K-tSf-Tii^-'S'^i/^ ■-^rp'^'^-J.^-^- -v^:^^? Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030040970 OREGON AND CALIFORNIA LAND GRANT HEARINGS J^ BEFORE THE COMMITTEE ON THE PUBLIC LANDS HOUSE OF EEPRESENTATIVES ON H. E. 22002 CONCERNING THE OREGON AND^CALIFORNIA LAND GRANT APRIL 2, AND MAY 2, 6, 8, and 25, 1912 DOCUMENT ROOM HOUSE OF REPRES£WTATIve», U, »• ^^n , ,/'/"/., ANSWERED A^^ACaU£8TeO, ^^ ,,':..„}. ^ \"'' "//, wisHINGTON '""* (..' : p-_ r r- V^ ^ i 1912 ) ■'. OEEGON AND CALIFORNIA LAND GEANT. Committee on the Public Lands, House of Eepresentatives, Washington, D. C, Tuesday, April 2, 1912. The committee met at 8 o'clock p. m. Present: Representatives Graham (acting chairman), Ferris, Tay- lor of Colorado, Estopinal, Raker, Murray, Rubey, Fergusson. Present also: Hon. A. W. Lafferty, Member of Congress from Oregon; Hon. B. D. Townsend, Special Assistant Attorney General; Mr. A. C. Dixon. The Acting Chairman. Mr. Lafferty, if you are ready, we will hear your statement. Mr. Lafferty. Mr. Chairman and gentlemen of the committee, I will state briefly the history of the litigation to which this bill relates. On July 25, 1866, Congress passed an act granting each alternate section of land for 20 miles on either side of the road to such a railroad company as might thereafter be designated by the Oregon Legisla- ture to build from Portland south to the California line; and to the California & Oregon Railroad Co., which was already organized and incorporated in tlie State of California, to build up through the Sac- ramento Valley from the Central Pacific to the Oregon line. There was no railroad company organized in Oregon; and this grant of July 25, 1866, contained the usual requirements of all these railroad grants that were made prior to that time. A very lengthy bill it was, but it contained no condition requiring the company to sell the lands to settlers. It did require the company to transport troops and munitions of war without charge for the Government, and required the company to build 20 miles of road within two years after the act was passed; also requiring the company to file its assent within one year after the passage of the act. Thereafter, on October 6, 1866, the Oregon Central Railroad Co. was organized at Portland, Oreg., for the purpose of becoming the beneficiary of that portion of the act that referred to Oregon. The act of 1866 required that the railroad company before receiving a grant should be designated by the Oregon Legislature as a proper company to receive the grant. Mr. Rakek. What is the name of that company ? Mr. "Lafferty. The Oregon Central Railroad Co.; and it was designated that fall, on October 10, 1866, by the Oregon Legislature as the proper company to receive the grant. Joseph Gaston, who is still living in Portland, was president of that company, and he set about to raise money by subscription, and started out to build a road from Portland toward the California line, commencing in the city of Portland but on the west side of the Willamette River. Mat- ters run along for two years, until his two years had expired, and he had not built 20 miles of-road and the grant had lapsed. About that 3 4 OREGON AND CAUFORNIA LAND GRANT. time a man by the name of Ben Holliday became active in ^f ?f ^^ at Salem, which is the capital of the State and which ^^ ^outn oi Portland 60 miles; and he organized _a railroad company tor me purpose of building this road and getting this grant, and he caiiea L company the Oregon Central Railroad Co., the same as the one which daston organized two years earher m Pft^and. HoUiday went to the legislature and persuaded the legisature to fdopta resolution reciting that it thereby rescmded its action in designat^ Gaston's Oregon^ Central Railroad Co No. 1 and designating Ins Oregon Central Railroad Co. No. 2 as the proper company to receive * Tfen^the matter was brought up here in Congress on April 10, 1869 HoUiday had come on here to Washmgton. He had not filed his assent to the original grant, which did not contain these provis ons requiring sales to settlers, and he could not possibly have acquired title under the original grant of July 25, 1866. He came here and ■^^Mr!^RAKER. Before you pass 'from that I would Hke to ask you a question. Under the grant by the Legislature of Oregon to Caaston, he filed his assent ? . j t i oc Mr. Laffekty. Yes; Gaston filed his assent to the act ol July la, 1866. Mr. Raker. And his time expired ? Mr. Lafferty. Yes. Then this resolution of June 25, 1868, ex- tending the time to December 25, 1869, in which Gaston's company could have completed the first 20 miles of road, was made; but Holliday came here to Washington and maintained a lobby during the winter of 1868-69, and on April 10, 1869, this act was passed. Mr. Fergusson. That was before Gaston's company forfeited ? Mr. Lafferty. Yes; Gaston's Oregon Central Railroad No. 1 was still in the field competing for this grant. He did not want this act passed April 10, J869. He still had until December 25, 1869. Under this extension of 1868, under which, if his company had completed 20 miles, it would have received the grant free from this provision requiring sales to settlers. Therefore, Gaston did not want this act of April 10, 1869, passed, but Holliday's company had to have some act like this passed at Washington, because his company had not been organized within a year after the passage of the act of July 25, 1866. So that will explain the peculiar wording of this act of April 10, 1869. I will read (reading) : Be it enacted by the Senate and House of Representatives of the United States of ATnerica in Congress assembled, That section six of an act entitled "An act granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Railroad, in California, to Portland, in Oregon," approved July twenty-fifth, eighteen hundred and sixty-six, be, and the same is hereby, amended so as to allow any railroad company heretofore designated by the Legislature of the State of Oregon, in accordance with the first section of said act, to file its assent to such act in the Department of the Interior within one year from the date of the passage of this act, and such filing of its assent, if done within one year from the passage hereof, shall have the same force and effect to all intents and purposes as if each assent had been filed within one year after the passage of said act: Provided, Tha,t nothing herein shall imi)air any r^hts heretofore acquired by any railroad company under said act, nor shall said act or this amendment be construed to entitle more than one company to a grant of land: And provided fur- ther, That the lands granted by the act aforesaid shall be sold to actual settlers only in quantities not greater than one-quarter section to one purchaser, and for a price not exceeding two dollars and fifty cents per acre. Approved, April 10, 1869. OEEGON AND CAUFOENIA LrANU GRANT. 5 It has always been my contention that if Joseph Gaston's company, the Oregon Central Eailroad No. 1, had gone ahead and completed the road by December 25, 1869, the time within which he had to com- plete his first 20 mUes, that he would not have been bound by this subsequent act, which would have been ex post facto legislation as to his company, or it probably would have been an open question. But this man HoIUday, of the Oregon Central Railroad No. 2, organized at Salem, had not turned one bit of dirt. He simply organized a com- pany down there at Salem. Therefore, before he was ever known in the transaction officially, or could possibly have been known, the requirement was made and engrafted upon the original act by this amendment that the lands granted to the original act should be sold to settlers. Mr. Raker. Before we proceed further I would like to ask if the Gaston company, under its extension to the first act, did not comply Mr. Lafferty. With either of the acts — I was just coming to that. Mr. Raker. All right; go ahead. Mr. Lafferty. After this act of April 10, 1869, was passed, then HoUiday went back to Salem and began construction work. He fin- ished 20 miles of road within the period authorized by this exten- sion — the Oregon Central No. 2 — but the other road that was building on the west side, the first road, did not do anything that summer; and then the Oregon Central No. 1, Gaston's company, abandoned its project and withdrew from the field, leaving this Oregon Central No. 2 as the only applicant for this grant. So the grant vested in the Oregon Central Railroad Co., organized at Salem, Oreg. They filed their map of definite location, and the grant was made to them. They contin- ued to build their road in sections of 20 miles until they finished it in 1887. Shortly after this they reorganized their company at Salem, in 1870, and changed the name ; they got into court as to the right to use the name "Oregon Central." Judge Deady had held in a suit brought by one of the stockholders of Gaston's company against Holliday's that the Holliday company had no right to use the name "Oregon Central," as there was already a corporation by that name in the State, but Judge Deady held that a suit to enjoin Holliday's company from using the name would have to be brought by the Oregon Cen- tral No. 1 and not by a stockholder. So they reorganized and called themselves the Oregon & California Railroad Co. Mr. Ferguson. That was the Gaston group ? Mr. Lafferty. That was the HoUiday company. Mr. Graham. The stockholder brought the suit in his own name ? Mr. Lafferty. Some stockholder in Gaston's company or bond- holder. So, you may consider the case from now on as if though there was only one company known, because it is proved in the record and admitted in the record that it was the Holliday company that got the grant. Mr. Raker. Is it not conceded in the record that the Gaston people withdrew all their right ? Mr. Lafferty. Gaston's company withdrew from the field. The Gaston people came back to Washington on May 4, 1870. This was April, 1869, that this act was passed. Gaston came back and said to the Oregon Senators and others — the Public Lands Committee — " I 6 OREGON AND CALIFORNIA LAND GRANT. have been knocked out of that grant for the road to the California line, and I have spent some money starting a road on the west side of the river. Now I have changed my plans, and I will budd a road from Portland to Astoria by way of McMnnville, and I want a new grant." The Acting Chairman. Is there any claim of purchase, that the HoUiday company bought or in any way got a transfer of the rights of the Gaston company ? Mr. Laffbrty. No, not directly; but I will answer that m just a second. Gaston's company got this act. May 4, 1870, passed, grant- ing to the Oregon Central Railroad Co. No. 1 a land grant to build a road from Portland to Astoria by way of McMinnville; that is the original Oregon Central Railroad Co.; you see, it continued to use that name. Holhday's company reorganized under the name of the Oregon & California Railroad Co. Gaston got the act of May 4, 1870, passed, section 4 of which reads as follows [reading]: Sec. 4. And be it further enacted that the said alternate sections of land granted by this act, excepting only such as are necessary for the company to reserve for depots, stations, sidetracks, wood yards, standing ground, and other needful uses in operating the road shall be sold by the company only to actual settlers in quantities not ex- ceeding one hundred and sixty acres, or a quarter section, to any one settler, and at prices not exceeding two dollars and fifty cents per acre. Then Gaston went home and he started in and built his west-side railroad as far as McMinnville — 47 miles — and he got a small grant thereof 128,000^ acres. It is only a drop in the bucket compared with the east-side grant. He went ahead and completed his 47 mUes of road, and then this Oregon & California Co., which was going ahead with the big project, bought the west-side grant and the Oregon Central Railroad Co. made a deed, after they had completed their little 47-mile road, to the Oregon & California Co. conveying the west-side railroad to the Oregon & California Railroad Co., with all of its rights, privileges, and franchises thereto appertaining. This was in 1880. In 1880 Gaston's company sold the west side to the Oregon Central Railroad Co., of Salem. Now, the Oregon Central Railroad, of Salem, finished its road in 1887, or the east-side grant to the California line. They then filed applications for patents to be issued and the patents that were issued onginally recited "that the President of the United States hereby patents, etc., to the Oregon & California Railroad Co., successor to the Oregon Central Railroad Co., under the act of July 25, 1866, as amended by the act of April 10, 1869," certain quantities of land. It was patented in different certification lists, but it was about 1895 that most of these lands were patented to the Oregon & California Railroad for the east side, and the west side about the same. You see, the Oregon & California Railroad Co. received all of the pat- ents to both grants, because it became the successor to the west-side company prior to the issue of any patents. Now, then, the Southern Pacific Co. bought all of the stock in the Oregon & California Railroad Co. and owns all of the stock in the company to-day, so, the South- ern Pacific Co. is the real party defendant in this suit. Mr. Raker. Is that a fact ? Mr. Lafferty. Ask the Interstate Commerce Commission. Mr. Raker. I would like to have the evidence on that, because I doubt the fact, and I would like to have the exact facts on the matter. OREGON AND OAUFOENIA LAND GRANT. 7 Mr. Lafferty. They have the record of it; they have to file an annual report every year with the Interstate Commerce Commission. Mr. Raker. I know; but there is a misunderstanding. There is not any sale. At least that is my understanding of this. Mr. Lafferty. No land sale ? Mr. Raker. Hold on a moment. No sale? by the Southern Pacific Railroad Co. to the Southern Pacific Co., is there? Mr. Lafferty. The Southern Pacific Co. is the one I am talking about, and not the Southern Pacific RaUroad Co. There is no sale of the land. I saw the stock records of the Oregon & California Rail- road Co. and the paper stocks are transferred to the Southern Pacific Co., so the Southern Pacific Co. is really the owner of the Oregon & California Railroad, but the Oregon & California Railroad Co. holds now by patent 2,300,000 acres Mr. Raker. Mr. Lafferty, I want to get the facts on that clear. Mr. Lafferty. There is no innocent purchaser as to this 2,300,009 acres of land. Mr. Raker. I understood from you that the Holliday Co. sold its rights to the Southern Pacific Co. ? . Mr. Lafferty. Absolutely, no. I did not say that. I said the Southern Pacific Co. owns all of the stock, just like as if you would go and buy so many shares of stock in the Pennsylvania Railroad Co. to-day; it would not change the legal aspect of the Pennsylvania Railroad. Mr. Raker. That is not my statement. I want to get clear on it. Mr. Lafferty. You know how a man can get out of a company by selling his stock ? Mr. Raker. Listen, now. I understand that the Holliday Co. sold its stock. Mr. Lafferty. No; it did not. Mr. Raker. That the stock was sold by the Holliday Co. to the Southern Pacific Railroad Co. ? Mr. Lafferty. No, the Southern Pacific Co. — not the Southern Pacific Railroad Co., the same corporation that holds the stock in the Union Pacific Railroad Co. and the Central Pacific RaUroad Co. Mr. Raker. The Southern Pacific Railroad Co. had not anything to do with this transaction until Mr. Lafferty. The Southern Pacific Co., the holding company for the Harriman Lines. Mr. TowNSEND. That is not the holding company for the Harri- mans, but the holding company for the old Huntington Lines; the "Big 4" — Huntington, Crocker, Stanford, and Hopkins. Then Har- riman bought a controlling interest in the Southern Pacific and merged it with his Union Pacific holdings, and that is what brought on the present merger of the Harriman Lines. Mr. Lafferty. Anyhow, this stock is now held by the Southern Paciiic Co., but the Oregon & California Railroad Co. is the original grantee of the Government. So, there has been absolutely no trans- fer, no innocent purchaser comes in in any sense as to 2,300,000 acres of unsold lands now in the hands of the Oregon & California Railroad Co., but the total lands. patented under the acts aggregate 3,100,000 acres. The company commenced selling contrary to and ignoring these provisions both as to the east side and the west side. It sold 50,000 nr fin. 000 acres sometimes. 8 OBEGON AND CAMPOBNIA LAND GBANT. Mr. Tayloe of Colorado. In a body? Mr. Lafferty. In a body, at whatever price it could get. Mr. Rakee. Just one question. I want to get this straight; it is important. Mr. Laffeety. Certainly it is important. Mr. Raker. HoUiday then sold all of his interests under the act of Congress and the rights obtained through the Legislature of Oregon, and that he had acquired thereunder— nghts and franchises and what not — to the Oregon & California Railroad Co. Mr. Laffeety. No; you have got that wrong; absolutely wrong. The Gaston Co.— that is, the Oregon Central Railroad Co.