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About Bedrock democrat. (Baker City, Baker County, Or.) 1870-188? | View Entire Issue (Sept. 30, 1874)
»• BEDROCK DEMOCRAT, P U B L IS H E D E V E R Y R A T E S OF A D V E R T I S I N G * One square or less, one insertion,. . . . . $2 50 Each additional insertion,............................1 00 One square three months,....................... 6 00 Business Advertisements by the month— Quarter column.............................. $6 00 Half column, .............................10 00 One column,___ ______________ .15 00 Ten per cent, additional on advertisements to which a special position is guaranteed. W EDNESDAY, BY J. M. SHEPHERD. OFFICE IN THE B E D R O C K D E M O C R A T B U IF D IN O . T erms of S ubscription : One year,..................................................... 00 Six Months..................................................... .... 50 C orrespondence from all portions of Eastern Oregon is solicited for the D emocrat . All communications, to receive attention, must be accompanied by a responsible name! Personal communications will be charged as special advertisements. S . M . E E T T E N G I E E & C O ., 10 S ta te Street, Boston, 37 Park Row, New York, and 701 Chestnut Street, Philadelphia, are our Agents for procuring advertisements for the B edrock D emocrat , in the above cities, and are authorized to contract for advertising l our lowest rates. n3!f JOB WORK. W e are now prepared to do all kinds of JOB W ORK on short notice and at reasona- 1^1& rates N. B .— All Job Work MUST BE PAID FOR ON DELIV ER Y. GOVERNORS’ M ESSAGE. G e n t l e m e n of th e L e g is l a t iv e A s s e m b l y : I n e n te r in g u p o n a s e c o n d te rm as C h ie f E x e c u t iv e o f the S ta te , I c o n g r a tu la te y o u , as r e p r e s e n ta tiv e s o f th e p e o p le , u p o n the n o tic e a b le p r o g r e s s in o u r affairs a n d th e m a rk ed d e v e lo p m e n t o f o u r r e s o u r c e s w h ic h h a v e d is tin g u is h e d th e la st fo u r y e a r s o f o u r h is t o r y .— N o S ta te s h o u ld b e m o r e h e a r tily t h a n k fu l fo r a b o u n d in g n a tu ra l r e s o u r c e s , at th e h a n d o f an a ll w ise P r o v id e n c e . S in c e y o u r la st m e e t in g th e b le s s in g s o f g o o d o rd e r, h e a lth , g e n e r o u s h a rv e sts and g e n e r al p r o s p e r ity h av e p r e v a ile d . Y o u a s s e m b le h ere u n d e r h a p p y a u s p ic e s to c o n s u lt fo r th e c o n t in u e d p r o s p e r it y , a n d , b y ju d ic io u s le g is la t i c n , to p r o m o te th e c o m m o n g o o d -of o u r v ig o r o u s and p r o u d y o u n g c o m m o n w e a lt h . I t b e c o m e s m y d u ty to te n d e r to y o u s u c h in fo r m a tio n o f th e p r e se n t state o f p u b lic affairs as m a y appeal- a p p ro p ria te to th e o c c a s io n , and to m a k e s u c h r e c o m m e n d a tio n s as m a y b e p e r tin e n t. A d e ta ile d s ta te m e n t o f th e c o n d i tio n o f th e C h ie f D e p a r tm e n ts w ill b e la id b e fo r e y o u b y th e ir r e s p e c t iv e h e a d s , to w h ic h I r e s p e c tfu lly r e fe r y o u fo r f u ll a c c o u n ts o f th e ir w o r k in g s . I h ere p r e s e n t a c o n d e n s e d sta te m e n t o f th e fin a n c ia l c o n d itio n o f th e S ta te . F in a n c e s . The balances in the treasury at the close of the financial year, September 6, 1872, were $172,597 41, to the credit of the several funds, as follows: General fund (including $4,811 38 for advertised warrants), coin $5,533 91 General fund, currency.................. 979 00 Common School fund principal, $1,- 256 59; Interest, $1,208 10, coin 2,404 69 Common School fund principal, $683 1 3 ;Interest, $1,075 96, cur’cy 1,769 09 University fund, coin........ ........... 68 55 University fund, currency ............ 254 14 State Land fund, coin........................ 25,557 16 State Land fund, currency.............. 35,813 06 Five per cent, United States land sale fund, currency........................ 13,306 08 Escheat fund, coin ........................... 1,612 92 Escheat fund, currency.................... 1,785 37 Soldiers’ bounty fund, coin............ 09,095 48 Soldiers’ relief fund, coin................ 14,370 96 VOL. 5. BAKER CITY, BAKER COUNTY, OREGON, SEPTEMBER 30, 1874. University fund, currency___ __ 2.144 84 Escheat fund, coin............................ 27 Escheat-fund, currency.................... 1,785 Bounty fund, coin...... . ...................... 21,613 97 Relief fund, coin.................. 21,054 86 State House building fund, coin. 10 00 State land fund, coin....................... 15,850 47 State land fund, currency........... 