Daily capital journal. (Salem, Oregon) 1903-1919, 1917-04-18

were forged.
Relative to the public policy of the
state in the case, the attorney general
says that ''the statement has been so
often made to the effect that the
state has not in any way been injured
by these fraudulent transactions, be.
cause the state has received its full
price for the lands, that I desire to
say something on this subject.
"During all the time of these trans
actions, the law required the applicant
for land to be a citizen of the United
States and resident of this state. In
no instance could the applicant pur.
chase more than 800 acres, and, during
the time that part of the land involved
in this case was purchased, the law
limited the amount to any one person to
160 acres. At no time during the
period that the lands involved in this
suit was acquired did the law permit a
nonresident to acquire any lands"
Robbed the Settlers.
He quotes the report Of the grand
jury for Marion county, April 2S, 1905,
which states in part-"The object of
this law was plainly to favor and en-
courage the many settlers to purchase
land and improve the same, and there
| by develop the resources of the state,
and to prevent the land barons from
accumulating large areas for mere
speculation, and thereby retarding the
growth of the state.'
In his opinion he goes on to say:
In this case we find that some 10000
acres of state land are now in posses
sion of the Pacific Live Stock COM
pany That the ownership of this land
by this company has retarded the de-
velopment of Harney county is the con
sensus of opinion of the residents of
that district. If the land was acquired
fradulently by the said company, by
the use of dummies and forgeries, the
public policy of the state has been
flagrantly violated"
| To continue the cases against this
company, the attorney general states
that it will be necessary for the state
! land board to furnish means for car
rying on investigations. He calls at
tention to the fact that in 1915 the
Legislature appropriated $4,000 to fight
! the Hyde Benson, the Pacific Live
Stock cases, and other cases and there
now remains $4,000 which was not
used.
/ He recommends that the emergency
board appropriate money to carry on
/ the suits Or he asks the board to
support his office in requesting the sec
retary of state to authorize at the be,
ginning an expenditure of money equal
in amount to what remains unexpend-
ed of the 1915 appropriations.
| Up to Emergency Board.
In calling the emergency board fol
this purpose he states that if an emerg.
ency arises requiring the expenditure
Of money greater than what is on
hand 'or for the expenditure of
moneys not specifically provided for
by law, there is created an emergency
board.''
With this opinion and with the
recommendations the state land board
is apparently divided. Secretary Oleott
stated this morning:
al win cooperate with the attorney
general to the fullest extent and lend
every assistance as a member of the
state land board. 1t was my position
when the matter was up before the
legislature that it was not in the juris-
diction Of the land board because
brought by the governor. If it is now
up to the land board to act, will sup.
port the opinion of the attorney
general" /"
State Treasurer Kay, on the other
hand, also member of the land board
stated that because the Legislature
turned the matter down at the last ses
sion and refused to appropriate money
to continue the suits that ii did NOT
wish to prosecute further. He said he
would not honor vouchers made out by
the emergency board as in his opinion
the money had been turned back into
the treasury and was not available.