The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-07

lected on basis of lieu found not good,
and all lands heretofore sold by the State
TO bona f1de purchasers as swamp and
overhowed, which, in fact, were dry
lands.
WHAT CALIFORNIA HAS RECEIVED.
-, Inc total area of all public lands within
the state of California is 0,000, 900. If
from this be deducted for State lands
9,oOO,oOO acres; for Mexican grants, 9,0O0,
wv acres; for lakes and rivers, 800, 900
acres, we have total of 10000, 900 acres,
when suDstracted from the total area of
Inc state leaves so, 900, 600 acres as repre-
Sentlng the public lands within this State
belonging to the General Government.
AS the quantity shown to have been
granted TO the State is $780, 600 acres, it
Illustrates that the States percentage of
an the lands within the State is equal to
II per cent. of the Federal Government
ownership.
TIE STATES RIGHT TO SELECT.
The State of California is entitled to
select for the loss of sixteenth and thirty
sl1th sections situated within Mexican
grant claims the quantity of 40, 900 acres;
LOT sixteenth and thirty-six tn sections
falling within lakes and rivers, 5000
acres; for the parts of sixteenth and
tnlrty-slxth sections covered by pre-
emptlon entry, $1,000 acres, making a
=,
Titled to select lieu lands prior to the pas
sage OF the Act of the 18th of February,
1881, OF $4,000 acres. The Act of Con-
gress OF the 18th of February, 1891, con-
1ers upon the State a right to select in
demnlty for sixteenth and thirty-sixth
sections lost to it by reason of the lands
being mineral to the quantity of 100. 900
acres. This Act also provides an option
1or the State to select indemnity for the
sixteenth and thirty-sixth sections that
lalI within the limits of various reserves
created by the President of the United
states. The State may select indemnity
Tor the sixteenth and thirty-sixth sec
lions unsurveyed at the date the forest
reserve is made, or it may await the sur
veying of the same, and take the sections
IN place. Should the State elect to select
indemnity for the loss of such unsur-
yeyed sections, this would add for the
forest reserves already made about 100, 900
acres to the States indemnity right.
furtner additional forest reserves are eX-
pected which will increase this indem-
nifty right of the State to probably 300. 900
acres for the unsurveyed sixteenth and
ihlrty-sixth sections within such re-
serves.
FOREST ESERVES-AUTHORITY OF THE
SURVEYOR-GENERAL.
In the proclamation of the President
of the United States giving his reasons
that have induced him to make the forest
reserves, it is stated that they have great
value, and for that reason the sixteenth
and thlrty-siXth sections would seem to
have within the forest reserves q pecul-
iarly high value. The question we are
met with at the threshold is whether the
State Surveyor-General has authority to
exercise that option that is conferred
upon the State of California, without any
statute clothing him with such author
lty. l do not know of any general stat
ute clothing the Surveyor-Gener with
authority except provision that he may
make such rules and regulations as are
necessary to operate the State laws
relative to the disposition Of public lands.
do not think the Surveyor General has
such power. That is the first question
you Will have to consider III the deter
mination of this matter.
Commissioner Hart-As I understand.
the Act of Congress gives the State an
option to select lieu lands for the six
teenth and thirty-siXth sections within
the forest reserve?
Mr.. Singer-Yes, sir.
MIR. Hart-And the question you pro-
pound IS whether the Surveyor General
has any authority TO exercise that op-
ton?
Mr.. Singer-Let me explain. Lands
that are found within the occupancy of a
oOSOASl az VIC llIllG lu6 survey Is made III
the held are excepted out of the grant to
the State of California. The Surveyor
General has the power to select on the
part OF the State of California other lands
IN lieu OF those lost as such, because the
Act OF 1903 provides that in case a settler
IS found in the occupancy of such section
when the survey is made the State
OF California shall select other lands in
lieu thereof, and Section 3407 of the Po-
lltlcal Code provides that the Surveyor
General, when the application is made to
him to select lieu lands, shall COM
municate with the Register and
Receiver of the United States Land
Office and ask that the selection
sought to be made shall be attached to the
State In part satisfaction of that grant;
but the Act of 1891 confers on the State an
option to select indemnity tor the six
teenth and thlrty-sixth sections unsur-
Veyed and falling within the forest re-
serves, or to await the survey, and take
the sections themselves in place. If the
survey Is awaited, and sections sixteen
and thirty-siX within the forest reserves
are found not to be occupied by settlers.
the title OF the State to them in place is
thus perfected, as the title of the State at
taches at the time of the survey to the I'M
occupied lands, and the Act of 1891 pro-
vides special option in the State of Cali
fornia to either await the survey and take
the sections. or in advance relinquish the
sections and take lieu. | know of no
statute which clothes the Surveyor Cen
eral or any other officer of the State with
power to exercise that option. In adj
vance of its declaration of its will, il does
not lie in the mouth of any man to saw
what the Legislature in the proper exer-
else OF its powers may declare for that
option.
DO THE PEOPLE HAVE NOTICE?
have not been able to find that report
has ever been made by any officer of this
State which gives notice to the peopf6 of
the State of the quantity OF land that NAV
be purchased by them, of their rights
under the law, to the sixteenth and thir-
ty-siXth sections that are surveyed and
subject to their selection in this State
The only report that l have been able to
find is the last one made by General
Relchert, in August, 1892, and call your
attention to 1t Tor reasons that will ap-
pear later. The report commences with
a certificate of its authenticity. Next fol-
lows a statement of the estimated area
of the State of California and its amor
tionment, and how many acres of agri-
cultural and mineral lands in this State
were surveyed up to June, 1892 1t shows
how many acres were unsurveyed at that
time, the area in private grants not
settled, Indian and military reservations.
lakes, islands and rivers, swamp and
overhowed and tide lands, and next fol-
lows a report of the general office bust
ness which shows how many applica-
tons have been filed since 1850 in this
office. 1t shows the fees that were col
lected and trned into the library fund.
and the mum Der of cases that have been
referred to the courts for adjudication.
and then follows communication of no
general interest. Next is an Act to de-
tine the duties OF and to license land sur
veyors, and then is list of some land
surveyors, and the pamphlet ends there.
AS the lands of this State We're offered
for sale so cheap, and as it has never been
IL; IL l.. IL l.