Secretary, in the paragraph
quoted, had reference to sections l6 and 30 that
had been surveyed as dry land: but taken in
connection with the opinion of the Attorney
General above referred 20, it shows conclusveiy
that swamp land bases are not recognized as
valid.
The Hon. Secretary further said: THAT Sc
| ections are confirmed by the Act OF 1877 only
TO the extent of the actual losses or deficiencies
as bases therefor, except where the tracts
named as bases revert to the United Stat. un.
der the provisions thereof for disposal as other
| public lands
The lands designated as bases of the above
selections are not OF the character to which the
| United States could resume the title hence the
selections fall within the intent of the first and
! second provisos of the second section of the Act
| which are as follows:
| First" That if there he no such 18th ana 36th
sections and the land certified therefor shall be
| held by an innocent purchaser for valuable
| consideration, such purchaser shall be allowed
| 10 prove such facts before the proper Land
| Office, and shall be allowed to purchase The
same at 81 p per acre, not to exceed 80 acres
| any one person"
| second" That if such person shall neglect o.
refuse, after knowledge OF such facts, to furnisl
| such proof, aud make payment for such land, i
shall be subject to the general land laws of tn,
| United States
You viii advise the State Surveyor General o
| this decision, and allow thirty days for appeal
! thereafter, should no appeal be taken, the sc
lections will be cancelled, and the purchaser
from the state, If any there De, will be Above,
] sixty days from receipt of notice hereof within
: which to make the required proof and presen
! their applications, in accordance with the pro
| visions OF the Act cited report promptly tn
action taken, referring TO this letter. Very re
| specially, S. NJ. SToCKsLAGER,
Acting Commissioner.
| > Tho section referrad 70 reass &C f,,lo,,s
| Section 2. That where indemnity school selec
| tons have been made and certified to said State
and said selections shall fail by reason of tn
| land in lieu of which they were taken not beiu
| included within such final survey of a Mexical
| grant, or are otherwise defective or invalid tn
| same are hereby confirmed, and the sixteenth
| or thirty-sixth section in lieu OF which tn
selection was made, shall, upon being exclude,
| from such final survey, be disposed of as othe
public lands of the United STAKES; provided
that if there be no such sixteenth or thirty-sxtl
| sections, and the land certified therefor shall b.
| held by an innocent purchaser for a valuable
consideration, such purchaser sha be allowed
| to prove such facts before the proper Ian,
! Office. aud shall be allowed to purchase tn
same at one dollar and twenty five cents pc
| acre, not to exceed three hundred and twent,
| acres for any one Ierson; provided, that If sucl
| person shall neglect or refuse, after knoBledg
| OF such facts, to furnish such proof and max
payment for such land, it shall be subject TO tn
general land laws of the United States"
OAIIloN. = MatnuSDeK IS the Onll
piano that has the tuning pins pushed int
a solid iron frame, and which has success
| fully stood this climate for the last twenty
years. Two sold to one of any other maxi
since January l, 1887. See them a
| Cooper's Music Store.
PIANos.-If you want the best. buy til,
ChickeriDg. L. K. Hammer, sole agent
| No. $50 K street
SMYRNA rugs and tapestry in our clear
ing sale to-day. Red House.