Daily capital journal. (Salem, Oregon) 1903-1919, 1905-01-12


piperal lands he failed 10 notify n
cierk Of the state land board Of N
Tact, ~ that said lands could be will
drawn from sale, and 30 noted on th
piats Of the Office. Jt resulted frOi
fhis neglect that the records of N
elerk's 0fIice would frequently show
section Of land as open TO sale, whe
~ . matter Of fact the same had al
ready been used as a basis for indem
nifty selections The commissioner o
the general land Office, not being salts
hed with the rulings Of the several 10
eRi land Offices in adjudging the land
shove mentioned as mineral. for sey
afal reasons, amongst others; (D I'm
su1iciency Of proof as 10 the minera
character; (2) prior sales Of the sams
land In place. (5) prior use Of the
name land az base for indemnity se
'oction; (4) insuficieney Of descrip.
Zion Of the alleged base land, held the
Indemnity selections 20 nearly all OF
Ibis land for cancellation. General w.
n. Odeil, who occupied desk room In
be Office Of the state land agent, con.
iueted the proceedings in adiudicat.
ng the 10000 acres referred 90 as
mineral before the local land Offices,
md was appointed by the executive as
tgent and attorney for the state TO
undertake 10 sustain the indemnity se.
oetions In the general land depart
nent by furnishing the proof required
~ 10 the mineral character OF the
ands Ia question, aud upon my assum.
pg the duties Of the executive Office
continued him In the samo position
'or the following reasons: First. He
vas willing 60 furnish his services Rra-
uitouuly and pay all the expenses in.
sufred. Second. Having adjudicated
heee lands In the local land Offices, II
fna presumed he was familiar with all
be facts Third Having furnished
he alleged base TO purchasers of In.
lemnity lands for consideration Of
rom 10 cents 20 sl.50 per acre. no man
q the state was more deeply interest
d than he In establishing said base as
aineraI- Fourth. TO have removed
i'm during pendency of proceedings In
he general land department would !
ave furnished ground for the charge |
\ ease Of decision adverse 10 the in.
emnity purchasers that but for exec.
tive Interference the decision might /
avs been favorable because OF Odeil -
amlliarity with the facts. The attor.
~ general was requested by me 90
ender what assistance he could 20
General Odeil In the trial Of the eases
cfore the general land once on ap.
onl.
The honorable secretary Of the In
nrioF has practically held for concel.
ition every selection made on base
nfnished and sold by General Odell.
. these selections have been held for
Aneellation, the state land agent has
otiiied all the purchasers from the
ate Of the condition Of their titles, II
nd OF their right under tho law 20
,eover back the amounts paid by 4,
lem 10 the state ~ tho purchase price \
tho lands. II will appear from !
ie report OF the clerk Of the state i
nd board that up 20 the end OF the i
seal year PIG claims have been pre- h
.nted 20 the state for repayment ON
l,h6b.06 acres OF indemnity school land
lected prior 10 January 1, 1903, hi
Mounting TO t774l9.70 of principal a
ID interest, while ~ claims for re. y
lyment on 3,77T.16 acres Of sahool q
nds have been presented and paid, IA,
nounting 60 t6.3s5.55. The end il
! yet, and in ali probability claims v
u bo presented for repayment OF an /,
aount almost an large as that already a,
ld. i have bad much correspond. 4,
% With tho honorable secretary OF Itl
, interior aud tho honorable commits. A.
'ner Of the general land oiilce In ref :,
lnce 10 these indemnity selections IN
4 have endcAv0red 10 sustain them y,
~ 30 avoid refunding from the ire, M
ptble school fund the amounts which Ca
had received from their sale, but ,,,
attempting 10 sustain them all 1
. not aware Of tho fact that many lie,
'nnand acres Of this alleged mineral Az
- had either been sold Ia place by in
} state prior 10 It's attempted use M
the basis for indemnity selections ey
had previously been used Rs the hi,
W for indcmRity selections. This m.
4 tho records did not disclose, and IL nj,
only been brought 60 my attention te,
onlly through the efforts OF the mi
10 land agent aud the clerk OF the m,
b land board, who have spent much ogf
. aad labor Ia tahula,ing and list bot
al of the lands which have been .tn
! lU bases for Indemnity selections mi
which are In eohnlct with sales re,,
~ W the state IN pihNh lNil
ader the policy which the state sn,
board has adopted with refer .nt
B % theae landa the hrst Ia time ,hi
peegnlsed AZ the drst in right, and 4,
oldest title has been given pTrve- l,a,
~ II tho land was sold Ia place ,hs
. "a iss attempted use a. base, that me,
} has been recognized. IL Il was
lht 10 hs Wssd ~ base Tor indem, 7
selretloa prior 60 It's sale In place Ia =,
the records % the state lana of M
nhew that fact, tho title Is given sala
pdenee. a-
leratlons In mineral hase have -,
disastrous 60 tho credit ~ the lls.,i
\ FOR those who have held certla. ~.
! ~ sale 90 deeds % Indemnity ~
J hascd theFeoa have assigned such a.,
hentes or conVeytd their titles % sx,,
,ns All ever tho ceuntfy who felt A.,,
y IN taklng title 10 lands which 49,,
"a 30 come directly from the a..
II matters not how much the, ~.
have paid she grantees ~ the -,
for the land. ~ the individual -,
fnrnished the alleged n,lasral tase NJ.