— made a deed to this west-side grant to the east-side company, the Oregon & Cali- fornia Railroad of Salem. Mr. Rakee. I understand, there are two companies. First, the Oregon Central Railroad Co., organized by Gaston Mr. Laffeety. At Portland. Mr. Rakee. And he failed on his first road between Portland and Cahfomia. Mr. Laffeety. That is all right. Mr. Rakee. That is right, now. HolUday took that up Mr. Laffeety. In 1880. Mr. Rakee. I do not care when. Holliday took that matter up and, through the acts of the Legislature of Oregon and the acts of Congress, obtained certain rights, privileges, etc., and he then trans- ferred all of his rights under his company, the Oregon & California Land Co. Mr. Laffeety. You have got this absolutely backward. HoLi- day never transferred anything. The stock of the Oregon & California Railroad Co. from time to time has been bought up by individuals. As to whether HoUiday ever disposed of any share of stock he owned I do not know. There was no deed made from the Oregon & Cali- fornia Railroad Co. to anybody of its franchises. The Oregon & California Railroad Co. is the only person — it is an artificial person — recognized by law as the owner of this land grant to-day. Mr. Rakee. Then, to make myself plain, under the Homday actions and transactions the Oregon & California Railroad Co. became entitled to all the rights and privileges — whatever they might be — under those grants between Portland in Oregon and California. Mr. Laffeety. Yes ; that is right. Mr. Rakee. And they never sold those rights to anybody ? Mr. Laffeety. No; the Oregon & Cahfornia Railroad Co. Mr. Rakee. Just a second. Under the original Oregon Central Railroad Co. of Portland, under which Gaston manipulated, he obtained the right from Portland to Astoria via McMinnville. Then that company transferred aU of their franchises and rights Mr. Laffeety. To the HoUiday Co.? Mr. Rakee. To the Oregon & CaUfornia RaUroad Co. Mr. Laffeety. That is right, and that is where it is vested to-day. The Acting Chaieman. But you stated it first that Gaston trans- ferred his rights to the Holliday Co. Mr. Laffeety. He did. The Acting Chaieman. Now, the HoUiday Co. was not the Oregon & California Railroad Co. ? Mr. Laffeety. It was reorganized and took that name. OSEGON AND CALIFOBNIA I;AND GRANT, 9 The Acting Chairman. Holliday was not in it ? Mr. Laffertt. Yes; Holliday was in it. Holliday was practically the whole company. He reorganized himself and changed his name to the Oregon & California Railroad Co. immediately aftey this grant was made. Mr. Raker. The holdings, as stated in my two questions, of the Oregon & California Railroad Co., so far as the company is con- cerned, as a company, are still in that company ? Mr. Lafferty. That is it, exactly. Mr. Raker. And yet there has been no transfer made by the com- gany of its rights, privileges, and franchises to the Southern Pacific o.? Mr. Lafferty. No; they are maintaining this Oregon & Cahfornia Railroad Co. as a separate corporation, and it is the original grantee or patentee of the Government. Mr. Raker. The Southern Pacific Co. is the lessee now Mr. Lafferty. Of the track ? Mr. Raeer. Now, hold on a minute — of the Oregon & California Railroad Co. Mr. Lafferty. Of the track from the Portland & California line, its lessee. Mr. Raker. For a lease of 99 years. The Acting Chairman. Judge Raker, you do not make this clear there. You are confusing between the Southern Pacific Co. and the Southern Pacific Railroad Co. Mr. Raker. I am trying to put it as definite as I can. The Acting Chairman. They say it is not a railroad; it is a holding company. Mr. Raker. If I may get started again — I want to get tliis plain for my own information. The Oregon & California Railroad Co , under the rights that they obtained through the acts of Congress and through the purchase of the Oregon Central Railroad Co , being then the owner of all of it, whatever the rights might be, have leased their road to the Southern Pacific Co ? Mr Lafferty. Well, now, Mr. Townsend can answer that question. [To Mr Townsend:] Is this lease of the track from Portland to Cali- fornia to the Southern Pacific Co. or Southern Pacific Railroad Co. ? Mr. Townsend. The Southern Pacific Co Mr. Raker. And that the Southern Pacific Co is the holding com- pany of the stock of the Oregon & California Railroad Co. ? The Acting Chairman. Yes, Mr. Lafferty. In other words, it has leased the road to itself, practically. Mr. Raker. If that is a fact, we want to know it. Mr. Townsend. They admit it in the answer. Mr. Raker. I know, but the answer is not the fact. I am not going to permit the record to show h'Cre, when the record of the Inter- state Commerce Commission shows that it is not a fact, and we ought not to proceed to indulge in an error. I think that the record if investigated and presented to the committee will show to the con- trary; that the Southern Pacific Co. has a lease of this company for 99 years and is the holding company of the stock. Mr. Townsend. Not 99 years, but 40 years. 10 OKEGON AND OAUFOBNIA LAND GRANT. Mr. Laffekty. We have traced title into the Oregon & California Railroad Co., and there the title renaains of the 2,300,000 acres. Now, here is Mr. Dixon present to-night, who is the manager of the Booth-Keliey Lumber Co., purchasers of the largest amount, I beSeve. There were 400,000 acres sold -to large purchasers and about 400,000 acres sold to small purchasers. The Acting Chaikman. Who is the grantor? Mr. Lafferty. The Oregon & California Railroad Co. is the grantor and the Booth-Kelley Lumber Co. is the largest grantee, and there are 44 other companies or individual grantees who have been sued, and then there are about 400,000 acres sold to the smaller purchasers. Now, then, to give you the history of that litigation briefly: No attempt had been made to enforce the terms of this grant until 1907. In January or February, 1907, the Oregon Legislature passed a memorial asking Congress and the President to do something to break up this land monopoly in western Oregon. It was obstructing the development of the State, and they knew that there were some conditions in the grant, but that most everybody had forgotten what they were and they seemed to be hazy on the subject; but they knew they were entitled to some kind of relief. They sent that memorial down there and it was presented formally. So Mr. Hawley took a copy over to President Roosevelt and he turned the matter over to Attorney General Bonaparte to look the matter up. Attorney Gen- eral Bonaparte designated a young man by the name of Harlan, assistant district attorney for Alaska, who was here in Washington, to look into the matter, and he held the papers something like 60 days and did not do anything; and I came here in June, 1907, on some private cases, and Senator Bourne asked me to go from his room at the Shoreham Hotel to the Department of Justice and talk about this land grant. We went in and Mr. Bonaparte said he would be glad to hear, if I would talk briefly. I told hmi if I got too longwinded that he could shut me off; and I presented the matter to him just as I have pre- sented it to the committee, and the Attorney General said, "It seems to me there ought to be a cause of action there for the Government. This grant to the railroad company was in the nature of a contract, and I have just designated a man to go to Oregon — another man — and look into this grant." Senator Bourne asked him who the man was and he replied "B. D. Townsend, assistant district attorney for North Dakota." The Attorney General asked me if I would not write out for him the verbal statement I had made and leave the written statement with Iiim, and I made out this report gratis. He offered to pay me for it, but I did not take it. The Acting Chairman. You were too modest. Mr. Lafferty. It would have been against the law. I could not work for the Government and against it at the same time. I had some cases against the Government. Mr. Raker. You got all the facts ? Mr. Lafferty. The facts are all in the pamphlet. When I got home in July, 1907, Mr. Townsend was in Portland. I was living at the Portland Hotel, and Mr. Townsend lived at that hotel two years. I wanted Mr. Townsend to go across the street to the Federal building OEEGON AND CALIFORNIA LAND GBANT. 11 and file an injunction suit restraining the company from ever selling another acre of the land contrary to law. Mr. Townsend I found to be a very able lawyer, and a much better lawyer than I am, but that is not saying very much for him. But he stated he wanted to proceed cautiously in the matter, and he went down to Salem to investigate. He went deep into the facts, 'and he has the facts at his fingers' ends. I heard him make his speech before the Federal court at Portland, and I never heard a better argument. He reached the conclusion that there ought to be a forfeiture suit brought. He was more radical than I was. I had been claiming that the grant was made to the railroad company in trust, and that the court ought to compel the company to live up to the trust and sell the land in tracts of 160 acres to settlers. He brought no suit at all, as he wanted to proceed cautiously. There had been some talk in the newspapers about it, and settlers had gone out on this 2,300,000 acres, and something like 65 were living on the land. They came to me and wanted me to bring suits for them, and I brought suits in the Federal court at Portland, asking for a decree, setting up that they had settled upon this land under the act of April 10, 1869, on the east side, and on the west side that they were settlers under the act of May 4, 1870. [Indicating on wall map.] Here is, Portland, . and this road is to the -California line, called the eastnside grant. It goes south over 300 mUes. The west side road goes out west from Portland to McMinnville, only 47 miles. And this land is on either side of the track. I filed these suits for the 65 settlers in the fall of 1907. The first suit was fUed September 16, 1907, and the railroad filed exceptions to my bill of complaint. I went up and asked the judge to pass on the exceptions and he took them under advisement, and the matter ran along until September, 1908. In the meantime Mr. Townsend came here to Washington in the fall of 1907, and he had made up his mind that, instead of bringing a suit in the nature of specific per- formance or injmiction to prevent them from violating the law further on which settlers would have gone upon the land, he would bring a suit of forfeiture. But he looked up the law and felt he ought to have a resolution passed through Congress authorizing a forfeiture suit to be brought, but he did not want to overlook any remedies that the Government might be entitled to. So' he said he would file a bill of complaint, setting up all facts, waiving no rights or remedies, and putting in an alternative prayer for relief — first, for a decree of for- feiture of the unsold lands to the United States; second, if that decree shoiild be denied by the court for the appointment of receivers to take charge and sell the land to actual settlers, as required by law. Then Mr. Townsend filed a suit September, 1908. The railroad com- pany then demurred to his complaint and demurred to my complaints for those 65 settlers; Jbut we had all angles of the case presented to the court. There were some people who filed applications to pur- chase 160 acres of land who were not settlers on the land, and they were represented by counsel. Every conceivable view was presented to the judge of the Federal court of Portland, and then the cases came on for argument on the 1st day of March, 1909. The argument lasted for 12 days. Mr. Townsend talked three days. You gentlemen are going to get off easier. The railroad company's lawyers talked six days, 12 OREGON AND CAULFOENIA LAND GRANT. I talked for three days, and the judge said he woidd take the case under advisement and he gave four months for the attorneys to me briefs, which would have taken them to up the middle of the siimmer of 1909. But the Attorney General's office, represented by Mr. Town- send, went into the case so thoroughly that no brief was forthcommg at the end of the four months. I was here on private business again in April, 1910. I was chafing under this delay. I wrote up a joint resolution — T was a private citizen here in 1910— to be introduced in Congress, directing the Attorney General to file his brief on that demurrer, which had been argued in 1909, the 1st of March. Over a year had passed. Four months had expired, and the Attorney General was in default eight months. Senator Chamberlain introduced that resolution in the Senate and Mr. Ferris introduced it in the House April 28, 1910. I went home and the resolution never c GKANT. a forfeiture of those 2,400,000 acres for breach of conditions. There had been approximately 400,000 acres sold in quite large quantities. We had extended hearings on that question, too, and it was one of the matters considered at that time as to whether Congress should confirm the titles of all these purchasers. I was not opposed to con- firming the titles of these purchasers of land from this railroad com-r pany, and I have never advocated any step that would in any way interfere with or check the commercial development of western Ore- gon. I have always said that the only legitimate function or purpose of this litigation was to promote the industrial welfare of that State, and that such litigation should not be instituted or prosecuted in any way that would check the industrial development of the State. But I did object to the confirmation of those titles at that time for the reason that if Congress directed us to claim a forfeiture for breach of conditions, and in the same breath condoned all of the breaches, that would not leave us anything to stand on. At that time Congress adopted my view and refused to confirm any of the titles. I confess that I had no objection to the confirmation of those titles, but I did not want that done while we were prosecuting the suit against the raiboad company, involving 2,400,000 acres of land. The Chairman. You were in favor of confirming the titles of every- body but the railroad company or other corporations; you did not intend to apply to those cases the same rules you had for the railroad company? Mr. TowNSEND. I can not say that my intention was quite as broad as you have stated it, Mr. Chairman, although I really believed it was best at that time to institute but one suit and that was to be against the railroad company. The Chairman. What do you say now, if your position was correct, as to confirming these titles ? Mr. TowNSEND. Just let me make one more suggestion and I wiU get to that point a little later. During the hearings before this com- mittee in 1908, I said that if any method could be devised whereby the purchasers could secure relief that would not carry with it by necessary implication an intention to condone these breaches, I would not object to it. What I mean to say is that I was opposed to confirmation at that time, because I feared it would destroy all. right to a forfeiture. Now, we instituted this main suit against the railroad company, involving the 2,400,000 acres, and subsequently the question arose as to whether or not wo should enter other suits against the pur- chasers. I objected on the ground that those suits would cause more public harm than good, as there were several small towns in western Oregon that had been built up on the strength of those titles; mill s had been installed and a large part of the industrial life of western Oregon was founded on those titles, and I made up mv mind that any good that might result from destroying those titles would not offset the injuiy that would be done to a large number of innocent people. Mr. Raker. If you are successful in your main suit as to the land still held by the company it would not affect primarily or directly thes land that they had transferred to others ? Mr. TowNSEND. It woTild not. OREGON AND OAUFOBNIA LAND GRANT. 33 Mr. Rakek. Then, after you have disposed of that suit it will have to be determined by the department as to whether or not you should proceed against these who had purchased lands from the railroad com- pany; is that right? Mx. TowNSEND. Yes, sir; except that we took up that question before the first suit was instituted. Mr. Eaker. Is it not a fact that this bill seeks condonation as to all the land that the railroad company has sold ? Is not that the pur- pose, and will not the courts be compelled to construe this act, if adopted, to be a condonation as to all the lands sold by the company? I am seeking information. Mr. TowNSEND. I think not. Mr. Eaker. Then, further: Is there not involved in this case the vital question that the Oregon & California Railroad Co. has given a deed of trust to all its lines, and that, under the law, is a transfer? And won't the courts be compelled to say that these poeple have con- donation under the deed of trust, and therefore the question of for- feiture is entirely limiting ? Mr. TowNSEND. I thirik not. Mr. Raker. Has not the Supreme Court of the United States held that a deed of trust is a transfer under these very grants, and thus defeat the Government in whatever manner it may proceed ? Mr. TowNSEND. They have held that a mortgage is a disposing of lands within the terms of the Union Pacific grant, but they have not had a question similar to this before them. Mr. Ferris. When was this petition filed that is now pending? Mr. Townsend. On September 4, 1908. Mr. Ferris. The issues have been joined ? Mr. Townsend. Yes, sir; the issues have been joined and some of the testimony has been taken. Mr. Speer. Does not the former resolution give you sufficient authority for bringing suit against the railroad, or is this necessary to sustain that suit ? Mr. Townsend. If the chairman will permit me to make a sugges- tion, I would like to say that there are about five features of this pro- posed bill about which I wish to make a statement, and I would prefer to take up each provision and will be glad to answer any questions you may have to ask as we consider it. Mr. Graham. It seems to me, Mr. Chairman, that Mr. Townsend's presentation of this matter has been so clear and his reasoning so cogent that interruptions are likely to confuse instead of enlighten, and I beUeve he should be allowed to proceed without interruption. The Chairman. I would like to have Mr. Townsend make his state- ment just as he wishes to make it. I will have to remind him, how- ever, that our time is getting short. Mr. Townsend. I think, Mr. Chairman, that in the remaining 18 minutes I can cover most of the questions involved. The Chairman. Then you may proceed without interruption. Mr. Townsend. As I have said, I objected to the institution of suits against the purchasers of land from the railroad company; but the Attorney General overruled me, and they were instituted in January, 1909, about five months after the mam suit was instituted. The issues in the main suit were complicated by interventions and cross 47197—12 3 34 OREGON AND CA1.IFOBNIA LAND GEANT. comDlaints and we were delayed somewhat in submitting the demur- Snterposed by the raUroa^ company. I may have been responsi- ble for some of the delay, as we have both proceeded in thas htigation very cautiously, both resizing the importance and effect of any mis takis that might be made. The demurrers were argued, and Judge Wolverton held that the Government had correctly interpreted its remedies and had correctly proceeded to enforce them. The court held that on the facts stated in the bill the restrictions constituted a condition subsequent and that the Government was entitled to for- feiture of the 2,400,000 acres. Our suit specifically described the land involved in the claim of forfeiture, and we described only the land still held by the railroad company and made no reference to land sold. The question arises as to the disposition of those suits against the purchasers. The proceedings in those suits have been held in abey- ance until the main suit has been disposed of. Last July the attor- neys for the purchasers made the following proposition: That they would consent that judgment of forfeiture be entered m each case restoring to the United States title to these lands, if the purchasers were given a preferential right to repurchase them at $2.50 per acre. The Chairman. We are compelled to adjourn now. When would you like to resume, Mr. Townsend ? Mr. Townsend. Whenever it is convenient for the committee. Thereupon, at 11.55 o'clock a. m., the committee a,djourned to meet for the purpose of concluding the hearing on this biU at 10 o'clock a. m. Tuesday, May 7, 1912. Committee on the Public Lands, House of Representatives, Monday, May 6, 1912. The committee met at 10.30 o'clock a. m., Hon. Joseph T. Robinson (chairman) presiding. -r, t^ m There were present before the committee, B. D. Townsend, repre- senting the Department of Justice, and Mr. A. C. Dixon, representing purchasers with whom compromise is proposed by H. R. 22002. The Chairman. We will proceed with the hearing on H. R. 22002, supplementing the joint resolution of Congress approved April 30, 1908, entitled "Joint resolution instructing the Attorney General to institute certain suits," etc., by Mr. Lafferty. Mr. Townsend will be further heard this morning. STATEMENT OF MR. B. D. TOWNSEND, REPRESENTING THE DEPARTMENT OF JUSTICE. Mr. Townsend. Mr. Chairman, when this proposition was made by the purchasers against whom suits had been instituted, for the com-^ promising of those suits, I presented the subject first to the Attorney General to secure his permission that the proposition might be enter- tained by us to the extent of submitting it to Congress ; and we came to the conclusion that, having due regard for the functions of Congress in the transaction as well as the functions of the Department oi the Interior and the Department of Justice, the orderly way would be to have a bill introduced in Congress covering the general subject and OBEGON AN]f> OALIFOENIA LAND GRANT. 