must be made within two years after the adjournment of the Legislature of each state at its session next after the date of the act, and as to all lands thereafter surveyed, within two years from such adjournment at the next session, after notice by the Secretary of the Interior to the Governor of the state that the surveys have been completed and confirmed."[1] It was the rule of the Department of the Interior to allow the different states the option (1) of taking the field notes of the survey designating the lands swampy in character which would pass to them under the grant; or (2) of selecting the lands by the state's own agents and report the same to the United States surveyor-general with proof of swampy character of the same. The Governor accordingly submitted the matter to the Legislative Assembly of 1860 in September and again called its attention to the matter of expressing its option the following month. But that body did not choose to take any action in the premises. Again in 1862 Governor Whiteaker reminded the Legislature that if there should be no exception made in favor of Oregon its swamp lands would be forfeited and that they were passing into private ownership through sale and pre-emption along with the general body of public lands so offered.[2] Notwithstanding these repeated warnings there was utter neglect of the swamp land grant on the part of the Oregon Legislative Assemblies until 1870. Neither did the Department of the Interior have the deputy surveyors in Oregon designate in their notes the land of swampy character; nor did it give notice to the Governors of the state when surveys were completed, with intimation that the state should: select from among them lands claimed as swamp lands. However, in 1870 the Oregon Legislature woke up to a realization of commonwealth interests centered in the state's getting its swamp lands. It proceeded summarily and boldly to appropriate the swamp lands of the state without so much as asking "by your leave" of Congress. The
