Daily capital journal. (Salem, Oregon) 1903-1919, 1913-09-01
GOVERNOR VESTS
STATEMENT ABOUT ROAD
How Situation with Regard to Coos
Bay Grant Stands at Present Time
Is Outlined.


ing statement in reference to the suit
which has been filed by E, J. Barnes
and fifty-eight others against the
Southern Oregon company and the
State of Oregon in the matter Of the
Coos Bay wagon road grant.
"While the purposes of this suit are
not just clear to me, there is no ques-
tion in my mind but these Coos Bay
wagon road lands belong to the state
and can be recovered. My grounds fol
such belief were fully set out in my
message to the last legislature, and
are as follows,
"Consless, by an act of March 3,
1861 G;pnted to the State of Oregon
certain lands to aid in the construction
of military wagon road from the
navigable waters of Coos bay to Rose
burg, in this state. The lands granted
were alternate sections of public lands,
designated by odd numbers, to the ex-
tent of three sections in width on each
side of said road. 1t was provided that
the lands granted should be exclusively
applied to the construction of said
road and to no other purpose and
should be disposed of only as the WORK
progressed. 1t was further provided
that the grant was made on condition
that the land should be sold in guam
| titles not to exceed one. quarter section
to any one person, and at price not
to exceed $3.50 per acre.
con October % 1870, m act was
passed by the legislature of this state
granting to the Coos Bay Wagon Road
company 'all lands, rights-of-way
rights, privileges and inmunities here
totore granted or pledged to the state
ny the act of congress heretofore cited
for the purpose of aiding said compan,
in constructing the road mentioned
and designated in said act of congress
upon the conditions and limitation
therein prescribed
"on the 4th day of February, 1908
the government brought suit agains
the Coos Bay Wagon Road company, o
rather its successor, the Southern Ore
gon company, to forfeit to the goverI.
ment the lands embraced within thi
grant.
"I wise to submit for your consid
Grafton the following:
ri. That the state and not the gov
ernment is the proper party to brin,
suit to recover these lands.
"2. That the provision in the fedora
grant that the lands should not be sol
~ quantities to exceed 100 acres to an,
'onr rerson and for a price not *
cecning $3.50 per acre, are SELF execuL
ing limitations upon the power of tn
State Of Oregon to aiienate the land
erlblaced within the grant.
"3. That the ac, # the legislator
of October 90, 1870, should not be con
strued as a conveyance of the It'll
of the lands in question from the stat
to the Wagon Road company, but mere
ly in the nature of an equitable assign
ment of the proceeds. to be derive
from the future sales of the lands i
accordance with an act of congress.
ga. That any attempted violation o
the federal grant by the state of Or,
, gon, being an unconsummated act
could not be made the basis of clair
for forfeiture by the United States.
"5. That the state is entitled t
resume the administration of this gran
and, in accordance with the provision
Of the act of congress Of March
1869, and proceed with the enactmen
of laws necessary for the dispositio
, of the lands.
. "6. That. the State of Oregon i
! resuming the administration Of thi
, grant should ascertain the amount this
! would have been derived from the sale
D Of the lands at the time of the gran
r had the terms Of the act been con
4 piled with; also taxes paid by IL
Q Wagon Road company and supervisor
, expenses incurred in order that II
e said company may be reasonably rein
e bursed and justly dealt with"
J. "In order that the state might tai
Q immediate steps to recover these land
a | had prepared bill revoking Il
auI .av.. .,.,a l.