54,945 98 li v e per cent. United States land sales fund, currency.................... 5 58 Agricultural College land fund, currency........................................... 964 50 Swamp land fund, coin.................. 5118 State Capitol building land fund, coin.......... .. : .................................. 649 50 Tide land fund, coin........................ 171 51 7,423 LIABILITIES- OF THE STATE. BONDS. Outstanding Soldiers’ B ou nty... $56,500 00 Outstanding Soldiers’ Relief_____ x 20,747 00 $47,247 00 LOCK BONDS. Payable out of Internal Improve ment land fund and five per cent, land s a l e s . . . . . . . .............. $200,000 00 WAGON ROAD WARRANTS. Payable out of Swamp and Tide land and Five per cent. United States land sale fu nds.............. $61,550 00 state w arran ts . Outstanding, on all accounts, pay able out of State Revenue........$287,459 00 It will be observed that the accu mulations in the Soldiers’ Bounty and Belief Funds are nearly suffici ent to pay off the Bounty and B e lief Bonds, and that the Lock Bonds and the Wagon Boad Warrants stand against resources in hand sufficient, when available, to liquidate this class of liabilities, so that the only liabilities payable out of the revenue of the State are the outstanding State Warrants. There lias been an apparent large increase of outstanding warrants since my last biennial message.— This is owing to the fact that nearly all the warrants drawn on the Treas ury from 1868 to 1870 were suspend ed for the reason that they were drawn without an appropration hav ing first been made for their pay ment, the Legislature of 1868 having adjourned without making the .gen eral appropriations. The Assembly of 1870 provided for the payment of a part only of these warrants, while the balauce were carried forward to be provided for by the last A ppro priation bill. In addition to the payment of the face of these war rants, an addition of thirty per cent average increase upon their face has had to be paid for interest on ae count of the suspense. Again, no building tax was levied for the construction of tho new Pen itentiary, and the entire cost, except pr ceeds of convict labor, was paid by warrants on the General Fund, which was sufficient only for the current general expense, and the devotion of convict labor to this work swelled the appropriations for the support of the prison. There were several appropriations made by the last Legislature which Total balance, as above............ v$172,597 41 need not be, and should not be, re pealed. Our State Constitution lim r e c e ip t s . Received since, into the treasury, the sum its the indebtedness of the State to The pro of $628,775 01 to the credit of the following fifty thousand dollars. vision is as follows: Article 10, Sec. funds: General fund (including one and 7—‘ ‘The Legislative Assembly shall one-half mills relief and bounty not loan the credit of the State, nor tax), coin........................................$460,695 22 in any manner create any debts or General fund, currency................... 4S6 00 Common school fund principal,coinlO.812 10 liabilities which shall singly or in Common school fund principal cur the aggregate, with previous del ts rency................................................. 6,938 20 Common school interest, coin----- 40,807 67 and liabilities, exceed the sum of Common school interest, currency 14,016 €7 fifty thousand dollars, except in case It is contended by University fund, coin....................... 16,616 51 of war,” etc. University fund currency............. 2,893 69 some that this provision refers to Escheated fund, coin....................... 5,810 35 funded debts only/and not to the State land fund, currency........ . 19,199 92 State land fund, coin....................... 25.940 56 margin of outstanding warrants is« sued for current expenses. But it Five per cent United States land fund, currency............................... 5,226 36 appears to me that the form of the Agricultural college fund,currency 964 50 liability does not vary the binding Swamp land lund, coin.................. 5,607 50 force of this-restriction. The aggre State Capital building land fund, c y in ........................... .. ................... * 05 00 gate of all indebtedness against the Tide land fund, coin....................... 3,025 15 State should be within fifty thous and dollars. In fact it was the evi Total................................................. $628,775 01 dent intention of the framers of our DISBURSEMENTS. < State Constitution that the State Paid since, out of all the funds, the sum should be absolutely free from debt. of $663,193 45, to the debit of the following Article 9, Section 2, provides that: funds: mirT „ „ General fund, coin.............................