ture.[1] It was a flagrant abuse of the trust of the people conferred upon the legislative body, and of the powers conferred upon the officers of the state by the constitution.[2] It was a temptation to speculators, who rapidly possessed themselves of extensive tracts, and enriched themselves at the expense of the state, besides retarding settlement.
One effect of the swamp-land act was to bring in conflict with the speculators actual settlers who had squatted upon some unsurveyed portions of these lands, and cultivated them under the homestead law. If it could be proved that the land settled on belonged to the state under the swamp-land act, the settler was liable to eviction. Wherever such a conflict existed, appeal was had to the general land-office, the case was decided upon the evidence, and sometimes worked a hardship, which was contrary to the spirit and intention of the government in granting lands to the state.
The legislature of 1872 urged the Oregon delegation to secure an early confirmation of title, no patent, however, being required to give the state a title to what it absolutely owned by law of congress. It also passed an act to provide for the sale of another class
- ↑ It was said that some of the members who took an active part in the passage of the bill had prepared their notices and maps to seize the valuable portions of the swamp-lands before voting on it. Two members made out their maps covering the same ground, and it depended on precedence in filing notices who should secure it. One of them called on the secretary after night fall to file his notice and maps, but was told that the governor had not yet signed the bill, on which he retired, satisfied that on the morning he could repeat his application successfully. The bill was signed by the governor that evening, and his rival, who was more persistent, immediately presented his notice and maps, which being filed at once, secured the coveted land to him. Jacksonville Sentinel, Dec. 16, 1871; Sacramento Union, Jan. 15, 1872. See remarks on swamp-lands, in Gov. Chadwick's Message, 1878, 35–40.
- ↑ The board of swamp-land commissioners consisted of L. F. Grover, governor, S. F. Chadwick, secretary, L. Fleischner, treasurer, and T. H. Cann, clerk of the state land department. Section 6 of the swamp-land law declares that, as the state is likely to suffer loss by further delay in taking possession of the swamp-lands within its limits, this act shall take effect and be in force from and after its approval by the governor; provided, that in case the office of commissioner of lands is not created by law, the provisions of this act shall be executed by the board of commissioners for the sale of school and university lands that is, the above-named officers of the state. Or. Laws, 1870, 56–7.
