The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1890-05-24
INTERESTING LETTER.
It Seems to Be a Matter that Might
Concern Gov. Ptnloyer.
ABOUT SCHOOL INDEMNITY LAi DS
What the Late Democratic 0ccup; Is
Of the Land Office at The Dalles
Had to Say About the
State Land Ring"

VI lu6 iGuu OIEC5 aG lE0 OdliCS
Had to Say About the
State Land Ring"
THE DALLEs, Or, Nov. 26, 1SS0.-Ho IN
Commissioner Of General Land Office
Washington, d. C.,-Sir: We are jus
in receipt of your telegram of day, anG
, in accordance with it, as a construction
, of your former telcg ram and letters upor
the subject of indemnity school selections
we herewith transmit lists to 0, lnc'u-
sive, of selections made by the state ol
) Oregon tor losses the state claims to have
sustained by reason Of section 16 and &c
falling within the Warm Springs Indian
reservation. We are directed to &C
company the same by our joint opinion.
Il, in complying with your direction in
this matter, we shall be led into fuller
discussion Of the question or questions in
volved than would at the first glance
appear to be Necessary, We trust that you
will bear In mind that we occupy d
position that gives US a knowledge that
can not be obtained readily by your
office.
We feel that no apology is needed on
our part for endeaToling TO place all
matters bearing on this question before
you to tie end that you fully understand
just what an approval of the lists means.
1t has been urged upon this cffice that
when it was decided that the state was
entitled to indemnity nothing was left for
this office but to accept the l,cts. and for
the honorable commissioner under rue
OF his office to approve them regardless of
the size and location of tracts selected
This has been urged by the clerk of the
board of school land commissioners for
the state and by the attorney for the board
| With telegrams and letters and personal
vlsitations the state has reminded us of
| bees about the huDghole of u cider barrel;
and so persistent has it al been that il
became necessary in our judgment to in
torn the state that we would have to give
portion of our time to the trun>action
of other business of the Office An ex
| PLANTATION of the conduct of the accredited
agents of the state is found in the fact that
through another member Of the gang these
lands are al,eady sold at So 90 per acre,
| Sohile By legislature enactment tie price
achsch tile state TeceigeS is 81 % per acre. II
is fact easily substantiated by affidavit
that while the state board assures appli-
cants for this land, that all the state is
entitled to has been (selected but not
listed,O the business man of the "outfit"
offers citizen of this district any amount
OF land, either in forty acre tracts cr
whole sections, either on even sections In
railroad limits, or on any land outside
1t has been urged by these disinterested
persons (God save the mark y that as
citizen Of Oregon the register of this of
flee should assist the state in this matter
That il the Office would pass the lists
favorably, no further trouble would be
experienced, and, lniercntlally we sup
pose the lahorer, worthy Of his hire,
would get his paw. 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 it certainly has a bearing, and |
should be properly considered in con-
nectIon with the arguments of the rings |
Washington attorneys. We are every |
day business men, IN DO way interested, |
Immediately or remotely, in the outcome /
OF this matter, further than to assist your
self IN the premises, and thu, discharge
our duty as officers Of yonr department.,
and as citizens of this state. We have
had the sand" to do In this T Tatter 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 II will appear before you. Tie
state Is entitled under Governor Stones
decision to indemnity. 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 rnls of
practice of your office constituting the STAT
ute to mean anyuhere in the district, Is it
a rule that should continue ia force2 If
such is the rule 1t cerainty was not estab-
lished ln such case as is now presented.
Ordinarily school indemnity comes from
losses sustained here and there IN small
amounts, M>gghOut the district. and in
that case such a construction OF tie stat
ute is doubtless proper. You are now
confronted By 10 such state of facts.
The loss the state has sustained in the
VAIN Spring reservation amounts, all
proxima;ely t130, GOO acres. it, as the state
urges, an unsurveyed loss Is as good as
one that is surveyed. As 10 the immense
amOuar, possibly quarter of million
acres, of land passed over by the state,
| esore selecting the bargained away-in.
advance lands, and also as to the relative
Of 0acdRt and entered 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 sirteen forty acre tracts laid upon
the springs and watering places OF a
purely pastoral country. We transmit
two sffidavits maze by citizens of this
state and entrymen unde- the United
States land laws, end we can find any rea-
sonable number of men Throughout the
meuts made by affiauts.
We feel that the disposal of the gov
ernment lands to actual settlers, and the
development OF this portion oi the state,
will be retarded it in the matter of seec-
tions both contiguity and the size OF
tracts selected are disregsrded. 1t Is
probably not necessary for Us to add that
in our joint and several opinions the Sc
lectlons as made are against the interest
of the general government aud of this
state, and are against sound public policy.
We are -cnD>cisus ii.at We have 'argued
The question:" and can only plead our
knowledge of the "irue ingardness" of
the meter as justification.
RespecIiuily,
F. A MCDONALD. Register.
+. W. SLUsHEi,, Receiver.
I hereby certify that Ire i,regoing is
a true and correcl copy IF a letter ot the
register and receiver III tis office, bear
ing date November 26. 1889. as it ap-
pears of record in tl.is oiiice, addressed
10 the commissioner IF t,,e general land
Office at Washington, d Z.
JOHN W. LEWIS. Register.
ITEMS IN BRIEF.
Trains on time to-day.
Miss Minnie Wigle. of Crook county, is
In the city.
Mr.. Charles Durbin, of Antelope, gave
US call to-day.