$47,2o0 lb “ The Legislative Assembly ’ shall General fund, currency................... 459 00 provide for raising revenue suffici Legislative fund, coin..................... 24,011 96 Penitentiary fund, coin................... 48,791 51 ent to defray the expenses of the ' Judiciary fund, c o i n . . . . ............... s6,758 34 State for each fiscal year, and also a Executive fund, coin....................... 14,892 11 sufficient sum tc pay the interest on Insane fund, coin............................. 61,814 86 the State debt, if there be any.”— Convict fund, coin......................... v 4,546 68 Section 6, of the same article, pro Printing fund, c o in ........................ 19,8:48 73 “ Whenever the expen Incidental fund, coin............ 21,200 85 vides that: Penitentiary building fund, coin 61,969 78 ses of any fiscal year shall exceed State Houso building fund, coin. 99.790 00 the income, the Legislative Assem Fugitive fund, coin......................... 3,817 77 bly shall provide for levying a tax Indigent fund, coin......................... 2,517 43 Agricultural College fund, coin. . 773 15 for for the ensuing fiscal year, suffi Common school fund loans, coin 16,986 74 cient, with other sources of income, “ “ currency 5,035 70 to pay the deficiency, as well as the Commonschool fund interest (dis estimated expense of the ensuing tribution and expenses/, c o in .. 41,452 95 fiscal year.” These are positive Common school tunu interest (dis tribution), currency................... 13.395 78 mandates of our fundamental law.— University fund loans, coin........... 16,685 06 The Legislative Assembly is made Universitv fund loans, currency. 1,000 00 responsible that the State be free Soldiers’ bounty fund (exclusive of Statehouse bmd’g transfer)coin 25,146 85 from debt. I desire to cooperate with you to Soldiers’ relief fund, coin.............. 32,148 77 State land fund, currency............ 67 00 enforce these requirements literally. State laud fund, for lock*bond in The sole reason wky Executive sanc terest and expenses. .v................ 35,647 25 tion was refused to the emigration Five per cent. United States land sole fund, currency.................... 18,526 86 bill two years ago, was that no Swamp land fund, coin.................. 5,556 32 means were provided to meet the State Capitol building land fund, expenditure proposed, and that the coin .................................. 55 00 general appropriations already made Tide land fund, coin....................... 2,854 24 exceeded the revenue, while the Total ............... ...$ 5 6 3 ,1 9 3 45 General Appropriation Bill could Leaving funds in the Treasury, September not be modified by Executive action 14, 1874, $138,178 97, to the credit of the sev without vetoing the whole bill at eral funds, as folicws: General fund, coin.......................... $1.546 19 the heel of the session, and disor General fund, currency................ 1,006 00 ganizing the State government. You , Common sch’l fund principal,coin 4,081 95 will, therefore, appreciate the co Common school fund principal, ___ relative duties of the Legislative and currency.................................... 2,585 63 * Common sch’l fund interest, coin 561 83 Executive Departments upon this " !* currency 1,726 8» »abject. ♦ * • - NO. 21. The special Act of Congress touch ior to execute the laws of Congress N. B.— All debts due this office are payable in Coin, unless otherwise expressly agreed. office to act in the premises is now 37 enne, by act of October 22, 1864, is ing this subject, approved June 4, making this grant, as far as the same reduced to a mere technicality. The Total...................................* ..........$138,170 97 Total................................................. The levy for current general rev- j DS^The space of one Inch, up and down the column, constitutes a square. five mills on a dollar. The military tax is a mill and a half on«a dollar.