The record-union., 1893-04-07
THE STATE lieu LANDS.
[ooNT1NUED FROM FOURTH pAeE.1

would refuse to do business with him. II
all such foolish applications were to be
accepted ana filed the Surveyor Generals
once would not hold them all, and the
officer accepting them would be ridi-
culed: Ii Section 1906 of the Political
CODE be construed as literally as Mr.. Hart
contended he would have TO file every
thlng offered to him, which would, of
course, be impracticable. The rule had.
therefore, been established that there
must be valid basis, or presumably
such, for each application. Otherwise
there would, be complication of the
records.
In conclusion, Mr.. Hyde said the Sur
yeyor-General should be censured if he
dld not exercise care to see that there was
reasonable basis for each application
MED with him. The Government LAID
once had blamed the State Surveyor
GENERALS Office for looseness in this par
ucular, which had resulted in dual appli-
cations; but he believed the present Sur
Feyor-General was doing his best 10 SUBJ
serve the interests alike OF the State and
the settlers.
10 Commissioner Hart Mr.. Hyde said
the Surveyor-General properly, in his
opinion, allowed the amending of appli-
cations, as 1t facilitated the transaction of
business between his office and that of
the Federal Land Office.
DIVERGENT VIEWS.
Mr.. Nelson, another land attorney, ar
gued that the prior application had the
nrst claim upon location, by the priv
Hege of amending his application. The
practice OF the Surveyor-GeneraPs Office
IN That respect had made it legal, he being
Inc agent OF the State. He argued that
the Surveyor-General must apply to the
hrst application valid basis when found.
Chuer questions propounded by the
commissioners, Mr.. Nelson became
somewhat confused, and several OF the
0ther land lawyers present attempted to
help him out, but they could not agree
Zach argued from different "basis'' and
gave wldely-varying views on the ques-
ton at issue.
Mr.. Nelson said. in conclusion, that
whenever the Surveyor General finds
That an applicants basis is void it is his
duty 10 give the applicant a filing on
another piece of land by amending the
basis.
REMARKS OF a. C. HINKSoN.
A. c. Hinkson said the foundation of
the matter, he thought, had not been
fully established. Statutes are not al
ways construed exactly as they read, and
the material thing to consider in con-
strung the State law governing the con-
duct OF the Surveyor-Genera's office
should be the evident intent of the Legis-
lature. Mr.. Hinkson argued that the
proper rule would be, in the treatment of
iand-seekers, first come, first served"
bona tide applicant the first choice, when
his basis IS found to be void, in selecting
valid location. That is the intent and
should be the letter of the law. There
seems to be prejudice against the first
applicants for land locations, and an nm
reasonable one. 1t should be Just the
other way.
MIR. Hinkson defended the class of per-
sons known as land agents from asper-
slons cast against them, and said their call
ing was necessary and legitimate one
Inc tland-seeker cannot get the informa-
ton he desires about lands, and it is bet
ter for him to pay little more to the
lawyer or agent who makes business of
looking up these things than to attempt
TO do it himself.
WHERE ARE WE AT?"
Commissioner Waters-What want to
get at is this: Is there anything done on
the part of the proposed purchaser in
writing which designates the land in lieu
OF which he is buying this particular
tract?
Hyde-There has never been any par
tlcu!ar form OF paper or application that
has been necessary. Sometimes the pur-
chaser sends it up; he Will make it out
and send up lot of papers and ask the
Surveyor-General to sign them. Any
thing at all that brings the attention of
the Office to the fact that the location is ir-
regular has been considered sufficient. 1
say this: That the Surveyor General has
never required any particular form of
application. 1t may be done by letter. or
IN any way that will bring it to the atten-
ton of the office.
Commissioner Waters Why do we
talk three hours and half about amend
ing applications, when there is nothing on
the face OF the application at all for
amending it?
Hyde-We do not mean amending the
application OF the applicant in this office,
Commissioner WaterS-You are talk
ing about amending the application of
the Survey to the Govern
ment Land Office.
Hyde-All the time, There is no such
thing as amending an application in this
Office. 1t is either good or bad accord
ing to whether the affidavit conforms to
the law or not. We are talking about
the applications signed by General
Reichert that goes to the Register. The
point wish to impress upon you is this
it needs no application by the land
seeker to the Register. 1t is the duty of
the Register to do it just as soon as he
knows 1t. 1t makes no difference how
he knows it-whether it comes from the
applicant or the Commissioner, it is his
duty to amend it.
Commissioner Waters-In other words
you press the button and he does the
rest?
Hyde-That is it.
j. :. Story, attorney for an applicant
explained how he had made an error i'm
his clients application, and afterward
discovering the mistake made affidavit
thereto, but that he was not allowed to
amend.
General Reichert said the Government
Land Office always permitted the Sur
veyor-General to file amendatory appIi-
cations. AS to the case of Mr. Story. he
gave specific reasons for his refusal that
applied TO that particular case. lie stated
what these were.
DUTY OF THE SURVEYoR-GENERAL.
Commissioner Waters said he did not
consider that the applicant had anything
TO do with the matter of basis. If the
State had any unoccupied lands available
he regarded II as the duty of the SURVEYOR
General to himself select the basis for the
applicant
AttorneyGeneral Hart briefly argued
that the Surveyor-General, as agent for
the State, could waive the right of the
State TO any unsurveyed lands decided to
the State, and select in lieu thereof nm
surveyed lands. He quoted Section 3406
OF the Political Code, as follows:
The Surveyor-General must, when
ever application is made 10 him for any
portion OF the lands mentioned in Section
1898, communicate with the nited States
Land Office, and ask that the lands de-
scribed in the application be accepted in
part satisfaction OF the grant under which
il is sought TO be located"
AGAINST THE LoCKED-UP APPLICATIONS.
w. Bradtord-I represent certain per-
sons whose applications were filed sub
sequent 10 the Presidents proclamation.
presented these applications and asked
that they be filed, but the Suryeyor-(ien-
eral refused to file them. The claim was