Daily capital journal. (Salem, Oregon) 1903-1919, 1905-02-03

ia, Ore, he being the duly authorized
and commissioned notary public to take
such testimony as should be presented,
we find as follows:
THAT the testimony of the witness,
direct and eorroborating, and there be-
ing no protest or objection offered,
shows that the following described
lands are such lands as are within the
contemplation of the act above set
forth and under which this hearing
was ordered, and are Of such char
acter and were at the time of the sur
vey thereof mineral in character and
valuable only for the mineral therein
contained and should be held by the
United States, and that the state of
Oregon should be allowed to select 9th
er lands in lieu thereof: (Then de-
seribes about 30 settions)
"Now at this time the above-entitled
application for an adjudication of lands
by the state of Oregon, came on for
determination pursuant to notice duly
given, and after due and careful in
vestigation and consideration of the
testimony heretofore taken before
Clarence Cole at his office in Baker
City, Ore, he being the duly authorized
and commissioned notary public to take
such testimony as should be presented
we find as follows:
That the testimony of the witnesses,
direct and corroborating, and there be-
ing no protest or objection offered on
behalf of any person, shows that the
following-described lands are such
lands, are within the contemplation of
the above act set forth and under
which this hearing was ordered, and
are of such character and were at the
time of the survey thereof mineral in
character and valuable only for the
mineral therein contained and should
be held by the United States, and that
the state of Oregon should be allowed
to select other lands in lieu thereof:
Then follow descriptions of about 65
sections.)
"It will be seen from Mr.. Odell S
account of the proceedings that the APP
plication to have these lands adjudi-
Gated was made by the state of Ore
gon, and as no one but the Governor,
or some one acting for him, could ask
for this hearing in the name of the
state, he was without doubt aware
of the proceedings, and had, or should
have had, list of the lands to be ad-
Indicated, and should have seen that
they were withdrawn from sale until
their character could be determined,
for, if they were, as was being alleged,
mineral in character, the state did not
have title and could not rightfully sell
them. And furthermore the state was
attempting to establish the mineral
character of school lands, some which
had been sold to innocent purchasers
and had it succeeded would have there
bv defeated its own titles and left the
many purchasers with no recourse but
that of recovering the money they had
paid the state for the land. These
lands should have been stricken from
the list, and those not sold withdrawn
from sale that they might be used as
base. in event their mineral character
could be established, without defeating
someone's title. But on the contrary
the sale of these lands continued with
out interruption while they were being
adiudicated, and long after, even when
they were being used as base for in
demnity selections and any claim the
state may have had to them was being
thereby relinquished to the United
States by the Governor.
"The using of those lands, which had
been sold in place by the state, for
base did more than anything to cause
the rejection of the mineral selections
by the general land Office, for few OF
the lists had been approved, and 9TH
ers would probably have gone through,
had not a protest, fled by the owners
of school sections which had been used
for base by Mr.. odell and the state
land agent, caused an investigation by
the commissioner which led him TO be-
lieve that the state was not only act
ing in bad faith towards its grantees,
but also was trying to unload onto the
government lot of worthless lands in
their stead"
SURE Cure for piles.