The record-union., 1893-05-02
REICHERTS ANSWER.
Some Things He Admits, and Others
He Denies.
lie Says, However, That He VIII I'm.
hesftatfngly Obey Any Order
of the Court.

| Iheodore Relchert, the defendant IN the
case of the People by relation of L. B.
Willis vs.. Theodore Reichert, Surveyor
| General and eX officio Register of the
State Land Office of the State of Califor-
MIA, has filed in the Superior Court an
answer to the complaint.
He admits that the first reservations
mentioned in the complaint were re-
served by the proclamation of the Presi-
dent, but denies that the reservations (in-
Guiding the unsurveyed sixteenth and
/ thirty-sixth sections granted to the
| United States for lieu selection basis
amount to 100000 acres.
He admits that during the months
mentioned in the complaint certain ap-
| plications were presented to him as Sur
veyor-General and Register to purchase
certain lands in lieu of certain sixteenth
and thirty-siXth sections of the reserva-
| ton, but alleges that for reasons mentioned
hereafter he is unable to give the number
of such applications or the amount OF
| land SO applied for, but denies, on in
! formation and belief, that there were ever
| more than about 200.
| He also denies, on information and be-
| lief that said applications applied to pur-
teenth and thirty-sixth sections.
! He further denies that such applications
were ever received or filed by him or any
| person in his office, or are retained in his
| office in any other manner than is here
after set forth, or that he ever received a
fee of 50 on them, or any other fee, ex-
| cept as hereafter stated.
He alleges that since the reservation OF
| said timber reservations it has been an
! open question whether he, as Surveyor
General, had the right to select lands in
! lieu of the sixteenth and thirty-sixth sec
! tions in the absence of any Act of the
| Legislature, or how such lands, if selected.
were to be applied. That is, if the basis
of said applications should be applied to
the amendment of certain applications
heretofore made, and the bases selected.
which bases failed, without any fault OF
the applicant or the State of California,
! but solely on account of the act of the
United States Land Com missioner: or
| whether there should not be any of said
bases used IN such amendments and the
! same should be allowed to applicants in
the order in which applications were pre-
sented, without regard to any amenda-
! tory applications whatever.
| Also, that while these questions were
pending various applications in the nett
ton mentioned were presented to him by
various applicants; that he in every case
! ICluStu 10 ItCGiNG luSIl OF 10 nI1 note
| them until the said questions were de-
! termined; that every one of the appIica-
tions were left with him pending such
! settlement, with instructions to him to
tlle them ii it was settled that such appli-
cations could be filed.
That said applications, as he is informed
and believes, are done up in numerous
| envelopes and packages, and sealed by
| the applicants, and he is informed by the
applicants that in most cases the fee for
filing such applications are sealed up in
such packages.
That he has never examined the pack
ages or the applications and does not
know the number of them or the
amount of money sealed up in them.
! Furthermore, that he has for long
time been trying to have the questions
! determined as to his rights and duties in
| the premises, and, after failing in many
| endeavors, he at last selected three law
/ yers of reputation and ability-Hon. L. S.
| Pillsbury, Hon. Byron Waters and Hon.
! 4. l.. Hart-to advise with him in rela-
! ton to said questions, and fixed a time
and place for the applicants to appear be-
fore him and be heard. They did so ap-
pear, and the attorney for the relator
also, but the Advisory Committee did
! not render any decision prior TO the COM
mencement of this action.
He has never refused any citizen of the
State an inspection of any of the records
/ or documents on file in his Office, but he
is of the opinion that the said applications
are not public documents within the
meaning of the law.
/ He has not made application to the
various United States Land Offices for
/ the lieu lands mentioned in the applica-
tions, for the reasons before set forth, but
should the court be of the opinion that
| he should file the applications and make
| a record of them and communicate with
| the United States Land Offices concern
| ing lieu lands mentioned in the applica-
| tions, he is ready and willing to do so,
and to allow relator and every other citi-
zen of California an inspection of such
documents as soon as they are filed and
/ untad