35 haye it referred 'to the proper committee with the suggestion that the bill be referred by the committee to the Department of the Interior for its recommendations upon questions of public-land policy, and to the Department of Justice for its recommendations upon questions of law, and particularly as affecting the main suit against the railroad company; and that general plan has been carried out. Now, at the same time it occurred to me that if there was to be any new legislation relating to the subject of this litigation, there were a few other points that should be covered in addition to the proposed compromise with the purchasers. With that general explanation I will now take up and discuss the several features of the present bill, explaining briefly the pin-pose and in my judgment the effect of each of them. Section 1 provides that all of the claims of forfeiture asserted by the Attorney General on behalf of the United States pursuant to the resolution of April 30," 1908, are hereby ratified and confirmed and are hereby declared to be of the same force and effect as declarations of forfeiture by the Congress of the United States. Now the purpose of that is this: The Department of Justice has instituted one suit against the railroad company involving 2,400,000 acres of land still claimed by it, lands that were not sold, m that suit the principal contention asserted on behalf of the United States is a forfeiture of all these lands for breach of the conditions annexed to the grant, restrain- ing the manner in which the granted lands should be sold. In addition to that land suit we have instituted 45 suits against those who have purchased these lands in large quantities. Each of those suits in- volve 1,000 acres or more, and the aggregate quantity involved is approximately 390,000 acres. Now in the main suit against the railroad company it has been con- stantly urged that the attorneys for the Government have not cor- rectly followed out the instructions and authority conferred by the resolution of April 30, 1908. I contend that we have; that we have followed it hterally; that we have instituted the litigation exactly as you wanted it instituted, as we were directed by that resolution, feut as I explained before, the assertion of a right of forefeiture is a delicate matter. There must be no equivocation about it ; there must be no doubt whatever of the authority of the governmental officer who assumes to assert it on behalf of the Government against those challenging the authority of tlie Department of Justice to assert this right of forfeiture. Now we come to you as your attorneys, in a sense, and there is no reason why you, as the client, should not ratify the action of your attorneys and set at rest this pretended contention on behalf of the railroad company. So far as I am personally concerned I am per- fectly willing to stand upon my own judgment that the contention urged by the railroad company is without merit, but when the sub- ject comes to you, I think it quite fitting and proper, in view of all the defenses urged by the railroad company, to leave no doubt of the authority of the Attorney General to proceed in the pending liti- gation. Now note the effect of the contention made by the railroad com- pany. They contend that in this pending htigation the only thing that we can do is to determine the right of the Government to a for- feiture, and that when that is established in the pending htigation, Congress must then make a declaration of forfeiture, and we must 36 OREGON AND CALIPOBNIA LAND GRANT. then again invoke the jurisdiction of the courts to enforce that decla- ration of forfeiture. That is all nonsense. We should be permitted to go forward with this litigation and have all rights determined , and enforced as the result of this suit. Now that is all I have to say as to section 1. I do not urge it; I think it is desirable, and I know that there is no objection to it. Now, the next feature of the bill is covered by sections 2, 3, and 4. The substance of those sections is this: It is provided that none of the lands that revert to the United States by virtue of any claim of forfeiture asserted on behalf of the United States in these suits shall become subject to. the initiation of any right under the public-land laws of the United States until after the judgment shall have become final and all rights of appeal have been exhausted, and the land shall be opened to settlement and entry by proclaination of the President, Now, that is the law now. Lands reverting to the United States do not become subject to the initiation of any public-land rights until they are restored to the tract books and opened to entry by some form of executive action or by some form of legislative enactment. But these lands involved in the main suit against the railroad company, 2,400,000 acres of land, are worth approximately $75,000,000. There are many claims of 160 acres worth from $5,000 to $15,000 each, and some of them I have heard estimated even higher than that. Now there is a great activity among so-called "locators" who are exploiting these lands. I do not mean by that the honest locator; I do not mean the man who goes out and points out the boundaries of desirable public lands in good faith, lands that are subject to entry, to the man who comes along and is seeking that kind of special in- formation, but I mean the other class of locators who go around and create a desire on the part of people to make entry on lands that they have no right to enter, and then charge an exorbitant amount for the location fee. And during the pendency of this litigation, we have been hampered by the activity of the latter class of locators who have induced persons all over the United States to apply to the railroad company to purchase these lands in quantities not exceeding 160 acres, tendering $2.50 per acre, upon the theory that this provision of the grant restricting the disposition of the granted lands is not a con- dition subsequent, but that it creates a method by which the indi- vidual citizen may compel sales by the railroad company; and that application to purchase, accompanied by tender in the manner I have described, creates an equitable interest in the land applied for in the favor of the applicant, which may be enforced by a court of equity. Now that sounds very plausible, and with that plausible theory advertised to the world some six or eight thousand people have been induced to apply to purchase these lands and have paid from $25 to $300 as a location fee. Now, Mr. Chairman, it is desirable to stop that. We have attempted to stop the practice, and I believe it has now run its limit. There is virtually no more of it. But the moment that we get a decree of forfeiture of this 2,400,000 acres, the moment that we secure a judgment that declares that that land has reverted to the public domain we will go through the same experience again, and I think with even more graft than there was before. Now it is true that the President might issue a proclamation under the terms of the Dick bill withdrawing all those lands from entry until judgment shall become final, but it may seriously be questioned if the OREGON AND CAUPOBNIA LAND GRANT. 37 Dick bill is broad enough in its terms to assure the withdrawal upon that ground, and I therefore recommend the enactment of these three sections that shall put beyond all possibility of doubt the question of the right of anyone to initiate a public-land right as to any of these lands until a certain time to be hereafter fixed, giving all people an equal opportunity to participate in the benefits of the victory that the Government may win here, and at the same time enact a positive legislative declaration upon the subject that will leave no man who engages in any graft upon the subject any ground upon which he may say he has been deceived and that he thought he had a lawful right to induce people to attempt to initiate any right under the public land laws. Now in that connection I think I should add that under the law relating to conditions subsequent it is the assertion of the right of forfeiture that operates to reinvest the grantor with title as of his original estate. So that if the claim of forfeiture that has been asserted here is well founded, title has already reinvested in the United States. I do not presume in advance what the decision of the court wiU be, but basing my judgment upon the decision already rendered upon the demurrer and the views expressed by Justice Wolverton as to the doctrines of law that control the rights of the Government and the raihoad company in this case, I believe that a judgment will be entered in the near future declaring that these lands have been for- feited to the United States, and unless there is something to restrain this activity on the part of the land locator that I have described there is bound to arise a situation that will be regretted by all, that no one can control, and that I think should be stopped at the beginning. Now as to section 5. In considering the proposed compromise with the large purchasers the question suggested itself to my mind that something should be done to protect the small purchasers who have not been sued at aU and "whom we do not intend to sue. The resolution of April 30, 1008, directs, without limitation or qualifica- tion, the institution of aU suits deemed adequate and proper to assert and enforce the rights of the Government. Now it is com- mitted to the discretion of the Attorney General, as I understand it, what suits shall be considered proper and adequate, and exercising that discretion the Attorney General concluded that suits could not be instituted in every case where the lands were sold in quantities exceeding 160 acres, or for a price exceeding 12.50 per acre, or to a person who was not an actual settler at the time of purchase. To have done so would have necessitated no less than four or five thou- sand suits against no less than twenty to twenty-five thousand parties. That would have been wholly impracticable. It was neces- sary to draw some arbitrary line to keep this legislation within the bounds of practicability, and so, without intending to discriminate, we fuiaUy came to the conclusion that we must draw the line at a thousand acres, and that rule was observed. Even then there were a few instances where no suits should be instituted. For instance, the city of Portland has purchased something like 3,500 acres on Mount Hood to conserve the city water supply. Now, it was quite apparent to all of us that that land, having been taken for public use, for public benefit, no question should be raised as to it; that is, as against the city of Portland. Then there were several instances where coloniza- tion companies had purchased a thousand or fifteen hundred acres of land and had distributed the lands in small holdings from 40 to 160 38 OREGON AND CAIiIFORNIA LAND GRANT. acres among colonists, and the actual purpose of these limitations had been accomplished. . Now we concluded that it would not be fan- nor right, nor was there any pubUc reason why the title of those small holders should be attacked, although it had proceeded through a larger purchaser. Then there was a purchase by a brotherhood of friars not far from the city of Portland, some sixteen or seventeen hundred acres, and they had established some sort of a mission there — I do not know what the technical name of the institution is, but the lands are being devoted to benevolent and charitable uses, and of course we did not mclude that in our suits. There were seven or eight instances of the kind that I have described. If we had drawn the line, say, at 750 acres, it would have made SD many cases in which the titles were so complicated that the working out of the details would have obstructed our work in the main case. The main object of all this litigation, you must bear in mind, is the main suit against the railroad company involving this 2,400,000 acres. That is the ultimate — I should say the primary- object of this litigation. Mr Rakek. In that connection — I have another appointment this morning, and there is just one other matter I would Hke to ask about now. The Chairman. Very well. Mr. Raker. In view of the statement that you have just made, Mr. Townsend, suppose that a bill was passed reading as follows: That all suits in equity, actions at law, or other judicial proceedings instituted, and all claims of forfeiture heretofore or hereafter asserted by the Attorney General on behalf of the United States in or by any and all suits in equity, actions at law, or other judicial proceedings instituted pursuant to the joint resolution of Congress approved April thirtieth, nineteen hundred and eight, entitled "Joint resolution instructing the Attorney General to institute certain suite," and so forth, be, and thesame are hereby, approved, ratified, and confirmed, and full and plenary power and authority be, and is hereby, given to the Attorney General on behalf of the United States in and by any suit in equity, actions at law, or other judicial proceedings to fully carry out and enforce the provisions of the joint resolution of Congress approved April thirtieth, nineteen hundred and eight, entitled "Joint resolution instructing the Attorney General to institute certain suits." (36 U. S. Stat. L., p. — .) Suppose that were adopted. Would that not carry out the very thing that would relate to the forfeiture of this land grant now held by the railroad company? Mr. Townsend. I would have to read that a little more carefully. [Reads paper.] Mr. Raker. "Wouldn't it be, if that does it, wouldn't it be the better policy to proceed vsdth this suit now pending with full, ample, and plenary power directed by Congress confirming what has been done rather than to comphcate any other suit that might be brought or anybody else that might be involved who bought from the railroad company? Wouldn't that be better as a question of public policy, after the question of declaring the forfeiture? That is what I am ttjing to do, and if this does that, wouldn't that be the better policy to pursue ? Mr. Townsend. In answer to that please let me examine this care- fully, and I will answer your question fully. This comes to me in a new form, and I would rather look it over. The Chairman. This is a matter which is important, and it would be fair to Mr. Townsend that the suggestion be submitted to him and OREGON AND OAUFOKNIA liAND GRANT. 