— But, owing to a general misappre« hension of the law, four mills only for general State purposes have been collected during the last four years, and for some time previously. One mill of the military tax can now be dispensed with, as the Mili tary Fund is now nearly ■sufficient to pay off the balance of outstanding Military Bonds. Beducing the Mil«, itary Tax one mill, it might be well to institute a half mill building tax, ,to stand until all -public buildings are completed, and to restrict, absos. lutely, Ml appropriations for buiid' ing purposes to the resources of the Building Fund. Let the State tax be reduced to four mills, and coni fine the current general expenditures to the revenue arising therefrom, and let the other half mill, taken from the Military Fund, be trans ferred to create a Sinking Fund with which to liquidate the excess of out* standing warrants. A more simple, and perhaps in the end, a more satisfactory plan would be to let the general taxes stand as they are for the present.— Collect the five mill State tax, but. confine current expenditure within a four mill revinue, until there shall be no outstanding State waro rants, then reduce the State tax one mill. Draw upon the surplus miil« tary fund for State House expendi tures, as lieretore, until the Capitol can be occupied. Liquidate all military warrants, then repeal the military tax altogether. L ock B on d s. The accumulating funds from the Internal Improvement Grant should be placed at interest, and authority be gitfen for the gradual liquidation of these bonds, as the funds for their payment increase. As the faith of the State is pledged for the adminis tration of the Internal Improvement Fund so as to meet these obligations prompt and sufficient appropriations to meet the maturing coupons are imperative. P u b lic L a n d s o f th e S ta te . By the act of the Legislative As sembly of October 15, 18(52, the G ov ernor was empowered and directed to locate all the lands to which the State was entitled, under the several acts of Congress, making grants to the State. The condition of our public land interests, at the time of my entrance upon the duties of the Gubernatori al office, four years ago. was fuliy set forth in my last biennial mes sage. Since that period the work of securing the interests of the State in these public grants has steadily progressed. i n t e r n a l I m p r o v e m e n t G r a n t. The full amount of the Internal Improvement Grant of five hundred thousand acres, held under act of Congress of September 4, 1841, has been selected and finally approved to the State by the Secretary of the Interior—the exact quantity so vest ed being 500,006,99 acres, as per fin al statement of the Commissioner of the General Land Office, bearing date Feb. 6, 1874. U n iv e r s it y F a n ils. Bv act of Congress of February 14, 1859, admitting the Slate of Ore« gon into the Union, seventy two sec tions, amounting to forty six thous and and eighty acres of land, were set apart and reserved for the use and support of a State University.— These land have been fully selected and the quantity of 44,366,81 acres have been finally approved by the Department of the Interior. The limited ballance will be approved in the due course of official business. I n d e m n it y C o m m o n S c h o o l F n n d s. The lands taken in lieu of the six teenth and thirty sixth sections in each township, held for common school purposes under authority of the act of Congress of January 7th, 1853, have been selected as fast as the surveys have been completed iu regions where the settlements have preceded the surveys. In all cases where the settlements have not reached newly surveyed lands, at the time of the surveys, the sixteenth and thirty sixth sections become vested in the State without listing, by force of the original grant for common school purposes. The amount of the Indemnity Com mon School Lands, so far selected and approved by the-General Land Office, is 109,7U9 acres. The ain’t selected and awaiting examination for approval is 580 acres. These se lections cannot be finally completed until all the public land of the State shall have been surveyed by the General Government. A g r i c u lt u r a l C o lle g e L a n d s . The condition of the land granted by Congress by Act of July 2, 1862. providing for the establishment of Colleges in the several States for the benefit of Agricultural and Mecbarn ical Arts, was fully stated in my iaat biennial message. -On account of obstacles therein set forth, the lands selected under this granj; had not been approved, although they had been selected by a Commission created and authorized by the L eg islative Assembly at its regular ses sion in 1868. 