Evening capital journal. (Salem, Or.) 1888-1893, 1890-05-22

trict any amount of land, either in
forty acre tracts or whole sections,
either on even sections in railroad
limits, or any land outside. 1t has
been urged by these disinterested
persons God save the markD that as
a citizen Of Oregon the register Of
this office should assist the
state in this matter! That II
the Office would pass the lists
favorably, no futher trouble would
be experienced, and inferentIally we
suppose the laborer, worthy of his
hire, would get his pay. We do not
claim that the existence of this state
Of facts has bearing on the question
of contiguity which, we take it, is
the main question involved, and
which your office must pass upon,
but IL certainly has a bearing, and
should be properly considered in
connection with the rings Wash
ington attorneys. We are every
day business men, in no way inter-
ested, imI ediately or remotely, in
the outcome of this matter, futher
than to assist you rself In the prem
ises, and thus discharge our duty as
officers of your department, and as
citizens of this state. We have had
. N Il 20 do Ia
what appeared to be our duty, as we
were capable of understanding it,
regardless of pressure brought to bear
upon us.
Now, as to the gist of the matter
as we suppose it will appear before
you. The state is entitled under
Governor Stones decision to indem.
nifty. Can she select it regardless
Of contiguity, regardless to the size
of tracts? If the selections must be
made "as near as can be" to the
lands lost, then no; but if there is a
rule of practice of your office con-
STRUNG the statute to mean any
where in the district, and in the
case such a construction of the
statute is doubtless proper. You
are now confronted by no such
state OF facts. The loss the
state has sustained in the Warm
Spring reservation amounts, APP
proximately to 10000 acres, if, as
the state urges, an unsurveyed loss
Is as good as one that Is surveyed.
AS to the immense amount, posi- |
bly, a quarter of million acres, Of
land passed over by the state, be-
fore selecting the bargained away
in-advance lands, and also as to the
relative amounts of vacant and en-
tered lands you can consult the |
maps of your Office, which show
just how the whole case stands.
For section on the mountains Of
the Warm Spring reserve they are
willing to take sixteen forty acre
tracts laid upon the springs and
watering places of a purely pastoral
country. We transmit two afiida-
Wits made by citizens of this state
and entrymen under the United
states land laws, and we can find
any reasonable number of men
throughout the district who will
corrobOrate the statements made by
atliants.
We feel that the disposal of the
government lands TO actual settlers,
and the development of this portion
of the state, will be retarded IL in
the matter of selections both con-
tiguity and the size of tracts selected
are disregardea. 1t is probably not
necessary for us To add that in our
Joint and several opinions the selec.
tions as made are against the inter
est OF the general government aud
Of this state, and are against sound
public policy. We are conscious
hat we have argued the question:"
ana can only plead our knowledge {
# the true inwardnessn Of the !
natter AS Justification.
Respectfully,
+. \. MCDONALD, Register,
T. w. SLUsHER, Receiver.
l hereby certify that the foregoing
5 a true and correct copy of letter \
# the register and receiver in this \
'fiice, bearing date November u.
$50, AS il appears of record in this s.
'ttice, addressed to the commissioner :
4 the general land office at Wash \
ngton, ID. c.
JOHN. w. LEWIS, Register.
eware Of OinimeutS for Catarrh that
Contain hureury,
y nAnranrx, Mill a,,Hul,. l.asr... a.. | -