39 that he be given ample opportunity to investigate the amendment which you suggest, and therefore I think that any discussion of the amendment should probably be delayed until Mr. Townsend has had sufficient opportunity to investigate and examine it. He will then be given an opportunity to express his opinion. Mr. Raker. Yes. Now, if you should answer in the affirmative, or by any additional amendments to the one presented, to give the power to the Department of Justice, if your answer is in the affirma- tive, would it not be the better policy that a separate, distinct, and independent resolution or bill be introduced to control the matter, if possible, so that pending this litigation and until it has been deter- mined Congress may by proper law prevent any further entering, dis- position, or disposing of that land, so that it would obviate the ques- tion of new parties going in there and locators bunkoing people from the East and other places to go in there and file upon this land, thereby absolutely prohibitmg and preventing any complication and further suits, and the suit pending against the 2,400,000 acres, as well as those you have named, and against the purchasers of land should be left standing until this main forfeiture suit is determined, and when that is determined you would be in a position, under the legislation enacted, " to adjust it with them without any suit whatever ? Mr. Townsend. I will answer Judge Raker's question later. Now, referring to the subject of these purchaser suits, I have explained to you that we have instituted 45 suits against the purchasers, pursuant to the policy that was adopted. But the resolution of April 30, 1908, is a cloud upon the title of all the lands sold in quantities in excess of 160 acres, or for a price in excess of $2.50 per acre, or to a person who was not an actual settler at the time of purchase, although pur- chasing a very small quantity of land. Then again, there is no method by which it can be made a matter of record that any of the land was sold to an actual settler. Now what is the result ? Why, Mr. Chairman, the men who purchased those lands in small quan- tities, even though shghtly in excess of 160 acres, and their successors in title, find themselves with a cloud upon the title that virtually precludes them from selling their land or raising money upon it, and for the most part they are men of modest means and wholly without the means to protect themselves against that situation. Now we do not intend to sue them. They never will be sued, and I make that statement, not only as the declaration of the policy of the department at the present time, but as a prediction that the same policy will necessarily be pursued by anyone who has anything to do with that litigation. The title to a large number of homes in western Oregon is in that very situation. The title is clouded by this doubt that I refer to, and I say that something should be done for the relief of those persons. No public good is accomplished by clouding the title that you never intend to attack. It is accomplishing no good, it is injuring the small holders, and it is injuring those who are compara- tively helpless. Now, I do not want you to do anything that can be construed as a condonation of any breaches of these conditions. But the way in which you can accomphsh the end sought is by establishing a time limit within which suits may be instituted, because the fixing of a limitation of time for the institution of a suit is in no sense a waiver of the cause of action; it is in no sense a condonation of the wrong 40 OREGON AND CAUFOKNIA LAN» ©BANT. upon which the cause of action rests. For instance, fixing the limi- tation of time within which the United States may institute suits to cancel patents issued through fraud is not a condonation of the fraud. It is simply a suspension of the remedy upon grounds of general pubhc policy, and it never can be construed as a condonation of the original wrong. Mr. Volstead. Isn't there this situation: That they might go on and remove that hmitation later on by act of Congress ? Mr. TowNSEND. The Supreme Court, in United States v. Chandler and Dunbar, reported in 209 United States, held that a hmitation of time for the institution of suits affecting title to realty goes not only to the remedy but to the right, and upon the expiration of the time it acts virtually as a statute declaring that so many years of adverse possession creates a prescriptive title, and while I would not bind myself to answer your question, because it may be involved in litiga- tion now pending, and I should prefer to examine the matter more thoroughly before answering, still my individual opinion is that when Congress fixes a limitation for the institution of suits attacking the title to realty, when that limitation has expired, a right has arisen 'that can not be taken away by subsequent legislation. But that is only my individual opinion. Mr. VOLSTEAD. You mean that the opinion you speak of would apply unless there was a removal, an attempt to remove the limita- tion by subsequent act of Congress ? Mr. ToWNSEND. It must be done within the statute of limitations. The act of March 3, 1891, section 8, limits the time in which the United States may institute suits to cancel title. Justice Holmes has held in a recent case that even though the patent was void, in that it was issued without authority for lands that had been withdrawn from the jurisdiction of the Interior Department, it was held that after the six years had expired the patent became a valid title that was not subject to attack on any grounds, and the necessary effect of Justice Holmes's decision is that the United States could not attack it here by any subsequent legislation. That necessarily follows. Mr. Volstead. Then it seems to me it would necessarily follow that a statute of limitations of this kind would in effect waive the breach that you are relying upon for the purpose of setting aside these titles. Mr. TowNSEND. I can not stop to discuss it now, but it seems to me so plain that no discussion is necessary. If I, a private grantor, should tell my attorney to institute certain suits, but on account of commercial and industrial interests of the community in which I Uve I did not want him to institute these certain other suits, or should limit the time within which he should institute any suits, nobody could say that I intended to waive any of my rights or that I intended to condone any invasion of my rights. Isn't that true ? Now, the United States has the same rights as any private grantor. Mr. Volstead. Yes; but pardon me, that would not stop you if you changed your mind later on. You might say to your attorney, "Go on and bring your suits." Mr. TowNSEND. So you could here. You say now to your attorney, "You can not institute any suits after a year from to-day." You may change your mind inside of a year. Mr. Volstead. Yes, but what I was suggesting was that you might make a waiver by this limitation. OREGON AND CALIFORNIA. LAND GRANT. 41 Mr. TowNSEND. I can not see that the fixing of a period of limita- tion is in any sense analogous to the waiver of a right, the condona- tion of the invasion of a right. It can not be possible, because the question of waiver and condonation is a question of intent. If the United States can not here do that which public interest requires, and refrain from instituting suits after a year from to-day without waiving all the right it has — why, it is riaiculous. You might just as well say that a business man could not bring suit against one debtor without bringing it against all of them. Now dearly the United States is not put in the ridiculous position that it will have to institute all of the suits that it can' institute, or waive its right to maintain a particular suit. Now that same question has been asked me before, 'By what theory do you pretend that the United States may institute only a few suits "that they could institute on these grounds and not mstitute all of them?" And I said, "Upon the same theory that any business man may institute what suits he pleases and not institute others." Mr. Volstead. It seems to me, under this provision, if you con- done any of the breaches of this contract — I presume one or a dozen of them will be just as good as a thousand — if you condone any num- ber of them you lose your right of forfeiture as to the balance. Mr. TowNSEND. I do not want to see any condonation of any breaches, and the fixing of the time within which suits may be insti- tuted is not a condonation. This simply means that they could not bring any suit which was instituted after the year had expired. This does not condone the wrong; it waives no rights. It simply means that the expiration of the period of limitation has suspended the remedy. Mr. Volstead. I am willing to accept that, but I would hesitate a great deal if I were going to bring suit against these parties and intended to fight that suit, because it seems to me that the United States might subsequently conclude to declare a forfeiture. Mr. TowNSEND. I can not put your two contentions together. You say on the one hand that it might be a condonation of the breach and on the other hand that the United States might take it back and declare a forfeiture. I say that the fixing of a period of limitation is not a condonation, and when that period of limitation expires, under the decision of Justice Holmes in the Chandler-Dunbar case, it creates a right as well as a bar to a remedy. Then clearly Congress can not by subsequent legislation take it away, and that is the decision of Justice Holmes. Now, you have my views upon that subject. I say that in my judgment the limitation of time in which further suits may be instituted can not be considered as a condonation and can not affect the other cases that we desire to prosecute, and, on the other hand, it will accomplish public good. It will relieve the titles of those small holders, home owners out there, from the cloud that exists at present, and therefore I recommend the enactment of section 5, which accomplishes that end. At the same time you will observe that section 5 is guarded bj"- the following proviso : Provided, That this section shall not be construed to apply to any suits in equity heretofore instituted nor to any of the parties thereto, nor to any of the lands involved therein, nor to the institution of any further suits in equity, actions at law, or other judicial proceedings relating to any of the lands that are involved in said pending suits. 42 OREGON AND OAUlfOENIA LAND 6BANT. That is upon the theory that if any of the pending suits should for any technical reason be dismissed we could reinstitute those suits. Then there is this further proviso in section 8, which says: That nothing in this act contained, nor action taken pursuant to the provisions of this act, shall be construed as a condonation of any of the breaches of any of the con- ditions or provisions annexed to any of the grants designated in said joint resolution approved April 30, 1908, nor as a waiver of any of said conditions or provisions, nor as a waiver of any right of forfeiture in favor of the United States on account of any breach or breaches of any of said conditions, nor as a waiver of any cause of action or remedy of United States on account of any breach or breaches of any of said con- ditions or provisions, nor as a waiver of any other rights or remedies existing in favor of United States. That is to preclude the possibility of any implication of an intention to condone or waive any conditions or breaches thereof. Upon that subject I want to say this. Suppose that this were a private grantor. Suppose an individual owning a large quantity of land should grant in alternate sections half of the land in consideration of the construc- tion of transportation lines or other internal improvement, and he annexed to the grant restrictions upon the sale of the granted lands exactly as those in the case under consideration. Suppose that that condition should be violated. Will it be contended for a moment that the private grantor could not say, "I will pursue my remedies against my immediate grantee as to all of the lands that he now holds, but upon grounds of morality, upon grounds of general public policy, I shall not pursue those who have been defrauded by my grantee, as well as myself; I will not pursue John Jones, who was charged $5 an acre for this land, when he should only have paid f 2.50 an acre, and I shall not pursue this other man upon the same grounds." Do you mean to tell me that that man could not in one breath say, "I will pursue my remedies against my original grantee, but I will not pursue my remedies agamst the other man," without giving rise to the con- tention that he was condoning breaches of the contract? It seems to me absolutely plain that the original grantor could enforce aU of his rights against this grantee without instituting any other suits, and could declare that to be his intention at the time he instituted his suits. Now, why is this question under consideration here at this time? Because the railroad company has, from the time you passed that legislation, April 30, 1908, believed and hoped that the practical eflFect of this litigation would be so far reaching, injure so many innocent people, and so disturb industrial conditions in western Oregon that the litigation would finally become so unpopular that we could not carry it on. That has been their object from the beginning, and in every way possible I have prevented that. There have been many times in the past three or four years when I have been called upon to step in and prevent some form of pubUc injury resulting from file pending litigation. And it is for that general reason that I recommend a hmitation upon the institution of suits where we in fact do not intend to uistitute as a protection for those small purchasers that we did not intend to sue and without giving rise to any imphcation of an intention to waive the breaches as between the United States and the railroad company. Mr. Pickett I gathered a moment ago that you did not consider this so-called hmitation clause as a bmding limitation or bar to OREGON AND CAUFORNIA LAND GRANT. 43 action if the Government should bring this suit after the one-year limitation. Mr. TowNSEND. That is what Mr. Volstead said. I said that under the decision rendered by Justice Holmes in the Chandler-Dunbar case it was a bar to the subsequent institution of suits. Mr. Pickett. That was my opinion of it. Mr. TowNSEND. My position is that in so far as any implication of intention to waive any rights is concerned it is not different from the purpose expressed by an individual grantor. I do not mean so far as its binding eflFect is concerned, but so far as it conveys an impHca- tion to waive a breach of the conditions. It makes no difference whether the grantor be an individual person or the United States, as in this case. He may say, " I will enforce all my remedies against my individual grantee, and I will not enforce them against you gentle- men over there, although I do not by that mean that as between nayself and my immediate grantee I condone those violations of con- ditions which I annexed to my grant, but for practical reasons I can not bring suits against you, and in expressing my intention not to bring suits against you I do not intend to condone any breaches by my grantee or to waive the transactions which constituted the breaches of the conditions I annexed to my grant." Mr. Pickett. In brief, that the Government would exercise the same prerogatives that the individual would ? Mr. TowNSEND. Yes, sir; and there would be no implication of intention on my part to waive any of my rights. Mr. Raker. May I ask one question? Mr. Townsend, have you found any authorities of the Supreme Court — of the highest courts — of any suits wherein a grantor has granted a tract of land upon an expressed condition subsequent that the grantee shall do a certain thing, for instance, put up a certain building for school purposes or charitable ^purposes or something of that kind, and the grantee has deeded away a part of that land and the grantor commences action against the grantee to have that grant set aside, and expressly waives all claim of right of forfeiture as against the grantees of the grantee ? Would that suit declare the forfeiture under the subsequent express condition ? Mr. Townsend. Yes; I have it better than that. I have a situa- tion of that kind in regard to railroad grants, where all the railroad companies were in default in the construction of their railroads. I am safe in saying that in not a single instance was the railroad con- structed within the time required by the granting act. The time within which the railroad should be constructed was in each instance made a condition subsequent, for the breach of which a right of for- feiture arose in favor of the United States. Now, under some of the grants it said the lands to be forfeited should be the lands not dis- posed of by the railroad company at the time of the breach ; in others, the lands that were not patented to the railroad company at the time of the breach; in other cases the lands opposite the uncon- structed portion of the railroad should be covered by forfeiture. Now, from 1880 to 1890 there were a great many bills pending in Congress for the enforcement of that right of forfeiture. Most of those bills related to individual grants^ but there were three or four general laws that related to all grants. They finally ended in the enactment of a law, September 25, 1890, which provided that 44 OREGON AND CALIFORNIA LAND (SBANT. in all cases where the railroads had not been completed and put into operation at the time the act was passed, the lands opposite the unconstructed portion should be declared to be forfeited. Now, that general forfeiture act of 1890 was not consistent with the con- ditions subsequent in all of the grants by any means. It waived the right of forfeiture down to that time, and there was not a grant that did not require the completion of the railroad prior to 1880, and this act was not passed until 1890. Moreover, it provided for the for- feiture only of the lands opposite the unconstructed portion of the railroad, wliereas the grants provided for forfeiture of all lands that were not patented in some cases and that were not sold by the rail- road company in other cases. The Supreme Court sustained that law in the case of United States v. Tennessee & Coosa Railroad (176 U. S.). The Supreme Court expressly held there that the United States had not enforced its right of forfeiture as it could have enforced it, but that Congress could do that; it could claim forfeiture for less than the entire amount that the United States was entitled to claim, and nobody could complain of that. And in that case they con- firmed the title to the land opposite the constructed portion of the railroad and declared the balance subject to forfeiture, although under the terms of the grant the greater amount of the land shoum have been forfeited. Now, Mr. Chairman, I want to come to the next provision of this bill, giving authority to compromise the purchaser suits, which appears in section 6. These other questions, in my opinion, are collateral. If it were not for bringing to your attention the proposed compromise with the purchasers, I doubt if I should recommend any independent legislation upon these subjects; but since the subject is coming before you on the proposed compromise with the purchasers, I have recommended the enactment of these other provisions. Now, let me state to you the reason which, in my judgment, shotild control in determining whether the Attorney General shall be authorized to compromise the purchaser suits. In the first place, I will say that the Attorney General has general authority to compromise all suits instituted by him or under his direction. But here is a suit that was instituted by your special direction, so that due respect for Congress demands, in my judgment, that we should hesitate to compromise any of these suits without taking you into our confidence — without sub- mitting the niatter to Congress — and in the second place, no compro- mise is practicable that does not involve in effect a conveyance of land; and surely no executive department has authority to do that without express legislative authority — I mean congressional author- ity—because the Constitution gives to Congress exclusive jurisdiction to dispose of the public lands. Now, for those two reasons we come to you. The first of these is because you directed this suit to be mstituted, and you are entitled to know and approve of any com- promises of any of these suits. The second reason, because I think the Attorney General has no authority to make this compromise without specific authorization from you. Now let me present to you briefly the reasons that I think should be considered m determining whether this authority should be granted to the Attorney General. Mr. Pickett. In order that I should clearly understand it, as I gather section 6 it simply means in substance that the Attorney Gen- OBEGOOSr AND OALIFOENIA LAND GEANT. 