1872, provided, in section second thereof, “ that any such selections already made by said State (Oregon) and the lists duly filed in the proper district laud office, be and the same are hereby confirmed, except so far as they may conflict with any ad verse legal right existing at the pas sage of this Act.” On »examination o f the lists of these lands for final approval by the Commissioner of the General Land Office they were found to conflict with the Klamath Indian Beservatiou, and that the quantity of 10,092 acres of the same lay within said reservation. The boundaries of the reservation were not definitely known to the commis sion charged with the duty of select ing these lands, hence the conflict. The amount of 79,235,17 acres of this grant is now finally approved, and the lands have been offered for sale pursuant to the provisions of the Legislative Act for that purpose ap proved Oct. 26, 1872. The amount to be selected anew, after all rejections for conflict,is 10,- 784,83 acres. The selection of this balance has not been hastened, for the reason that lands of a greater value than now obtainable can' be^ listed after the public surveys have been further extended. These lands have not been dispos ed of as rapidly as was expected when first offered for sale. It is thought by some who are well ac quainted with the premises that the limitations of the statute providing for their disposal requiring sales to be made to actual-settlers only, and in quantities of not more than three hundred and twenty acres of land are debarred by the statute from purchasing any of tLe Agricultural College sections. It is certainly a good public poli cy to divide the public lands of the State into as many homesteads as is compatible with successful settle ment, but the early disposal of these hinds, in order that the funds aris ing therefrom mav be made availa ble for the support of the Agricultu ral College, would seem desirable.— The minimum price is fixed by the Act of Congress making the grant, at $2.50 per acre. I call your atten tion to Ibis subject and suggest an inquiry whether, for the purpose of facilitating sales, a change in the conditions of sale prescribed by the act of Oct. 28, 1872, might not be advisable. t related to Oregon. The usual spec Act of Congress of September 28, ial instructions sent to Surveyor 1850, the provisions ot which were Generals of other States, holding extended to this State, by the Act of under the same acts of Congress, d i March 12, 1860, provides, “ That it recting a segregation of the swamp shall be the duty of theSecretary of lands, had not been transmitted to the Interior, as soon as may beprac* the Surveyor General of this State. tical after the passage of this Aet, to Deputy United States Surveyors in make out an accurate list and plats the field had generally made no note of the lands described us aforesaid of the swamp lands, but had return (the swamp and overflowed lands), ed all this class»pf lauds as arable," and transmit the same to the Goven and the several local Land Offices nor of the State; * * * and, at the had been accustomed to dispose of request of the Governor, cause a pa them without reference to the title tent to be issued the State therefor.” of the State, as public lands of the On the 21st day of May, 1860, the. United States, subject to homestead Commissioner of the General Land and pre emption settlement. By Office addressed a letter to the Gov* this means considerable portions of ernorof Oregon, proposing the adop* the swamp lands owned by the State tion of one or the other of two sysn and which are still vested in the terns in segregating these lands, ia State, had been disposed of as the the following words: lands of the United States. “ 1. Whether the State would be “ A letter was addressed by me to willing to abide by the field notes of the Secretary of the Interior, bear the surveys, as designating the.lands ing date Nov. 9, 1871, calling his at or tention to tl^e acts of Congress under “ 2‘ Whether, in the event of the which we bold these lands, and to non acceptance of these notes as the the omission of the Land Depart basis, the State would furnish evi* ment of the United States to execute dence that any. lands are of the char the laws. The correspondence upon acter embraced by the grant. this subject is herewith accompany “ This is important to the State ing. In this correspondence I have also, as, by the second section of tho urged the General Land Department Act, the seleolions in townships, to execute the Swamp Land Laws of where the surveys have been conn Congress in favor of Oregon, as they pleted, are required to be made with* have been executed in favor of other iu two years after the adjounment o f States under the same laws, and to the first Legislature convened after suspend all action of our local land the passage of the Aot; and where offices involving adverse/possession the sui'veys are yet to be made or of these lands Until the question of completed, within two years from title could be adjusted between .the the adjournment of the next session State and the United