The record-union., 1893-04-08
LIEU LANDS AGAIN.
Edward TwitcheII on the Law and the
Practice as to Public Lands.
How the Spectators Operate - Bad
Practices In the Disposal of Pub
lie Lands in this state.

State Land Register, but for the past few
years has retired from active duties in
life.
- hEcoRD-bNIoN representative IN
CURED yesterday of Mr.. Twitchell con-
corning his knowledge of lieu lands and
land matters in general, and the follow
ing conversation was the result. Mr..
Twitchen clearly impressed the RECORD
UNION representative with his belief that
the opportunity for speculation in State
lands has all along arisen out of rules of
administration, and not out of statutory
coercion:
How long were you related to the Of
fee of the Surveyor-General,M Mr.. Twitch-
ell?'
II was there about twenty-one years"
In what relation?"
~ nder three administrations l was
Deputy Surveyor-General and Deputy
Register of the Land Office.r
What knowledge have you that you
are willing TO give to the people relative
TO lieu lands?"
''In 1868 the ct to create the State Land
Office and providing for State Locating
Agents, one for each United States Land
District, was passed. The duties at that
time were to select the unsold portion of
the 500, CO0-acre grant,
nat was that grant!'
ut was made to aid the State in max
ing internal improvements. The State
determined TO utilize it for school pur-
poses"
How was it disposed Off"
st was sold by the State for cash at
u % an acre, with the privilege of paying
but 70 per cent. of the principal and in
terest. On such payment one could go III
and take possession if he wished"
How did that grant become related to
indemnity or lieu, if at alp
In 1861 or 1862 an Act was passed pro-
vlding for the sale by the State of the six
teenth and thirty-siXth sections, and the
land in lieu thereof which the State be-
came entitled to, and known as in
demnity lands. 1t became the duty of
the State inexperienced, aided by the
District Locating Agents, to ascertain the
condition of all OF the sixteenth and
thirty-sixth sections in the State. If the
State title was not good, in consequence
OF presumption or other claims, the State
was entitled to lieu or Indemnity"
That is, sir, 10 take other lands that the
Government had?"
Yes, that is it, The locating agents
made public the fact that they had such
lands tor disposal. If the land was of the
indemnity class, the agent, from the
available basis in his district, as shown
by his prepared lists, supplied each ap-
plication with the proper basis.''
What is basis ?''
ut is that portion of the original grant
to the State that has been lost because it
could not be awaited of for any of several
reasons, perhaps. Now, the applicant to
locate lands knew nothing Whatever
about basis. Probably not one in ten
knew the meaning of the term as used in
their Selections.o
who of the general public knows
about lieu or basis?"
II think very few 1t was not the bus
mess OF the applicant to know about
basis. Such locations were sent to the
State SurveyOr-General by the District
Agent for approval"
w hat then?'
I'm 1865 an Act was passed abolishing
the district agencies and making the State
urveyor-General eX otficio locating
agent for the whole State. At this stage
in the history of indemnity locations the
trouble began"
How ?'
IF the Surveyor General had dis
charged his duty properly and carried
out the plan adopted by and required of
the District Agents there would have
been no trouble. He should at once have
made up list of the available lien
made public the fact that there was at
that time so many acres of indemnity
land subject to location, free and open to
any and all entitled under the laws of the
State to take. The Surveyor General, as
eX othcio locating agent had the same
power as the old District Agents and
should have exercised supreme control of
the disposal of the basis"
But what did in fact tollow?v
Instead of doing as 1 have said he
should, the Surveyor-G General allowed the
basis to become subject of barter and
traffic among the land operators, each one
acting independent of each other, all
scrambling Tor the same basis. Under the
y land Il 4
passed by the Legislature providing for
the sale OF lieu lands, and worded so as to
place no restriction as TO quantity en-
braced in the location. Large applica-
lions were made, known as and spoken
OF by the knowing as dummies or
pots"
Were these applications approved?"
mo, there was never any approval of
them. But the land held thereby as basis
was drawn on and sold t. some one at
from two and half to four dollars per
acre, in addition to the State price for the
land itself of 81 % an acre The law
never contemplated that the purchaser
should be at the expense of one cent
beyond the purchase price aud the legal
fees. Yet the land cost him nearly So an
acre, of which the State school fund got
but 81 p. 1 am referring now to
what occurred during the four or eight
years after the locating agents were all
AS these matters came under my per-
sonal observation l know about them, /
believe it is generally known or believed
that the same line of policy has been pur-
sued ever since. l remember about the
time l refer to seeing published in the
San Francisco papers a notice by the no.
torious Captain John Mullan of a great
many thousand acres of lieu or basis for
sale-I do not know the number of acres
something he had just as much right
and no more, to offer for sale, as he had
to offer the books in the State I,ibraryD
did you hear Mr.. Singers statement
before the Surveyor-General?'
"Yes, sir"
"What do you think of his statements?"
81 fully concur in his remarks. If be
had had the time, and the knowledge of
my experience in the matter, he would
have made even a stronger case, 1 may
be permitted 20 say, against the land
sharks who have been the curse of this
State. l also listened with attention to
the remarks of MIR. Hyde. He is an easy
and fluent speaker, and presume made
the best he could tor his case. In reply
to him, will say that l am not familiar
with the law governing the disposal of
school lands in other States, as referred to
by him, so much inferior TO ours But
let me say, that If l can be made aware
that there is any State in the Union.
where in the disposal of the State lands
the interests of the State, the bona fide
settler and the State school fund, have
been ignored to the extent that they have
been here, shall be greatly surprised"
'Can you tell me anything more about
the 500. 000-acre land grant and the old
land warrants relating therefor"
''Yes; 500, 900 acres were given to the
State for internal Improvements. The
State saw tit to apply 1t to school pur-