Daily capital journal. (Salem, Oregon) 1903-1919, 1905-01-21

there is an honest effort on the part
Of the mineral base hunter to consum-
mate the undertaking, but as he is not
under bonds or legal contract to per
form such service, and as he is uni
formly paid in advance, there is moth
ing very strange or irrational in the
assumption that several thousand
acres of those selected in this way
were never intended to be adjudieated,
and that school sections were assumed
TO be mineral with fraudulent intent. \
| When economically managed, adiu-
dicatiOn does not cost as much as the
basis sold for, and therefore it would
be paying business to procure affida,
Wits of mineral character, realize upon
the basis and go through sham ad-
judication.
OF the more than 10000 acres of
mineral basis upon which lieu lands
have been sold only about 26,000 have
been confirmed to the state, the re-
naming thousands having been can
celled by the general government.
1t is not to be expected that any
business can be carried on without an
occasional error, and the land bust
ness, from its complexities, is especial
ly subject to inaccuracies and mistakes.
1t is, in fact, a speciality requiring
careful and long-continued training,
both of the pereeptive faculties and
those of the understanding, as we'll as
strictly methodical habits. But max
ing all allowances for human imperfec-
tions and the intricaeies of land office
business, should we nationally expect
to find in the land office basis used
twice or more times to the amount of
more than 1000 acresR Such, however,
is the case, and it means that citizens
of the state have been defrauded to
that extent. The commissioner of the
general land office gave rough esti-
mate that 10000 acres of lieu land.
selected by the state will be cancelled
for the reasons already given, which
may be recapitulated as follows, to-
wit: Lieu selections in conflict with
persons holding under United States
laws, and in conflict with state lands
previously taken; second, selections in
| lieu of false mineral basis, $4,000
Iacres; third, selections on basis calcu-
lated in unsurveyed townships, 5000
acres; fourth, selections on duplicate
basis already given, 1000 acres. The
decision as to several thousand acres
of selections is still pending at Wash
ington on account of imperfections in
the proof adduced as to the mineral
character of the basis.
Mr.. w. r. Radir, said to be the first
person who ventured into the field of
speculation, and the one who has done
more than all others to prove the min
eral character of otherwise worthless
school sections of Eastern Oregon, is
at present busily engaged in adjudi-
cating them, with some prospect of re-
dueing the aggregate of undetermined
or false basis before given. And though
the experiment of buying lieu land
lupon unproven mineral basis has been
rather a losing investment to many OF
our citizens, the state will be the
lgainer, perhaps more than 10000
acres of land as consequence of such
unsolicited ventures. But after the
lmending of proofs there will still re-
main some 10000 to 10000 acres of
Cancelled lands for which the state has
given deeds or certificates Of sale, and
thereby laid itself under obligations ia
assist in extricating the purchasers
from the embarrassments arising from
defective title. 1t is easy to say that
purchasers of lieu land were required
by law to find their own basis by them
selves or attorneys, the state is not tc
blame, and should not be held respon
sible, but while this may be the legal
Iview of the case it affords no practi
cal solution of the problems growing
out of the very imperfect Legislation
of the past If the legislature adopts
an impracticable requirement or one
that must inevitably lead to trouble
by leaving the duties of officers SC
vague as to practically abolish theii
responsibility, certainly it is not prop
er to insist on a strict construction OF
such legislative enactment to the in
Iiury of well meaning persons who have
been misled by the action of non-actior
of laundering or corrupt officials.
Citizens are inclined to trust the
state, and they look upon parchment
bearing its great seal with confidence
as an earnest and reliable pledge, anC
not the voidable trick of an officer fol
whose delinquencies the state takes nC