States. On after notice to the State the surveys the part of the Secretary of the Inte are completed and confirmed.” rior and the Commissioner of the The Commissioner of the Gener General Land Office a willingness al Land Office, in a communication has been indicated to enter upon the to the Governor of Oregon, dated segregation of the Swamp Lands, April 26, 1873, referring to this sub but no work has been done in that ject, says; “ This letter was ack direction by them, and no instruc nowledged by the Governor in 1861 tions have been issued, to the know and information given that, he had ledge of the Executive, in answer submitted the proposition,, with tho to the requests contained in the cor inclosures, to the -Legislature which respondence. I can state, therefore, convened second Monday in Septem as the present condition of this im ber, 1860, but that the Legislature portant interest, that the acts of failed to determine which of the two Congress making tho swamp Land propositions submitted from this , grant to Oregon remain practically office shoftld be accepted.” On the unexecuted by the land Department 3rd day of January, 1872, in reply of the United States. In the mean to the objection, raised for the first time, lands unquestionably of swam time in a letter of the Commissioner py character are being disposed of to me, bearing date o f November 9, by the local land offices, thus absor 1871, that the State had not elected bing the property of the State and which of these methods would be the complicating the title to the swamp more agreeable, I stated that, by and overflowed lands within her the provisions of the .Act of our borders. * * * j a relation Legislative Assembly, of October 26, P u b lic B u ild in g ’ L a u d s . The quantity of ten sections, or to the right of the State to hold 1870, providing for the selection and 6,400 acres of public lands, were these lands, even without any action sale of the swamp and overflowed granted to the State of Oregon by of the United States Land Depart lands, “ the State of Oregon has the act of Congress of February 14, ment, and witfiout patent, I have not elected to make selections of swamp and overflowed lands within her bor 1859, before referred to, which, in the slightest doubt.” Since the last session of your body ders, by agents appointed by the the words, were “ to be selected by the Governor of said State, in legal a leading decision has been made by State, and to furnish evidence that subdivisions, for the purpose of the Supreme Court of this State, in all lands claimed by her are of the completing the public buildings, or the case of Joseph Gaston vs. Frank character embraced by the grant re for the erection of others at the seat L. Stott, involving the possession of ferred to.” But the General Land Office still of government, under the direction that tract of swamp and overflowed of the Legislature thereof.” Since land known as Wappatoo Lake, in refuses to proceed because the Legis- your last session these lands have Yamhill and Washington Counties. lat ive Act did not declare, in so many been selected and approved by the The Court, Justice McArthur deliv words, that the State did elect to se local land offices within whose jur ering the opinion, unanimously held lect the lands by its own agents, and isdiction the locations have- been that the acts of Congress recited, does not provide for furnishing the made, but final approval by the D e created a grant in p r e se n t and pass General Land Office with any testi partment of the Interior has not yet ed a fee simple title to the State of mony whatever. I have not lately all the swamp and overflowed lauds discussed this matter with the De*« been had. S w a m p L au d s. within her borders; and that the partment of the Interior, because I The right of this State to the State has a right to make selections deemed further discussion of no val swamp and overflowed lands within and to dispose of the lands acquired ue to the State. The acts of Con her borders, unequivocally granted uuder this grant before the issuing gress under which we hold the by Act of Congress, of March 12, of the patent by the General Govern swamp lands do not require any election on the part of ttm State as to 1860, extending to Oregon the pro ment. This position has been held by the what method shall be adopted in the visions of the Swamp Land Act of September 28, 1850, has not yet been highest tribunals of all the States en segregation. The proposition of the fully acknowledged by the General titled to this class of lands under the Commissioner of the General Land acts of Congress from which we de Office, contained