Daily capital journal. (Salem, Or.) 1896-1899, 1896-01-03
{ EU ADMINISTRATIONS.
II Is M.Apx OK FALSE OR LIE M
BASES.
LAND AGENT DAVENPORT L.
WHAT A COOP ACT OF TJI: LAsi'
LRaIsLATunR HAS REvEiLEp.

For several months past, the fs5crd
| land officers Of the state have be
transmitting TO Governor Lord notice
from the commissioner Of the genera
land Office at Washington, that Ger
tain lists Of lieu land selections mad
during the last four or live years ar
hell for cancellation, and giving tn
state from 30 to 60 days in which f
sh0R clusc why they should not b.
cincelled. Tie reason given for 81
! holding them, Is th3s tile said Selec
tions were made upOn f;l.e or illegu
bases. These lists which are numerous
Include scores Of tracts ~ lands, sold
| by the state 10 as many individuals,
citizens of the state, Wdcse addresses
are unknown 90 the =. lte officers, and
who cannot therefor he apprized Of
the critical condition of th-ir hold
lugs except by publication.
That such q condition Of affairs
should ariac, by whi'h ~ many per-
sons holding state deeds or certificates
Of sale, are to be dlspo ies4cd Of their
purchases cannot be referred to mere
clerical errors, and Cn the face seems
n imply that there has bsen dense
ignorance or extensive rosrality on
the part of those officers charged with
the management Of land nlaitrrs.
And this IL an ad1ii Ional reason
why It Is deemed necessary 10 publish
along with the list 0f names brief
account OF the methods adopted by
the state, to list and sell the lieu lands
10 which II Is entitled, and lnoidents
ally to give some explanation Of the
present rather troublesome results.
Not a few people believe that the
state IL, or ought 10 be held RESPONSE
BILE for every thing done in It's name
and by Its oficers, and that when II
executes a deed for piece Of land II
IL legally and morally bound to make
the title good. IL Is almost needless
20 say, these are errors which q
moments reflection must dispel.
How would II do In indlvidal trans
actions to depart from the present |
safe and just rule, that an agent can.
not bind his principal as TO business
outside of the agency, or In matters
between the state and its citizens, TO
Insist that whatever an officer might |
DO the state would be bound by lt9
The fact IL and must he, that the
extent 10 which state may be bound
by Its officers, Is set forth In the laws;
and II deed be given in the name OF
.he state, but In derogation OF law, II
4 nullity. An illegal act though
lone by an officer and in the name of
4 the state, is still Illegal and binds
Iobody. The Oregon state law said
he lieu land selections shall be "made
n the manner prescribed by the laws
4 the United States;n but whore
ract Is selected In lieu Of so-called
base without such proof as
he United States law required to
stablish ita mineral character, both
he state and federal laNs were
gnorod by the state officers.
There Is nothing unreasonable or
apricious, therefore, in the holding
or cancellation all such selections.
IL IL just what should have been
expected by the state land officers aud
he registers and receivers OF all the
ederal land otiices in the state. I
The truly strange aspect Of the case :
., that the state land office should 9
make selections IN known conflict !
nth the United States laws and I
hat the federal land officers should .
yer permit one Of them 20 pass 10
The laws governing the selections OF I
eu lands have been long In operation; {
very land ONCE In the state Is In I
ossession OF them and OF the Judicial \
eclsions made under them. :. The rule d
lst "lleu land selections based upon 4
llculRted deficiencies In unsurveyed O
'wnshlps, are invalid" has been h
'clared over and over again, and yet
has been habitually violated by the v
RECON land office. 4
The rule, that whore selections are b
ade TO compensate for school sec v
ons alleged 20 be mineral, 1.-THE proof y
ust be that the mineral exists In o
iylng quantities. is old and well h
tablished by judicial decisions, and
! a violation Of II has been the $,
ineipal stock In trade of some ore. G,
N lieu land attorneys. G
IL goes without saying that one n
'se should not he used Tor two or
ore selections, and 80 the courtsi =,