45 eral can enter into a stipulation with any present owner of this land, and if a decree in favor of the Government shall be entered, this per- son shall have the preference right to buy it. That is the substance of this section, is it not ? Mr. TowNSEND. Yes. Mr. Pickett. Really the Attorney General is not doing much com- promising, is he ? Mr. TowNSEND. Yes. Mr. Pickett. You are giving them the privilege really of taking the decree and then entering the land. Mr. TowNSEND. No, no; this does not create a statutory right in favor of the parties who hold the land. It creates an authority in the Attorney General to stipulate. These parties can not claim this as a matter of absolute right. I want to make that clear that we do not want to create any absolute right in favor of the purchasers of these lands, and I will thank you for any suggestions that will make that clear. The Chairman. Please state the substance of the proposed com- promise; the purpose of it. Mr. ToWNSEND. The proposed compromise was submitted last summer, and it comes as a specific proposition. I am not in favor of compromising as to the 2,400,000 acres at all. That is expressly ex- cluded. But these purchasers propose as follows : "We will stipulate to have a decree of forfeiture entered in aU cases, if we will have six months in which to repurchase the land from the Government at $2.50 an acre." Now, you see, that is not a condonation of the condition of the grant to the railroad company. On the contrary, it is an enforcement of the right of forfeiture. Clearly the United States can say as to any and all of this land that after the right of forfeiture has been enforced the land shaU be disposed of in a certain manner, and that does not constitute any waiver of the right of forfeiture, nor is it even inconsistent with the exercising of the right of for- feiture. The Chairman. What is the value of this land ? If the Government permits the purchasers to purchase at a nominal value, what would be the practical effect ? If there was no waiver, what would be the value of the forfeiture? Mr. TowNSEND. In nmy judgment, the practical eflfect would be just the same as if those lands were restored to the pubhc domain and sold to purchasers at $2.50 an acre, as other public lands have been. Mr. Pickett. But these suits are against parties who have gotten more than 1,000 acres. If one person had acquired 2,000 acres, is it your idea to give the Attorney General the right to compromise with him, to enter into a stipulation providing for a decree and to give him the 2,000 acres at $2.50 an acre? Mr. TowNSEND. Yes; that is exactly it. And I want to give you the reasons now, the grounds upon which this is proposed. I will present to you first the legal contentions, then I will present to you the grounds of public policy that I think should be taken into consideration here. These people contend that they acquired these lands in good faith, for full value, in absolute ignorance of these restrictions upon the sale of the granted lands; that they knew of no restraint upon the manner in which the railroad company might sell these lands; and that thev paid full value. Now, that has been thoroughly investi- 46 OREGON AND CALIFORNIA LAND GRANT. gated as to most all these instances, and while I do not here intend to bind the Government by any admission — I am not authorized to do that— but for your information I will say to you that I am satisfied that is generally true. I am satisfied that not one of those purchasers knew at the time of the purchase that he was securing a questionable title, and I will tell you why. Until this controversy arose the title to these lands in Oregon had never been questioned in a single in- stance. You can go back as many years as you want to and you can not find a single instance where a title was rejected. In the second place, you will find that these purchasers paid more for the . odd-numbered sections from the railroad company than they paid for the intervening even-numbered sections that they bought from various other purchaers. The railroad company got the top market price for this land. Now, it stands to reason that no man would go in there and pay the top market price for land if he thought it was con- veyed by a defective title. In most instances these same people could have gone a little farther to one side or the other and purchased the same quantity of land at the same or less price — the same character of land and just as valuable as that they got from the railroad company — and these lands were all acquired in such a manner that there is no doubt as to their faith in the validity of the titles. The circumstances all show, in my judgment, that these men did not know that they were buying a title that was in any way defective. There was absolutely nothing in the abstract of title to indicate that there was any restraint upon the power of the railroad company to convey, and this old provision in the grant was completely lost sight of and was really a dead letter so far as its actual, practical worlong force was concerned. Now, these purchasers say that not only did they buy in perfect good faith and in absolute ignorance of this restraint, but they say that that ignorance was induced by the conduct of the United States itself in this: First, that the United States has stood by for 40 years and allowed this thing to go on without raising its voice in protest; second, that the United States passed an act in 1897 authorizing the exchange of lands within forest reserves for other public lands outside of the boundaries of forest reserves and that under this law the United States has accepted these railroad lands as high as 10,000 acres in a single conveyance and the Interior Depart- ment has accepted the railroad title as a valid title in exchange for other lands. Those abstracts of title have been submitted to the Government, and the Government officials themselves had forgotten this restraint upon the power of alienation. In fact, I have interviewed all the attorneys in the Interior Department that passed these titles, some 10 or 15 of them, and they all frankly admit that they did not know at the time that there was any restraint in the title upon the power of ahenation. Mr. Volstead. That would not affect the Government, anyway. Mr. TowNSEND. No; but it goes to the question of good faith of other persons who did the same thing. I am showing not only the legal but the moral grounds upon which these purchasers ask for consideration. In the third place, these purchasers say that the act of Aprd 10, 1869, which creates these restrictions upon the sale of granted lands, provided among other terms of the act that if the grant had vested in the West Side Co. at a prior time the West Side Co. should not be affected by anything in the new act, but if the grant OBEGON AND CAUFOKNIA LAND GRANT. 47 vested in the East Side Co. pursuant to the provisions o£ the act of April 10, 1869, why, then, the grant did vest subject to these restric- tions. Now, most all of the patents recite only the act of July 25, 1866, and make no reference to the act of April 10, 1869, contaming the restrictions. So the attorneys for these purchasers say that both of these two railroad companies were called the Oregon Central Eailroad Co., and there is no way that anyone could tell whether the grant vested in the West Side Co. free from any restraint upon the power of alienation, or in the East Side Co. subject to this restraint upon the power of alienation, except as the Department of the Interior indicated by the form of patent, and when the Department of the Interior issued this patent under the act of July 25, 1866, that was in effect a judicial determination by the Interior Department that the grant invested in the prior company, the first company, was not subject to the act of April 10, 1869, and that the Interior Depart- ment had jurisdiction to determine whether the grant vested in the East Side Co. or the West Side Co. Now, I have stated in a general way the legal defenses alleged by and on behalf of these purchasers Of course, I can not feel that I have done justice to their argument, because I have not elaborated upon it, and I take the opposite view. I say that we can overcome those legal arguments I think we can defeat those legal and equitable defenses, but there are certain conditions that should be considered here upon grounds of public policy; and I say that if these suits are to be compromised they should be compromised not so much as a recog- nition of the sufficiency of the defenses that they allege as upon grounds of public policy The industrial life of western Oregon is largely built upon the faith of these titles. Capital has been invested, a large amount of money has been expended by the people there, little towns have sprung up, and the industrial life of that part of Oregon is very intimately associated with these titles. The Chairman. Now, Mr. Townsend, have you with you a list of these 45 suits that it is proposed to compromise? Mr. Townsend. I have. The Chairman. Can you submit that hst ? Mr. Townsend I can. The Chairman. I suppose that during the investigations the depart- ment has found it necessary to make a record as to the title of all of these lands, and the matter has been thoroughly gone over ? Mr. Townsend. Yes, sir; as thoroughly as we could The Chairman. Have you a list of the other lands that are not affected by the 45 suits ? Mr. Townsend. Yes. The Chairman. Can you submit that to the committee to be placed in the record ? Mr. Townsend. It will be several hundred pages. The Chairman. I understand that in all probability it will be voluminous. Mr. Townsend. There are some five or six thousand sales, you know. The Chairman. Is that available in the Department of Justice ? Mr. Townsend. No. I have kept a continuing abstract of 3,200,000 acres of this grant from the time of the first conveyance 48 OREGON AND CALIFOBNIA LAND 'GRANT. down to date. I have an abstractor who goes from county to county all the time keeping that abstract up to date._ The Chaieman. Now, as to the 45 suits, please state the general character and features involved in those suits. Mr. TowNSEND. So far as I know, nearly all of those purchasers are operators; mill operators either there or elsewhere. There may be some of those holdings that are purely speculative, but I do not know them if there are. I could go through the list and tell the his- tory of most all of these purchases. The Chairman. Can you do that, and will you submit that before the hearings are concluded ? Mr. TowNSEND. I will, with the assistance of some of the gentle- men from Oregon here. The Congressmen and others can assist me in that. The Chairman. I think this bill might mention the question of good faith. It may be that the committee would take a different view of it, but I suggest that for your consideration. I think, also, you ought to show, if you can do so, the area on that 2,400,000 acres where operations have already actually begun and were begun prior to the passage of the resolution under which the suits were instituted. Mr. Hawley. There are no operations, as I understand it, on the 2,400,000 acres on which the Government has instituted suits against the railroads. Mr. TowNSEND. No ; there are none at all. Mr. Hawley. There are 2,400,000 acres outside of the 250,000 acres involved in these suits. The Chairman. When I say 2,400,000 acres I refer to the suits against the railroad company where the proposition of compromise is involved here. In order to obviate any difficulty that may arise by reason of technical claims made by persons conducting operations in that area, which you think is about 400,000 acres, on what pro-, portion of that area were operations already begun at the time of the passage of this legislation? It seems to me that one who operated after the resolution was passed, with knowledge of the fact that suits would be begun, would be in a different attitude from those who had begun operations prior to that time. Mr. Townsend. Let me make one general statement there. To install a modern lumber mill, such as are being operated in Oregon, requires a guaranty of enough stumpage to keep the mill going for a considerable length of time, and that would probably be from twenty- five to one hundred thousand acres of timberland. "You will not find any of those big mills being installed without assurance of that much stumpage. Wlien a number of these people bought lands other than from the railroad companies, from other sources, and installed their mills, they would buy railroad lands adjoining, and in some cases they have not reached the railroad lands yet. You will find that there are many instances of that kind where the operators have not commenced to operate on the railroad lands. I thought in the begin- ning that there were more speculators among them than there are, but I find many of them operating in the immediate vicinity on other lands that I did not know about in my early information of the subject. Now there are two or three instances where I think that the parties had nothing else in mind than an investment in timberland when they OREGON AND CAUPOBNIA LAND GBANT. ' 4; 9 purchased. But they could have invested the same amount of money m an equal quantity of land, of an equal value, the title to which was not in doubt. The Chaieman. What sort of a conveyance did they take from the railroad company ? Mr. TowNSEND. Most of the railroad companies in the western States up to 20 years ago were giving a bargain and sale form of con- veyance without warranty, but in 1892 they switched that to a pl^in quitclaim form of conveyance, and you will find tha,t to be quite the universal conveyance used by all railroad companies in the Wesc, whether they have restrictions of this kind or not, and that was largely- because of the possibility of suit by the Government to cancel patents. The Chairman. Do these 45 purchasers have a cause of action against the railroad companies on warranties ? i^r. TowNSEND. I thmk not, but I have not looked into that thor6ughly. The Chairman. It may concern Congress on the question to deter- mine whether they have the right to relief under tnis bill. If it is admitted by all that the railroad company acted in bad faith and that these people acted in good faith, they have a remedy against the railroad, and it seems to me that they ought to exhaust that first before asking relief from Congress. That is a matter for investi- gation. Mr. TowNSEND. I have examined that subject considerably, Mr. Chairman, and I hesitate about expressing an opinion on that, but my judgment is that they have no remedy. Anyway, if they have a remedy it is not a complete one. These purchasers did not pur- chase diiect from the railroad company in all instances. In very many instances they purchased from others who had purchased from the railroad company, but the railroad company sold upon contracts calling for payments in installments, usually 10 installments. Now, suppose A purchases several hundred acres from the railroad com- pany at $6 an acre. He pays three or four annual installments. Then there is a sudden increase in the value of the land, and it goes up to probably $25 an acre. B lives in Michigan, and decides to go West and invest in timberland. We will say B wants 20,000 acres of timberland whose title is not in dispute. He goes to A, who has his contract from the railroad bought at |6 or 17 a,n acre, and the lands are now worth |30 an acre. B buys the land from A and goes on and carries out the tei^ms of the contract, and when they ai^e finally fulfilled the railroad coijiveys the title to them. Now, what would b& thjeir remedy against the railroad ? Even if they ha,d any remedy it would be only aboU|t $5 or $6 an acre, which would be .inadeq,vate. Mr. Beall, Wl^en this man spld out to these ]^|ichigan people, what kind of a 4eed \70uld they get? Mr. TpwN^END. He would just assign the contract. They would get no deed at all. Mr. Kaker. Have you the printed record of the complaint, the argument ? Mr.' T'o.wNSEND. Yes . 4719.7—12 4 50 OREGON AND CALIFORNIA LAND GRANT. Mr. Eakee. Have you your brief printed in that case ? Mr. TowNSEND. Yes. Mr. Kakek. And the defense of the railroad company? Mr. TowNSEND. Yes. Mr. Kaker. Mr. Chairman, is there any method by which we could have that record left with us, a copy of the brief of the United States and the brief of the railroads ? The Chairman. Certainly, it can be left with the committee. If you have it available we would be glad to have you leave it with the committee. Mr. Townsend. Here is the brief. There are about 800 pages of it. I want to offer this one general suggestion: There is the ques- tion of whether more pubhc good will result from litigation of tliese suits against purchasers than would result from the compromise, leaving industrial conditions where they are. Then there is another question: Have you considered whether, in view of the fact that these purchasers have defenses far superior to any that the railroad com- pany can allege— I will not admit on this record that the defenses alleged by the purchasers will prevail, but you must all admit that they are far superior to any that can be alleged by the railroad com- pany — and this question should be considered whether the considera- tion of those superior defenses by the Supreme Court at the same time as the defenses of the railroad company may affect the chances of the Government in the main suit against the railroad company, and whether, as a practical question, we would not be in a better position when we get into the Supreme Court, if the Supreme Court could see and we could point out that the decree could not affect anybody but the railroad company and would have no collateral effect that might be taken into consideration by the Supreme Court? Now as a practical question addressed to a practical lawyer, what would you say as to that feature ? Now I want to say tins, that I was opposed to the institution of any suits against the purchaser three years ago, and I have been against it all the way through. I thought the public interest would be better subserved by not brings ing the suits against them, and it was only after I had taken a stand against it for a period of four or five months that I was forced to institute these suits by Attorney General Bonaparte. When Attorney General Wickergham came in he agreed with me, but it was too late then, for the suits had been started before Mr. Bonaparte's term expired. I am telling you frankly that that has always been my view. Now, if you want those suits prosecuted we will go ahead and prosecute them, and in my judgment we can obtain a final decree in every case, if you want it done. I think that there may be no legal obstacle to it, but I doubt if it is morally right to do it. I doubt if the United States should exact the pound oi flesh in' those suits. That is my own judgment, and I know the circum- stances of those cases, because I have been representing the Govern- ment there, and have been through the record for the last three years, with little else to do. Now, gentlemen, I can not ask you for another hearing. I can not be sure that I can remain here myself, and I will observe your re- quest to extend in the record anything else that may occur to me. I have got to get home, and I want to thank you for the kind attention OREGON AJSTD CALIFORNIA LAND GRANI. 