in his letter of May Land Office. In my last biennial message the rive title, and also by the Supreme 21, 1860, to the Governor of Oregon, following remarks were made upon Court of the United Stab s. In the asking the State to elect between two the condition of this class of lands case of Bailroad Company vs. Smith, proposed methods, which had before 9 Wallace, U. S. Supreme Court that time been practiced in other as existing at that time: “ But little notice was taken of this Beports, page 99, the Supreme Court States in segregating swamp laDda important grant by the public au of the United States in passing upon seems to have been made out of def thorities of this State until the ses the effect of the omission of the Sec erence to the dignity and interests of sion of the last Legislature, at which retary of the Interior to segregate the State to faciliate just and satis an Act was passed bearing date Oct. swamp lands in Missouri, as directed factory action in the premises, rathe? 26, 1870, entitled ‘An Act providing by the act of Congress of September than to clog the successful prosecu for the selection and sale of the 28, 1850’ uses the following pointed tion of the work. As to the Legis lature of this State prescribing the swamp and overflowed lauds belong language: manner of furnishing evidence to tho “ Must the State lose the land, ing to the State of Oregon.’ This Act provided that the Board of though clearly swamp land, because Department of the Interior npon this School Land Commissioners should that officer has neglected to do this? subject, I do not deem it competent appoint deputies to proceed, as soon The right of the State did not depend for a State to make and regulations as practicable, to select in the field on.his action, but on the Act of Con for transacting any public business all the lauds rendered unfit for cul gress, and though the State might with the Departments of the United tivation by inundation or overflow be embarrassed in the assertion of States. Our Legislative act, of 1870, most within this State, and to make re this right by the delay or failure of turn of the same to said Commission the Secretary to ascertain and make certainly made election to seleot the out lists of these lands, the right of swamp lands by agents of the State, ers. “ Pursuant to this authority, depu the States to them could not be de because it provided direc-ly that these, lands should be selected in ties have been appointed who have feated by that delay.” The condition of the swamp lands that manner, and such agents have proceeded to the field and made se lection in their several districts of within the State is the same as sta been at work in the field performing such land as they deemed to fall ted in my message of two years ago this duty, from time tc time, tor within the description of said Acts except that progress has been made four years To say that the State of Congress, omitting, under instruc in segregation by State agents act has not so elected is to deny that a tions from the Board, all such swamp ing under authority of the Board of statute is the expressed will of the lands as are claimed and occupied School Land Commissioners, as di Legislature. The reason which induced the by bona fide settlers, under whatever rected by {statute. The total amount right they claim. The amount of of swamp lands which have been Legislature to provide for making swamp and overflowed lands so se surveyed and selected by the several these selections by agents of the lected, free from conflict, and re deputy swamp land commissioners State was that this important grant ported to the Board up to the pres under authority of the act of the might be wholly lost if left to the ent time is 174,219,97 100 acres, lists Legislative Assembly of October $¡6 accidents of the general surveys, To avoid further controversey, and of which have been duplicated and 1870, is -266,600.42 acres. No instruction of any character to meet the views o f the General duly forwarded for filing in the office of the Surveyor General of Oregon. have been received at the office of Land Office, I reccomend that a joint “ In examining the title of the the Surveyor General of this State, resolution be passed specifically State to these lands, q.nd the condi custopiary to be. issued tp that office electing to select the 6wepnp ‘ and States entitled under the swamp overflowed lands by agents of the -tion of the grAnt, I found that there in land acts of Congress. had been a practical omission on the State-, and instructing ihe Boaiai of The refusal of flje General Land S cliool Land Commissioner# to fur- part of the Department of ifiter-