few claims could have lapsed to the government, even if their preemptions were not paid up.
It is not surprising that during the public surveys
certain individuals should seize the opportunity to se
cure to themselves large bodies of land by appearing
to assume necessary enterprises which should only be
undertaken by the government; and it might be questioned whether the legislature had a proper regard to
the interests of the state in encouraging such enterprises. By an act of congress, approved July 2, 1864,
there were granted to the state, to aid in the construction of a military wagon-road from Eugene City across
the Cascade Mountains by the way of the middle
fork of the Willamette, near Diamond peak, to the
eastern boundary of the state, alternate sections of
the public lands designated by odd numbers, for three
sections in width, on each side of said road. When
the legislature met, two months after the passage of
this act, it granted to what called itself the Oregon
Central Military Road Company all the lands and
right of way already granted by congress, or that
might be granted for that purpose; with no other provision than that the lands should be applied exclusively to the construction of the road, and that it
should be and remain free to the U. S. government as
a military and post road. It was, however, enacted
that the land should be sold in quantities not exceeding thirty sections at one time, on the completion of
ten continuous miles of road, the same to be accepted
by the governor, the sales to be made from time to
time until the road should be completed, which must
be within five years, or, failing, the land unsold to revert to the United States.[1]
What first called up the idea was the report of Drew on his Owyhee reconnaissance in 1864, showing that a road might be made from Fort Klamath to the
- ↑ Or. Jour. Sen., 1864; Special Laws, 36-7; Jacksonville Sentinel, May 3, 1864; Zabriskie's Land Laws, 636-7.
