The record-union., 1893-04-20

that each and all of such applications
| were to purchase other lands in lieu of
the sixteenth or thirty-sixth sections,
| situate within the limits of the forest re-
serves, hereinbefore set forth and men
/ toned; that during each of said months
such applications were SO presented, APP
/ plying to purchase lieu lands equal in
4 area to all of the lands of the sixteenth
| and thirty sixth sections, situate within
all OF the said forest reserves which had,
| up TO that time, been created and estab-
llshed; that there have been so presented
| applications which, in the aggregate, APP
| ply to select lieu lands for all of the six
teenth aud thirty-siXth sections situate
within the limits OF all of the said forest
reserves, and tor which the State is emit
tied to take lieu lands, under the said Act
/ OF Congress OF February %, 1891; that
more than 800 several and individual ap-
pllcations have been so presented to the
said defendant, and have been received,
hled, or noted by him, and retained in his
said office; that each of said applications
nave Deen accompanied by fee of s.; that
the relator is not informed, and therefore
cannot say with particularly, how
many OF the said 5OOapplications were filed
IN the said month of December, in the
said month OF January, in the said month
ofFebruary, or in the said month of March,
but have been informed and believes as
aforesaid, that as many as go applications
! nave been so received, filed or noted, and
retained by the said defendant, between
Deem Der l, 1892, and April /, 1898.
Inc relator, upon information and be-
lief, further says that the defendant has
not PAID into, or caused to be paid into,
The State Treasury any lee or fees re-
celVed by him as aforesaid. and which ac-
companied the applications hereinbefore
particularly set forth and described: nor
mas he made any written or other report
to the State Controller, stating the amount
OF fees so paid. or which accompanied the
SAID applications to purchase; but the de-
fendant has retained, and still retains, all
/ OF the sums which accompanied the said
| applications, and has made no report
concerning and has paid over no part of
! the same; that the defendant has not COM
municated with any United States Land
| Office, or asked that the lands described
/ in the said applications, or any thereof
| be accepted in part satisfaction of the said
| lieu grant, nor has he kept any record
whatever OF any of said applications, but
has locked the said applications in his
safe, and refuses to permit any inspection
OF the same TO your relator and all per-
sons.
The relator further says that he has
been informed and believes that the ordi-
nary course of law affords no certain,
! speedy or adequate remedy III the prem
! ises.
Plaintiffs therefore pray that an alter
! native mandamuS may issue to the said
Theodore Reichert, Surveyor General
and ex o1ficio Register of the State Land
! Onlce as aforesaid, commanding that un-
less he shows good cause why he
should not so do, on a day to be
nXed by your honor, he make written
| report to the State Controller, stating the
amount of fees paid to him during the
months OF december, 1892. January, 1893,
February, 1888, and March, 1888, and re-
ceived by him accompanying the appli-
cations to purchase hereinbefore set forth
ana described; that he pay into the State
| treasury all the moneys so received by
nm; that he permit your relator and all
citizens OF this State t. inspect the said
applications, and that he make a record
showing the number of each of the said
lieu applications filed with or received
by HIM between December l, 1892, and
April l, 1893, the name OF the applicant
thereof, and the description of the land so
applied for; and that he communicate
with the proper land Office and ask that
the lands described in the said applications
be accepted in part satisfaction of the
said lieu grant; and that upon his failure
to show such cause, that he be absolutely
and peremptorlly commanded by your
honor to do and perform all of said
things. VIM. SINGER. JR.
Attorney for Plaintiffs.
L hereby assent that the name of the
people of the State Of California may be
used in the foregoing matter, provided
and subject to the condition that | re-
serve the right to appear personally as
Attorney-Generalf for the defendant.
VIM. II. ii. HART,
Attorney-General
State of California, County of Sacra-
meto, ss.-E. B. Willis, being duly sworn
deposes and says: that he has heard read
the foregoing petition and knows the
contents thereof; that the same is true of
his own knowledge, except as to the mat
tiers and thing herein set forth on infor-
nation and belief, and as to such matters
he believes it to be true.
Z. b. WILLIS.
Subscribed and sworn to before me
this 18th day of April, 1893.
seal. WIN. b. HAMILTON, Clerk.
By E. WACHHoRsT, Deputy.