The record-union., 1893-03-30
THE QUESTION OF STATE LANDS.

Presumption rights and the Federal
system of public surveys were extended
to the State of California by Congress
sional enactment approved March 3, 1853.
Section of the Act granted the sixteenth
and thirty-sixth sections of each town
ship to the State of California for the
purposes of public schools. Section Z of
the Act provided that where the State
lost any part of a sixteenth or thirty
sixth section by reason of the settle
ment and entry of a pre-emptor, or
other disposition of the land by the
General Government, that the State
might select other lands from the public
domain, of equal area with the tract so
lost, in lieu thereof.
On the Goth of February, 1859, the Con-
gress passed an Act which, in addition to
the lieu selections that the State might
make, provided by the Act of 1858, con-
ferred upon the State of California the
right to select public lands in lieu of Sec
tions 16 and SO lost to the State by reason
of the surveys of such sections returning
the quantity thereof as less than $40
acres, and, also, to select other lands in
equal area for the loss of quantity to the
State by reason of the non-existence of
such sections in any township. So that
where, upon the survey being made,
part of any sixteenth or thirty-sixth
section was found in the occupancy of a
pre-emptor, or to be within Mexican
grant claim, to contain less than $40 acres
by reason of the survey, or that the State
had sustained loss of quantity by rea-
son of the sixteenth or thirty-sixth
section being in a lake, river or
the like, the State had a right to select
other lands in equal area with the
loss from unappropriated lands of the
public domain.
The State accepted these land grants.
and by legislative enactment has indus
triously endeavored to dispose of the
land protitably, in the interest of its
school fund. The State laws clothe the
Sarveyor-General with authority to dis
pose of its lands at 81 % per acre, and pro-
vide that all applications to purchase the
same must be made by the applicant to
him. The laws limit the quantity of ap-
ricultural land that one person may take
TO 320 acres, and the quantity of grazing
land than one person may take to 64O
acres; and provide that the applicant shall
made an affidavit, accompanying his ap-
plication, that he has not Heretofore en-
tered a quantity of State land, which with
that sought to be entered, exceeds the
quantity that one person is permitted to
take. The applicants affidavit must also
state that the application is made for his
own exclusive use and benefit, and not
directly or indirectly for the benefit of
any other person. IN addition to these
matters, the application of one seeking to
purchase lieu lands must describe the
land that he desires selecting in lieu of
loss sustained by the State, and the loss
must also be specified in the application.
Very early in the administration of the
States land grants nefarious systems
were resorted to by land sharps that have
resulted, in a large measure, TO defeat the
beneficial operation of the State policy in
disposing of its lands. The operators
have realized large profits from their
transactions, and have secured extensive
bodies of land for spectators, who paid
an intermediate price to them. 1t is not
the object of this article to explain the
resorts of these operators, although they
are quite efamiliar to US.
A statute was passed by Congress on
the 2Sth of February, 1891, which granted
to the State still further and additional
rights to select lands i'll lieu of losses
sustained within the sixteenth and thir-
ty-sixth sections. The aforementioned
Act provides that the State may select
lands of equal area for the part of any
sixteenth or thirty-sixth section re-
turned as mineral land, or included
within any Indian, military or other
reservation; that where any sixteenth