Daily capital journal. (Salem, Oregon) 1903-1919, 1905-02-03
STATE
LAND
AGENT
Reports Methods EN-
lOyed TO Get Title to
Mineral Base
Another Chapter From the
official Report of
Oswald West

Upon taking charge of my Office on
September !, 1908, 1 found that the
state for some time prior to 1903 had
been again attempting to make selec-
tions upon alleged mineral base, and a
large number of the lists had been re-
iected by the commissioner of the gen
eral land Office for the reason that the
evidence furnished by the state was
not sufficient to establish the mineral
character of the "base" lands, and for
the further reasons that some of the
base had been previously used or had
been sold in place by the state; that
General Odell as attorney for the state
had taken an appeal from the commits
sioner's decision, and action on the bal
pended awaiting the result of the ap-
peal. After familiarizing myself with
these matters set to work to make a
record of all pending mineral selee-
tions and the base used; l then, with
the assistance of the clerks in the Of
fee of the clerk of the state land
board, secured the addresses of all
those who had purchased lands covered
by the rejected lists and notified them,
that they might be informed as to the
condition of their titles and take such
steps as they saw fit to protect their
interests. / also found that large
number of selections made upon alleged
losses in forest reserves, Indian reser-
vations and fractional townships, and
on account of homestead entries, had
been rejected and calculated by the
general land office for the reason that
all of the alleged losses had been either
satisfied by previous selections or new
er had existed. The purchasers of these
lands also were notified and many have
had their money repaid them by the
state land board.
The mineral selections, amounting to
about 73,500 acres, had been made upon
base nearly all of which had been fur
nished by General Odell, who had con-
ceived the idea of having large unm-
Der of school sections lying in remote
and mountainous parts of the state ad-
Indicated and returned as mineral that
they might be used as base for indem-
nifty selections. General Odell in his
brief on appeal from the decision of
the commissioner of the general land
Office to the secretary of the interior
gives the following account of the hear
ing had at the La Grande land office,
where most of the lands were adjudi-
Gated, and the proceedings in the other
districts were the same.
September IL, 1900, the state of
Oregon made application to have the
lands in a large number of school sec
tions, not 80 returned, but which were
alleged to be in fact mineral and there
fore not the property of the state, ad-
judged mineral, so that it might select
lands in lieu thereof under the pro-
visions of section 2275 as amended by
act of February 2s, 1891 (s6 Stats
1867. Said application was made to
the register and receiver of the United
States land ofiee at La Grande, Ore
The application was based upon the
ex parte affidavits of miners, who tes-
titled to their personal knowledge OF
the mineral character of all the lands
alleged TO be mineral. The said regis
Ter and receiver personally knew many
Of the men who made the allegations
of the mineral character, and after
careful consideration ordered hear
ing in conformity with department
letter N, bearing date November Fl,
1894.
II Testimony was taken, as per order,
before Joseph A. Wright, notary, OF
Sparta, Ore, commencing December 3,
1900, and before Clarence Cole, notary
public, of Baker City, Ore, commence
ing December 10, 1900. The testimony
thus taken was transmitted TO the reg
lister and receiver of the La Grande
Ofhee, and after careful consideration
the following findings were had;
Now at this time the above entiT
ded application for an adjudication OF
snds, by the state Of Oregon, came
pa for determination pursuant to mo-
nee duly given and after due and care
nj investigation and consideration Of
ne testimony heretofore taken before