51 you have given me. I can not hope to appear before you again before I must return. Mr. Beall. What is the total involved in these 45 cases ? Mr. TowNSEND. Approximately 390,000 acres, and the $2.50 an acre is in a sense a nominal compromise. I should say that those lands would average $25 an acre. I should say that the $2.50 an acre compromise would not be much more than one-tenth of the value, the market value now, because those lands would average from $20 to $25 an acre. The aggregate value of the lands held by the railroad companv, I should say, is about $75,000,000. That may be high, but I tfiink it is correct. Mr. Beall. What is the largest amount involved in any one suit ? Mr. TowNSEND. I think the largest is 68,000 acres. The chairman requested me to furnish a list of the purchasers against whom suits are now pending. In each of these suits there are several parties, including predecessors in interest and mortgagees. In the following list, I have given, in each instance, the present holder of the legal title (subject, of course, to the Government's claim of forfeiture). These constitute the real party in interest in each case. It will be observed that in foxir instances there are two or three suits against the same party in interest. NAMES OF THE PUKCHA8EES AGAINST WHOM SUITS ARE PENDING. William M. Ladd. Albert R. Downs and Edward R. Downs. George K. Wentworth and Justin Wentworth (3 suits). John M. Keith. Ashland Manufacturing Co. Jackson A. Graves. Elk Creek Lumber Co. Hammond Lumber Co. Booth-Kelly Lumber Co. (3 suits). L. A. Lewis. Olean Land Co. Louis Gerlinger. Charles K. Spaulding Logging Co. J. L. Washburn (3 suits) . Jacob Rahm. Charles A. Smith (2 suits). Charles H. Chick. Willis H. Gilbert. Big Bend Milling Co. Curtis Lumber Co. Pokegama Sugar Pine Lumber Co. Edwin Fowler. Clifford Coggins; L. Y. Coggins, Mary E. Coggins, and Leon Coggins. " Albert C. Hopkins. T. D. Collins and Everell S. Collins. D. N. Snyder. Andrew B. Hammond and Charles J. Winton (Winton Timber Co., successor). Waldo A. Avery, E. Richardson Co., and heirs of Charles H. Green. Bray & Choate Land Co. Peter Nelson and Hartley McGuire. Gilbert Gilberfeon. Gardiner Mill. Co. Starr Mill & Plume Co. John A. Black. Charles R. Ray. Pacific Timber Co. Drew Timber Co. Southern Pacific Co. 52 OREGON AND CAUFOBNIA lAND GRANT. Judge Raker submitted to me a proposed substitute for the pend- ing bifl. He asked me to express my opinion wbether the proposed substitute was not better than the bill now under consideration. I have examined the proposed substitute and find that it consists simply of a ratification of the action heretofore taken by the Attorney General in instituting suits pursuant to the joint resolution of Apil{ 30, 1908. Judge Raker proposes that the suits against the pur- chasers shall not be compromised until the main siiit against the railroad company is disj)osed of. With all respect for Judge Raker's views, I can not concur in this suggestion. In my judgment, if there is any sound public reason why the purchaser suits should be com- promised, there is no public reason for delaying the compromise until after final disposition of the main suit against the railroad company. The United States should exercise judgment and discretion in the instituting of suits and in the compromising of suits, the same as a private litigant. If there is apy sound reason why the United States should compromise any pending suit, the time of effecting the com- fromise should not be postponed until some other suit is disposed of. can not see any reason ^y the compromise of the purchaser suits should be delayed until final disposition of the main suit ag9,inst the railroad company, any more than that the compromise of all suits by the United States shall be suspended until this main suit against the railroad company is disposed of. The compromising of the pur- chaser suits will m no way affect any right of the railroad company to impose upon the United States the obligation not to compromise any of its suits against one party until finsS judgment is rendered in in another suit against anotner party would be to place the United States in a position where it would be obliged to continue litigation that should be compromised. This would be an injustice not only to the United States but to those against whom thfs suits are pendij;ig which should be compromised. I can not concede the justice of any such contention. At the conclusion of my oral statement, the chairman suggested that I extend into the record any additional statement that I desire to make. In response to this suggestion I desire to submit the following statement which I extended into the record of the hearings before the Public Lands Committee of the Senate, in response to a similar suggestion : I will supplement the foregoing by directing attention, without dis- cussion, to the questions that I thiiik should be considered in deter- mining whether the Attorney General should be authorized to com- promise the purchaser suits, as proposed by the bill now under consideration. In my judgment. Congress, should consider the subject from the following viewpoint : First. The defenses urged on behalf of the purchasers and the grounds they urge for equitable consideration. Second. Even if the Government has technipal grounds for the relief asked for as against the purchasers, are there any reasons why the Government should not exact the fuU measure of the remedy of for- feiture as against the purchasers ? Third. Is there substantial danger that the prosecution of thei pur- chaser suits may jeopardize the interests of the Governjtnent in the main suit against the railroad company, involving 2,400,000 acres. OREGON AND CALIFORNIA lAND GRANT. 53 bearing in mind that the suit against the railroad company is of par- amount copsideration ? Fourth. The Government should not institute suits simply because there is a technical ground for the suit if the institution or prosecution of the suit will cause more public injury than public good. The Gov- ernment should be actuated by different and higher motives. The primary purpose of the Utigation involving the land grants now under consideration is to conserve the industrial and commercial interests of the State of Oregon, and particularly to relieve the State from the blighting effects of the land monopoly that has been created and is now being maintained by the railroad company with reference to the 2,400,000 acres that are involved in the main suit. In view of these general considerations and bearing in mind that a substantial part of the industrial life of Oregon has been buUt up on the faith of the title to the lands involved in the suits against the purchasers, will the pub- lic interests be best conserved by compromising the purchaser suits, or by prosecuting them to final judgment ? WQl the enforcement of the Government's right of forfeiture, with the resultant uncertainty of these titles until the cases are finally disposed of by the Supreme Court, with the probable suspension of the operation of some of the miUs of western Oregon, to the injury of a large number of persons who are in no way responsible for the present situation, be productive of more pubhc injury than public good? In my judgment the Attorney General should be authorized to compromise these suits as proposed. In view of the fact that the suits may not be compromised, I do not feel at liberty to discuss without reserve the ground upon which I base this recommendation. And in this connection I desire to say that in presenting the conten- tions that are urged on behalf of the purchasers I do not concede their legal sufficiency. I am making no admission to be used against the Government in the future prosecution of those cases, if they are not compromised. In sonie of my remarks I may have stated the contentions urged on behalf of the purchasers as though they were my own views. But I do not want to be misunderstood. I have been asked why the compromise should be made at the arbitrary price of $2.50 per acre; and it has been suggested that instead of naming an inflexible price that question should be left to the discretion of the Attorney General. This suggestion proceeds upon the theory that the circumstances of the purchaser suits may vary, demanding that the price at which the lands may be repur- chased, shall be higher in some cases than others in compromising the suits. 1 do not care to make any argument upon that question; but Avith reference to this suggestion I desire to say : This suggestion may be sound as an abstract or theoretical propo- sition. But the circumstances of these purchaser suits have been investigated and there is no difference between the cases that will justify any discrimination in compromising them. None of the cases should be compromised, in my judgment, unless the lands were pur- chased in good faith, without knowledge of the restrictions upon the sale of the granted lands. As to parties coming within that class no discrimination should be made, and as to parties who do not come within that class no compromise should be made. In other words, any difference of circumstance between these cases that should be considered at all do not go to the question of the amount at which 54 OHEGON AND CALIFORNIA LAND GRANT. the cases should be compromised, but to the question whether the cases should be compromised at all. Any circumstance that could be adyanced as a reason for exacting a larger amount from any of these purchasers would necessarily be a conclusive reason why the case should not be compromised at all. With reference to the price of $2.50 per apre, at which it is proposed to compronodse these purchaser suits, I desire to say: It has quite fre- quently happened that the Government may have sufficient grounds in equity to recover title to public lands that have been granted; but where the holders of the title are entitled to consideration on broad grounds of justice which would not be available as a defense— in other words, where the enforcement of the fuU measure of the Government's remedies would involve a harshness that would not comport with the relation that exists between the Government and its citizens — in such cases it has become quite common to compromise for the minimum or •double minimum price at which the lands are disposed of under the pubUc-land laws. Two dollars and fifty cents per acre is the statutory price for lands within the boundaries of railroad land grants. It was for this reason that the purchasers, proposed to compromise on that basis. If these purchaser suits are to be compromised at all, it wiU be upon grounds that do not relate to the actual value of the lands. This being true, it necessarily follows that the price at which the suits shall be compromised can not be computed by any mathematical process any more than the price for which lands are disposed of under the homestead laws, the coal-land law, the mineral-land law, or any other of the public-land laws. Any recommendation that I may hereafter make concerning the compromising of these cases, if the authority to compromise them is granted, will not be based upon a consideration of the value of the lands, but upon grounds of pubHc policy, as I have explained. In this view of the subject $2.50 per acre is not illogical. In any event, the subject is presented to us in the form of a specific propo- sition by the purchasers, and the real question is whether that propo- sition shall be accepted. In presenting my views upon this subject I have followed my own individual line of thought. I have discussed the subject generally with the Attorney General, and believe that in a general way he is in accord with my views. However, I have not discussed the subject in detail, and therefore my statement should be accepted as my individual recommendation. A copy of my statement will be fur- nished to the Attorney General, and n he desires to qualify any of the views that I have expressed he will so advise your committee. I do not wish to appear as urging my views upon this committee. I simply want you to have the benefit of my views as to the best method of conserving the public interests with reference to this liti- gation. The cordial attention that you have given me assures me that you welcome the views of one who has been familiar with the history of this litigation since its inception. I will conclude by saying that if you will consult the views of those familiar with the industrial and commercial interests of the State of Oregon, including the Representatives and Senators from that State, I think you will find them to be unanimously of the same opinion as myself. The Chairman. We will now adjourn until 10 o'clock to-morrow morning. oregon and oaufoknia land geant. 55 Committee on the Public Lands, House of Representatives, Wednesday, May 8, 1912. The committee met at 10.30 o'clock a. m., Hon. Joseph T. Eobin- son (chairman) presiding. There were present before the committee Hon. A. W. Lafferty, a Representative ia Congress from the second district of Oregon, and Mr. A. C. Dixon. The Chairman. Gentlemen of the committee, the hearing to-day is on H. R. 22002, by Mr. Lafferty. Mr. Dixon desires to be heard, and we will now hear him. STATEMENT OF ME. A. C. DIXON. Mr. Dixon. Mr. Chairman and gentlemen, I am representing primarily the Booth-Kelly Lumber Co., the largest purchaser from the O. & C. Railroad Co. of the grant lands under discussion. I am also authorized to speak in this connection 'for practically all of the 45 large purchasers who are parties in these suits. I feel that after what Mr. Townsend has said I can add very little of iaterest, and my chief purpose in taking your time now is to touch upon a few points which I think bear especially on the rights of these, purchasers, and also to be subject to any questions you may want to ask concerning some of the points brought up the other day, and upon which I may be able to enlighten you. Now as to our views relative to our situation and to the compromise, we feel that the Government can afford to be very considerate of us for a number of reasons. First, going back to the purpose of Congress in granting these lands, it was primarily that the road be built, and, secondarily, that the country be developed as a result of this grant of land. We take the position that we have aided in the development of that section of the country to the fullest extent, and that in no other way could the lands have been used for development except in the way we have used them. The reason for that is this: The land is heavily timbered, much of it on steep hillsides, and in most instances the soil is rocky and not susceptible of cultivation. Now, no actual settler could have taken 160 acres of these lands, nor 1,600 acres, nor any other number of acres, and made a living for himself and family. It would have been practically impossible, and is to-day, with the better means of trans- portation and other facilities that they have now. We have taken these lands and solidified them by buying the even-numbered sections and have built mills, made large investments, built towns, and fur- nished employment to hundreds and thousands of people. Now, just to spend a moment on that point* In our own instance the largest town that we have, the to^vn of Wendling, is devoted entirely to mill- ing. There are about 800 people there, with 300 men working in the mflls and timber. They have an electric-light system, water system, and all the conveniences that a little town of that kind might have. The wages we pay are good — excellent, I should say — from the point of view of people here. Twelve dollars a week is the minimum for millmen and $17.50 is the average for employees in the woods. The more provident among these men mostly have their own homes or own farms elsewhere that they cultivate during a part of the year, and in 5,6 OREGON AND CALIFOENIA LAND GRANT. every case they are better situated than the average or than almost any of the homesteaders in that section. I mention this town first, but there are dozens more there in a similar situation. In addition to these, there are a number of logging camps aiid thills where there are many men employed and where there are no towns, and these people naturally gravitate to the larger towns, such as Eugene, where 1 live. This is" a town of 10,000 people now, and 10 years ago there were only 3,500 people there. The pay roll of the mills nearby is about $2,000,000 a year, and the developinent of the milling industry is almost the sole reason for the grot\rth of the town. Mr. Townsend mentioned the other day the good faith with which these lands were purchased, and in this connection I wish to speak simply of our own case. We started out 16 years ago, without any capital of consequence, and upon the suggestion of Mr. Collis P. Huntington, of the Southern Pacific Co., we leased a small sawmill in the Willamette Valley with the idea of trying to find out if fir lumber, the only timber growing on these lands, could be shipped outside of the State at a profit. Up to that time there had been no market for,^ and no attempt to ship, fir-lumber out of tliB State of Oregon. Mr. Huntingtgn made us some special rates and we leased a mm for a year and started to develop the fir-lumber market. At the end of a year Mr. Huntington stated to us that the rates were fairly satisfactory to him, and he would continue them in force. We found that we had made a fair profit, and accordingly we bought the mill which we had under lease. When we bought the mill we had to buy something to run it on, and so we bought tmiber near at hand, half of it from the railroad and the other half from settlers or whoever hap- pened to have it. That was the beginning of our business. A year or two later the business still continued to show a profit and we pur- chased another mill and also another body of timber, and for a period of eight or ten years we bought these different bodies of timber at the going prices at which anyone could have purchased them if they had cared to. Now I do not think I need to dwell long on this point, because Mr. Townsend has said that in all of his investigations he has found no evidences of any fraud, and I know the circumstances in all of these cases, and it is hardly possible to think that there could have been anything of that kind. The lands were open for purchase and sale, and you or I or anybody else could have bought all of them if we had had the money to do so. Now in buying these lands we followed the business-hke custom that we still follow, and I think that all of you would in like circum- stances follow. We submitted each abstract to our attorneys, and in no single instance that I know of did they (question the Oregon and California railroads' deeds or raise any question whatever as to their title. As Mr. Townsend has told you, there was no question in the minds of anyone as to the validity of these titles, and, using his ex- pression, the titles were current in Oregon for years and years, and not only in Oregon but with the United States Government, because our company in several instances, and other companies, traded prop- erty with the Government, traded these lands back to them for other lands. We do not claim that we have a right to consider because the Government took the lands that the titles were good, but they made no question of it. I am simply telling you this to show you that they were just as ready to take tnem as anyone else. 0BE60N AND CALIFORNIA LAND GRANT. 