The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1919-09-06
FRED 0TLEY, LAWEN,
SEEKS INFORMATION

article Page /. on the Malheur Bird
Reserve states that the exact status
of this lake depends on tho accuracy
of the information given TO tho repres-
entativo OF the State Atty. Gen. Ofice |
who were at that time In Burns--On |
Page z. OF the same issue you state |
that 4. II. Greenia "a Portland Journal
representative was shown by author
itative statements that Malheur Lake |
had been decided Swamp by decisions |
In the u. y. Department OF the In
terror, and AZ such was ceded To the |
state OF Oregon, and should remain |
In possession OF the State---If this
statement In the accurate informa-
tion that you speak OF on page |, Will
YOU please answer In your valuable
paper the following questions--as
accurately M possibie---Viz.-CAN
yoa give the dates of those decisions
by the u. y. Department OF the In
terior that you speak of-CAN you
ieh me why G.. u. Mcconnell aud the
Harvey Basin Development Co. were
turned down In their application to
the State Land Board for a contract
10 drain and 80 acquire Maiheur Lake
CAN you tell mo why the State
Land Board did not make application |
tor Lake Maiheur as swamp as they
stated they would do Nov. 81. 1916
CAN you tell me why Senate bill No.
2ss. 1917 declaring all Lake beds
10 be- property OF the State was pas
sed by our Oregon Legislature and
~ a dead ictter--CAN you tell me
why Messers. Lyljeqvist and Brown
representing the state Atty. Gen.
a ~ luu ass. Hs.I
status of Malheur Lake on account
of the inquisitiveness OF Gallagher's
Legislative bill requesting the State
iaud board to ascertain what title
AZ any the State of oregon had IN
Mslheur Lake--Can you toll me the
reason for all these facts N Malhcur
Lake was ceded To the State OF ore
gon as swamp, As you STATE. Also
q AN you tell me why &. II. Mecou-
rel's application To the Interior DE.
psrtment OF the 4. s. for resuryey
of Malheur Lake was turned down
And do you know that state Legis-
inrures have no jurisdiction over
Lakes proper or Federal reserves aud
Mslheur Lake IL both
Most respectfully yours
FRED OTLEY
Under the act OF September eS
I 500 THE Who'll" OF the swamp aud
Dverfiowed lands made unfit thereby
for cultivation. aud remaining un-
SOLD after that date, are granted and
belong 10 the several States respect
lFely. Ia which they are situated. -
t'he act extending the grant TO Ore
son provides that the grant To this
Slate shall not include any lands
which the Government OF the United
states may have sold or disposed of
Inder. any law enacted prior 20
farch l2. 1860.
u shall be the duty OF the Secre-
AIRY OF the Interior. ;o make accurate
lists and plats OF all such lands. and
ransmit the same To the governors
II the several States In which such
snds may lie, aud at the request OF
he governor OF any State In which :
,aid swamp aud nyerflowed lands
nay be. to cause patents To be Issued
o said State therefore. conveying 10
aid State the fee simple OF said land.
Selection OF such lands TO be made
sithln two years after notice by the y
secretary OF the Interior to the Gov N
rnor OF the State that the surveys 4,
Il same have been completed and Al
onfirmed. r.
n the authorities OF the State. a
hall claim az swamp and overflowed. \
sg land not represented as such upon a
he map or In the returns OF the sur
eyors. the character OF such land at =,
he date OF the grant shall be deter p
a.aed by testimony. to be taken be- y,
ore the surveyor general. who shall ~
ecide the same. subject TO the appro- a,
as OF the Commissioner OF the Gen. M
r,i Land Office. h
Maiheur lake or marsh proper n
. unsurveyed and therefore itself =,
'si represented upon any map as .
wamp and oyerflowed. but the field
,cie en- of the survey made In 1879,
scsndering the lake. show that the
icg,uty surveyor did not extend the
Iaes or survey to "A body OF water
,,t closed them on marsh lands.-In
10 Instance does the deputy surveyor
1esi9nate the points at which he es-
the meander corners m
'SS 9lheur Lake" or show that these
roraers were established upon the
hOre line OF a body OF water. but they
nc invariably designated as the
Margin OF Malheur marsh Sec.
30 H. ID. 5si. Pacific Live Stock Com
ssny v. Armack. decided March IL.
1901.
II the application OF G. b. Me
oaneli and the IIarney Basin Devel-
'pneat Company for contract to
'grin Malheur Lake was iruned down
- the State Land Board II was pre-
rmably because the State has never
'Hcrted ITS claim TO same. furnished
ie required proof Of the character
the tend covered thereby, or ac-
Inlrcd tile thereto. Further, Lpgis-
nt.Yc acts accepting the grant, im-
lacs certain restrictions as 20 the
"guiaition OF such lands.
The application for Lake NAL
e"f. oi the claim OF the State TO
'nie unher the swamp grant act rs
4 "A 1 al /