5*? Now as to the suits themselves. There are 45 of these, coverinff approximately 400,000 acres of land. The other 400,000 acres which have been sold arie in the hands of four or five thousand people. We do not want these small holders sued. Certainly not. But we are unable to see the difference between the titles that we have and the titles that they have. In other words, we do not see why 400,000 ^cres in the hands of 45 individuals and corporations, probably two or three hundred people altogether, stands in any different relation to the Government as to ownership than the 400,000 acres in the hands bf four or five thousand people. Now, in the case of the Drew Timber Co., one of these parties: They bought 5,320 acres, and they have 11 bona fide stockholders, less than 500 acres to each stockholder. I fail to see the justice in attempting to take these lands away from these people when, if the 11 people had only known the circumstances, they could have gone out and bought 9'99 acres apiece and their titles would not have been <3[uestioned. Our company owns 74,000 acres, and there are approxi- mately 45 of us — ^some of the stockholders are estates — and there are more people interested in our company than there are thousands of acres iijvolved. Now, the question was asked the other day as to the remedy we have against the railroad company. Our attorneys, tod all the attorneys that have given the matter any attention, so far as I know, have said that we could not recover. Now, whether the railroad cotnpany knew this Umitation or not I am not prepared to say, but they did not give us warranty deeds, and even if we could get back from thena several years hence the amount that we paid for these lands we might about as well lose the whole thing. What we could fecover would amount to but very little, as compared to the actual loss sustained, and I will illustrate one particular case. The last purchase made by us was 19,000 acres bought at $17.50 per acre. We bought the land from people who had bought it from the railroad company for |10 an acre, oh time, with eight payments still to be made, and we assumed the contract and have made seven of the other eight annual payinents still to be -made. Now, when we got that 19,000 acres we planned another large milling enterprise. We bought this in 1905, and we immediately went to work and bought 19,000 to 20,000 acres intermingled with this 19,000 acres. The only way that laild can be opeirated successfully for lumbering purposes is to have it all in a solid body. YoU can't have a checkerboard tract, and you can't build a railroad and cut logs on other people's land. Now, it does hot need any explanation to show you where we would be if we only got our money back. In the first place we can not get more than $10 an acre, and in the second place we can not get- that until oiir title is proven perfect, and that will evidently be some time hence, and, as stated, our attorneys advise we could not recover then. Now, as to our operations. In our particular case one of our mills burned down during the pendency of this suit. Our largest mill burned iii July last year, tnrowing out of employment perhaps 275 or 300 men. We still have the mill site, and we are anxious to rebuild; we are almost tempted to rebuild anyway, but we do not feel that it is a safe business proposition to put that money into a mill when we do not Imow for sure that we are going to have anything to operate the mill on, if the Government is successful in this suit and takes the land. Two other concerns have lost their mills by fire and are in the 58 OEEGON AND CALIEOBNIA LAND GRANT. same situation. In addition to that, if we rebuild now and go on with developments we will have to borrow money, and we can't bond our lands or raise money on our property on account of this suit. Four years ago I happened to be m Washington on other business when tlus resolution came up, and seeing, as I thought, that it was dangerous to us, I sent for some of our people, and you are fairly familiar with the eflPorts that ^j^ere made to have our titles quieted at that time. At that time the Attorney General and Mr. Townsend, and as far as I know the majority of the Pubhc Lands Committee, were in favor of and were anxious to have our titles quieted. It seems to me now, and I am sure I thought then, that there should be no trouble at all to get title to these lands and get entirely out of the diffi- culty if it were not for the one legal point that was made, which was that to quiet our titles then would nave injured the Government's case against the railroad. The files of the committee and the files of the department will show the investigations that were instituted at that time. They went into the matter very fuUy, and there were several volumes of testimony pubhshed. It seems -to me that it goes without question that unless circumstances are different Congress should be of the same opinion yet, and now that the way is open grant us the relief that we are asking. As to the compromise itself, we think there is no question about our good faith in the purchase of these lands. We thmk that there is no question about the original purpose of the Government having been literally carried out in a much better way than it could have been under actual settlement. In this regard Secretary Fisher, ia talking to me the other day, said that if the lands were of the charT acter I said they were the Government made a tremendous mistake in 1866 in granting to the railroad company lands of a character not susceptible to settlement and then aslang the raiboad to sell them only to actual settlers. Now, they did do that, and you must know without seeing photographs of the timber that these lands are timber-r lands or we would not have them, because we are in the timber busi- ness only. Now, if the Government did make this mistake 40 years ago we ask you here that we be relieved from the ill effects of it. We do not want to pay the penalty for the mistakes of the Government. We have cut over about 15,000 acres of land. We have done the larger part of the work necessary to make that land valuable for cultivation, and nobody wants to buy these lands now as homesteads at any price. Eighty-five or ninety per cent of them are useful only for reforestation, and we have not started to reforest them because we do not know to whom they belong. We have spent the necessary money to clear them of timber, and if the intention was that actual settlers should make homes on these lands, how much less useful for this purpose would they be if the timber was still standing? Now, for the reasons I have stated, we do not feel that we ought to Jiave to pay anything to get these titles in good shape, but we have been sued for something over three years and have not yet had a chance to appear in court. We foresee that it will be at least five years longer before the suit can be determined. In the mean- time, on the very lands in question we are paying something more than $20,000 a year in taxes, and we are paymg several thousand dollars a year for fire protection. We hav'e a force of organized rangers for that purpose, and we are also paying interest on our bonded indebtedness on these lands. Now, notwithstanding the OEEGON AND CALIFOiBNIA LAND GRANT. 59 fact that we do not feel that we ought to p&j anything, and that Mr. Wickersham and Mr. Townsend, down in" the bottom of their hearts, feel that we ought not to, except as a legal proposition — notwithstanding these things, we have made a proposition to pay the sum mentioned in the bill as a matter of expediency, so tliat we may know now where we are at. We had better lose these lands now than to go along for a number of years and let them lie idle and finally get them, because the damage to us in the meantime would be irreparable financially and so far as the ages of some of us are concerned. We can not get our youth back, or our efforts. Three or four of the largest holders of lands have died since this legislation was passed four years ago. We are trying to bring about a settlement which will leave the rest of us alive when the title is finally determined. Our course if this bill is not passed will not be one of our own choosing, but will be literally forced upon us. In that case we will be compelled to intervene in the railroad suits and add our equities to whatever equities the railroad people may have, and make the hardest kind of a fight we can to get our lands and also to help the railroad company out of their difficulties. Now, Mr. Townsend gave you a partial history of this resolution. There was never any trouble in Oregon, never a word said or any complaint about the lands that were sold. The whole difficulty arose when Mr. Harriman withdrew the lands from the market. The people and the com- mercial clubs and various organizations in Oregon started the agita- tion and sent a memorial to the legislature asking that the lands be sold and opened to settlement. During all this time, the four years since this resolution was introduced in Congress, we have carefully refrained from allying ourselves with anybody, because from the statements of the Department of Justice, the 'President, and every one else we felt the time would come when our skirts could be cleared without injuring the railroad suit, and the Government would see the justice of our case and our titles would be quieted. We are urging that upon you to-day. I am not like Mr. Townsend. He would like to see section 6 passed, but he will not urge it, but I do earnestly urge upon you that this compromise be arranged. I do not make this as a threat, but as a statement of fact. If relief is not afforded we will have to tie up with other litigants in a way that may result in defeating the primary purpose of the Government as to the recovery of the railroad lands. If the suit is won against these purchasers it will tear down industries in which millions of dollars are invested. Our company at the time this resolution was intro- duced had over a million dollars invested, in improvements; 1275,000 in railroads and equipment, and something over $700,000 in saw- mills. There are a number of others that have the same or larger investments. If this suit is won, their property will be worthless; the property in the mill towns will be worthless, the homes that these men own will be worthless, and there will be several thousand employees out of ppsitions. That will be the condition if the Govern- ment takes this land and puts it into forest reserve or into the public domain. Now, I think, with what Mr. Townsend has said, I have about covered the situation, and I do not feel like imposing on you any longer. 60 OREGON ANT> OALIFOBNIA LAND GRANT. The Chairman. Mr. Dixon, you stated that those whom you rep- resent, the parties in the 45 suits, do not wish to see the small pur- chasers sued, but as a matter of law their equities are absolutely the same as yours, which seems to be true. You have also said that unless this legislation or some similar legislation is passed, those whom you represent will be compelled to intervene in the railroad suit and help to win that suit if possible for the railroads. What is the attitude of the purchasers whom you represent — what will be their attitude in the event that this legislation should be passed ? Mr. Dixon. Well, Mr. Chairman, we are not interested at all in the other side, and our attitude would- be one of neutrality. The Chairman. Actual neutrality or nominal neutrality? Mr. Dixon. So far as my company is concerned it would be actual. So far as I know I think it would be absolutely actual with all the defendants. I do not think any of the defendants are meddlers or anything of that sort. The Chairman. I did not mean that at all, but you can readily understand from the statement of Mr. Townsend and from your statement that this is a matter that widely affects the feeling and interest of the general public there, and you yourseH have volun- teered the statement that if the legislation is not passed you will help to win the suit for the railroads, and that you are in fact in sym- pathy with those who are in the suit. Now, I think the committee is entitled to know, without any feeling toward anyonle, since you have volunteered that statement, what your attitude will be if the legislation is passed. We are entitled to know that, since you have voluntereed tne suggestion that in the event the legislation is not passed you will join in with the railroads to help them win this suit. Mr. Dixon. If the legislation is passed, our first move will be to ask for a stipulation and then pay for the lands gotten under the rail- road deed. After that is done we will observe, so far as our company is concerned, absolute neutrality. Our desire has been to see these lands opened up. We are embarrassed by the railroad holding up 2,400,000 acres, and the whole State has been kept from its proper development thereby. And I may say to you further in this connec- tion, I was in a number of meetings where the resolutions were brought out and sent to the legislature, where we were considering this whole proposition, and the only desire of everyone present was that these lands be sold. None of these people had a clear idea as to the rights of forfeiture. Our idea simply was to force the railroad company to sell these lands. We are in that attitude to-day. We want them sold. The Chairman. You have stated that the lands you have are not fit for actual settlement. Is the general character of these lands the same? Mr. Dixon. Well, as I stated, the fact that we purchased the lands for lumbering purposes is pretty good evidence that that land is not fit for actual settlers. As to the railroad grant itself, I have been over it pretty well a number of times and out into the timber, and I think the actual percentage — anything that I might say would be a guess, but 20 per cent would be a pretty close guess — I think there might be 20 per cent of these lands that can be cultivated. This whole subject was crystallized on account of the refusal of the railroM com- pany to sell some agricultural lands in Josephine County to a vineyard- OREGON AND CAUFOBiTIA LAND GRANT. 61 ist. He had a vineyard down there, and I think it was 80 acres along- side of his vineyard, belonging to the railroad company, that he wanted to buy. They refused to set a price on it, and that is where the whole trouble started. The Chaieman. What is the general description of the lands which your chent holds ? Mr. Dixon. They are all timbered lands; aU covered with fir timber. They are rather hilly, usually along a little canyon with a creek running down the center. We have five timbered bodies, each one along a creek or river. We Mke to have them that way on account of the facilities for operation. The timber is cut and hauled down to the creek; then we build dams and float it out to the river or railroad it out. The Chairman. You heard Mr. Townsend's statement as to the value of the railroad lands, did you not I Mr. Dixon. Yes. The Chairman. What do you say as to the value of those lands ? Mr. Dixon. He said he was certain that they were worth $25 an acre, and that some of them were worth as high as $30 an acre. I have been buying thosie even-numbered sections for our company for some time back, and the highest price that I have ever paid is $22 an acre, and that was within the last three years. It is only within three years that I have purchased any for the company. I have purchased several thousand acres in that time. The Chairman. Are those lands rising in value ? Mr: Dixon. I think so, yes. There is no question about the increase in value. They have increased since we purchased them, although our own lands sltb not worth as much as we paid for them on account of the cloud on the title. The Chaikman. Wliat area of the lands purchased from the rail- road company or their grantees by your people have been cut off? Do you know, approximately ? Mr. Dixon. Well, in our case we heive cut about 15,000 acres, and half of that is from the lands in question. The Chaieman. Has there been any cutting recently done ? Mr. Dixon. We have been cutting them steadily at a uniform rate since 1898. The Chairman. What area of lands that have been cut off have been sold, approximately ? Mr. Dixon. Practically none. The Chairman. What area of them, if any, has been cultivated? Mr. Dixon. Practically none. They are not susceptible of culti- vation. Our idea has been to reforest them, and we have left the small timber standing for that purpose. The Chairman. When was the first knowledge received in that country, actual knowledge, that there was any question as to a defect in these titles ? Mr. Dixon. In 1906. The Chairman. And that was occasioned by a complaint made by some one who you say was a vineyardist who wanted to use the land for a vineyard and the railroad would not sell it to him ? Mr. Dixon. The first I heard of it was in Josephine County, near Grants Pass, just outside of the city! There had been a great deal of rritation over the State, hut it had never gotten any further than 62 OREGON AND CALIFOENIA LAND GRANT. the murmuring of a general spirit of discontent. There was a good deal of cursing and damning the railroad company for not disposing of the lands, and about that time there was called a shippers' meeting to discuss freight rates and matters of that kind down at Medford, in Jackson Counter, just south of Josephine County. At that meeting a resolution was introduced to be presented to the legislature. These people came to discuss freight rates, but some of them brought this resolution in and introduced it, and it was passed. This was done in three or four towns over the State, and finally they got a Mr. Mullit, a banker from Ashland, to introduce the memorial in the legislature, The Chairman. Well, now, why would you and your clients want to intervene in this railroad suit? Mr. Dixon. For this reason: Our idea in wanting to compromise is to get out of litigation, and if we can not do this the only way we can hurry matters, advance them, is to get in the railroad suit. The object 01 the Government's attorney is to keep us behind the rail- road company and not let us come to trial before the railroad com- pany does, because they fear our equities will allow us to win out and thus aid the railroad company. Our only purpose would be to crowd ourselves up and be in the first trial as a matter of expediency and to hasten the final decision. The Chairman. You feel that you have superior equities to any that the railroads may assert? ^\ouldn't you be rather strengthen- ing the railroad case than strengthening your own case by inter- vening ? Mr. Dixon. I do not feel that we would be strengthening our case at all and I do not think that our attorneys feel that the court would do an injustice to us simply because we were alhed with the railroad company. We would get our rights and the railroad company would get theirs, but Mr. Townsend seems to be afraid that intervention on our part might prejudice his case. The Chairman. In other words, the influence, the actual influ- ence, which the clients whom you represent might reflect for the benefit of the railroad company? That was clearly the intimation that Mr. Townsend made, and I think the committee may very well consider that without reflecting on anybody. Mr. Dixon. We don't think it would be anything of the sort. The main idea in allying ourselves with the railroad company is to get into court at the same time they do. If we do not get this com- promise, the first thing I will do when I get home wiU be to discharge our employees and close down our mills, because there is a great question in the minds of our attorneys as to whether or not we will be asked by the Government to pay double or treble dam^es for trespass on their property. The Chairman. You mean that they might demand an accounting for the lumber taken ? Mr. Dixon. It just depends on the situation here in Washington, the Attorney General, the temper of Congress, or something of that kind. Our attorneys have advised us that they thought it was not a good business proposition and they recommended against continuing our operations. The Chairman. As a matter of law you would probably, be held accountable for the timber cut if you lost the land. Mr. Dixon. We do not want to take any risk anyway. OEEGON AND CAUFOBNIA LAND GRANT. 63 Mr. Raker. In speaking of intervention, is it not a fact that some of the owners claiming from 500 to 1,500 acres, who received their lands from the railroad company as part of this grant, as well as the company which you represent and the 45 others, sought to intervene in this railroad suit, and the court held that they could not intervene ? Mr. Dixon. No, I think not; Mr. Laflferty went over that quite clearly in his presentation. The intervention that occurred, as I understand it, was the intervention of people who had settled on these railroad lands, made actual settlements on 160 acres, with the supposition that if this suit was determined in favor of the Govern- ment they would be first on the ground and would get 160 acres at $2.50 an acre, and they intervened to estabUsh their rights. If I understand correctly their intervention was of no avaU. Mr. Raker. No one up to date has sought to intervene who owns land obtained from the railroad company. Mr. Dixon. Not so far as I know; and I think I am correct in that. The taking of evidence in the railroad suit is to close the 1st of July, and I presume the trial will come soon after that. If we are going to intervene we will have to do it very soon. Mr. Raker. Of course the amount involved in this suit and its character is one that could be — you have stated that you are not an attorney ? Mr. Dixon. No, sir. Mr. Raker. You do not know anything about the proceedings 1 Mr. Dixon. Only in a general way. Mr. Raker. Very well, I will change that question. Do you in- tend to convey to the committee the idea that if your people would intervene in this suit, that with their influence they would be in a position to influence the decision of the court now trying the case ? Mr. Dixon. I would not want to insult the court, Judge Raker, by inferring anything of that kind. Mr. Raker. I know; I am only taking the statement made. Mr. Dixon. The statement was that our superior equities, accord- ing to Mr. Townsend's statement, might work against the main suit. We have no influence with the court, so far as I know. I do not know the court in Oregon, and I do not think there is any member of the company that would think of such a thing. The Chairman. Mr. Townsend did clearty state that one of the reasons which influenced the Government and the Department of Justice in eliminating the purchasers of areas under 1,000 acres was to prevent having to encounter the influence which would manifestly and naturally be exerted by so great a clientage. Mr. Taylor of Colorado. By reason of their equities. The Chairman. Yes. I do not think that Mr. Dixon mentioned anything of the character that Mr. Raker suggested. Mr'. Dixon. I certainly did not intend anything of that sort. The Chairman. I drew the inference from the suggestions made by Mr. Townsend that the same thing might result by reason of the superior claims of the parties in these 45 suits. Mr. Raker. Now, Mr. Dixon, if you feel that your equities and the equities of the 44 other parties that have been sued are of such a character that by presenting them to the court in conjunction with the railroad company's case — do you state to the committee that 64 OBEGOBT AND CALIFORNIA I/AND GRANT. you belieye that by co;nibining your equities you would have a^uffi- cient standing in court io ha,ve the court decide in fayor of the com- pany, and, of course, eventually your people and the other 45 by virtue of that superior equity combined ? Mr. Dixon. I think I have stated to the comniittiee that that was Mr. Townsend's idea that it might be the final result. Mr. Ra^r. Is that your opinion ? Mr. Dixon. I have no opinion on that point. Mr. Eakee. Have you discnssed it with your associates and coun- sels and others interested in tha,t matter ? Mr. Dixon. No; the first suggestion thftt came to us was from the Department of Justice. Mr. Rakek. What is that I Mr. Dixon. I say. Judge Raker, that the first suggestion of this particular point came to us from the Attorney General, as going to show one of the reasons why he was in favor of a copapromise, The Chairman. Do you know how many corporations own the land that you appear for ? Mr. Dixon. IJow many of the 45 are corporations ? The Chairman. Yes. Mr. PixoN. Almost all of them. The Chairman. Po you know whether any of the stoclshold^^ in these corporations are also stockholders in the railroad company ? Mr. Dixon. That is not my understanding, unless some of them may own a little Southern Pacifi.c or Union Pacific stock, just as any in- dividual might. I do not think there is ajiy connection in any way. The Chairman. Is there any considerable number of the stock- holders in the purchasing corporations who are also stockholders in the railroad company that solct to the corporations ? Mr. Dixon. No. Mr. Tatxor of Colorado. You don't think th,ere is any reason why your company should meddle in the Gjoyernment'^ litigatioji. when you get out of it yourself and have your own title quieted ? Mr. Dixon. On the contrary there is every reason why we shoyld not interfere at all. It would not be any of our business in any way. We certainly could not help either side if we were o^t of the case.. We do not claim to have any influence with the courts in Oregon or any other place, and there is every reason why we should desire tha,t the railroads should sell their lands. Mr. Tatlok of Colorado. Your object in intervening is so that you can get a decision one way or the other during this lifetime, and close it up as soon as possible ? Mr. Dixon. Yes. Mr. Taylor of Colorado. You desire to expedite the ma,tter rather than to wa,it the ultimate determination of the Government litigal^on and then htigate it afterwards yourself ? Mr. Dixon. Yes. The Department of Justice has stated to us that they will use every means in their power to keep us behind the railroad company. That is the main suit and that is their intention. The proposal has been ma,de by Mr. Fisher, Secretary of the Interior, and I think he wiU suggest it to this committee, eitb,er in writing or in person, and that is, that thi3 bill as pi^oposed is ^J1 right, but th^t the amount stated in the bill shonld be left discretionary vidtJa, his. 4W partment, or the Department of Justice, or some one else, jfow, aftis? OEEGON AND OAMFOilNIA LAND GRANT. 65 I stated the conditions to him, his statement to me was that it was probable, or possible at least, that some of these parties would not have to pay anything, by reason of having developed the property, and others, perhaps, should pay more. Then he asked my judg- ment of what the value of the land was. The Chairman. I think the committee would like to hear from Mr. Fisher on that subject first. Mr. Dixon. I want to answer him now, because I will not have an opportunity afterwards. We disagree with him on that proposition. We take the position that these values should not be left discretionary with anyone, and that there should be no consideration of the present value of the land, for the reason that whatever development and what- ever values these lands have now we have made and created and we do not want to have to pay for it the second time. These lands have their values because we have built railroads over them, because we have bought the even-numbered sections and gotten them together in one body and have developed them, and we do not think it is a fair thing to have to pay for the values which we have helped to create. We do not want to leave it to the discretion of the Department of the Interior, or whoever else may be designated, and, as I stated to Mr. Fisher, we would prefer to deal with the delay of the law, that we know something about, to dealing with his department or any other department that would not say now what it was ready to do. We think it is a matter of present knowledge and within the province of Congress. We think our equities are strong enough to say that we should be relieved now. Mr. Raker. There is one more question I would like to ask Mr. Dixon. Your idea in intervening would be to expedite the suits ? Mr. Dixon. Our suits; yes. Mr. Raker, ^'ou have consulted with your counsel and they have advised you that an intervention in the main railroad suit would tend to expedite the trial of that suit and bring it to an earlier hearing? Mr. Dixon. Which suit ? Mr. Raker. The main suit commenced by the Government against the railroad company. Mr. Dixon. No; they say that it will expedite our suit, not the railroad suit. I assume that that will be fixed by the court and tried when the court is ready. The Department of Justice has stated that they would, if possible, keep us behind the railroad company, and our idea in intervening is that we will get on all fours with the railroad company in point of time. We will be in court when they are, in place of being an indefinite time behind them. That is the only purpose of intervention. The Chairman. I believe Mr. Lafferty wants to be heard on this matter. Mr. MoNDELL. I would like to make this suggestion: It occurs to me that it might be helpful to the committee if Mr. Dixon would file on behalf of his company a statement of their principal improvements. That is a matter that we might want to go into, particularly the number of miles of railroad constructed, the number of miles of wagon road constructed, and. the approximate cost of them. Mr. Dixon. I have sent to me every month our monthly trial bal- ances, and I could furnish them very readily. 47197—12 5 66 OEEGON AND CALIFORNIA LAND GBANT. Ml. Taylor of Colorado. No, we want the number of miles of rail- road that you have built to penetrate your woodlands, and the num- ber of miles of wagon road, and the cost of those roads. Mr. Dixon. I can give you that to-day or any time — the number of miles of railroads and wagon roads and the number of mill sites. The Chairman. Will you attach that to your remarks ? Mr. Dixon. Yes. Mr. Taylor of Colorado. It is your opinion, in regard to this last question that has Just been raised, that the present values of the lands depend upon the improvements that have been made, and it is your opinion that the people you represent are entitled to that value rather than the Government of the United States ? Mr. Dixon. Yes, sir. The following is a' statement of the railroads, wagon roads, etc. constructed by the Booth-Kelly Lumber Co. upon its lands in Oregon: The Booth-Kelly Lumber Co. has constructed and has in operation between 7 and 8 miles of logging railroad and has partly constructed 4 J miles more. The cost of the railroad in operation and that which is almost completed has been $341,000, this cost including equipment. The committee will be able to judge from this state- ment that the country through which this road is built is anything but level agri- cultural country. The fact is, the road was very difficult to build on account of rock and the steep hillsides which were encountered. The grant Jands for which we have been sued, approximating 74,000 acres, cost us f572,0(W. Our four sawmill plants cost $693,000. Logging property, such as donkey engines and rigging of all kinds, cost us $117,000. Dams and improvements in the rivers, not included in any of the above, cost $32,000. We have paid, all told, since beginning operation, in taxes, $223,000. We have paid out for fire patrol on our own lands $9,000. I might say in this connection we have organized and have charge of a patrol covering the timber lands belonging to about 70 different corporations and individuals — mostly individuals — all of whom contribute pro rata to the expense, and the total of the money we have paid out for fire patrol is several tiines the amount paid on our own land. As to wagon roads, we have approximately 10 miles. The small amount of mileage is accounted for by the fact that wagon roads are only built into the edge of the tim- ber, the roads from the edge of the timber in being what are called "chutes" or pole roads, upon which logs are hauled. Of these, we have built for a number of years past an average of 4 or 5 miles per year, at a cost of twenty to thirty thousand dollars per year; but these roads are worthless as soon as the logs are out, and are not to be considered as permanent improvements. In addition to the actual expenditures made as above, our estimate of the cost of finishing the line already graded and under construction is $46,000. This is for the balance of the steel, the building of bridges and culverts, and the laying of sidetracks on grade already constructed. In addition to all this we have made permanent surveys and are ready to begin work on an additional piece of road approximately 12 miles in lengtii, which will cost, according to our engineers' estimates, $203,000. All of this work will have to be done to provide for the next five years' logging and is a very small proportion indeed of (he total which will be required to work out all of our holdings. Figures given above are only for the improvements and operations of the Booth- Kelly Lumber Co. ; a number of the other defendants in these cases have railroads and improvements approximating if not equaling those of my company. Our mills alone have furnished the entire pay roll and support for the towns of Saginaw, population about 300; Wendling, population about 800; Coburg, population about 700; and has been the principal pay roll in Springfield, population about 1,800. The mills of the other defendants are likewise situated in regard to the towns of Leona, Cottage Grove, Mill City, Falls City, Dallas, Salem, and a number of other smaller towns, A number of improvements contemplated by my own company and other com- panies interested have been held up on account of this litigation, and if the suits are compromised the development will go ahead again to a remarkable extent. Respectfully submitted. A. C. Dixon. OEEGON -AND CAUPOBNIA LAND QEANT. 67 STATEMENT OF HON. A. W. lAFFEETY, A REPRESENTATIVE IN CONGRESS FROM THE SECOND DISTRICT OF OREGON. Mr. Laffeety. Mr. Chairman and gentlemen of the committee, I suppose I know about as much about this railroad land grant as any man in the United States. The Chairman. You are the man we want to hear. Mr. Lafferty. I went to Oregon in the spring of 1905 from Missouri, where I had practiced law and had been prosecuting attor- ney. I went to Oregon as a special agent of the General Land Office. During the year 1905 I went all over the State. I went to Eugene and had business dealings with the Booth-Kelly Lumber Co., of which Mr. Dixon, who lias just addressed you, is now manager. At that time George Kelly was manager of the company. I went up to this town of Wendling, which Mr. Dixon has stated is tlieir principal logging town. I know all about the character of the land; what they have logged off and what they have not. During the year 1 905 I heard some talk about this railroad land grant, and during 1906 I heard more talk. I got down the old musty volumes of the Statutes at Large, the fourteenth, fifteenth, and sixteenth volumes, there in the United States land office at Portland in the fall of 1906, and read the law upon which these lands were granted to the railroad company. That is .the first time that I knew what the exact law on the subject was. There was some little talk about the railroad having withdrawn the lands from sale at that time, and in the spring of 1907 the Oregon Legislature passed a memorial asking Congress to do something to break up this land monopoly. It was sent down here in March, 1907. Mr. Hawley took it over to the President, and the President referred it to Attorney General Bonaparte. General Bonaparte designated young Harlan, who was down here in Washington from Alaska on sick leave, to investigate the case. Mr. Harlan was sick and did not do anything for 60 days. I came down here in June, 1907. I had resigned ifrom the Government service and was in private practice, and I came here on private business, and went over to the Shoreham Hotel to see Senator Bourne. On the 12th of June, 1907, I talked with Senator Bourne about this case, and he said he would like to have me go over to the Attorney General's office and present the matter. Senator Bourne and I went over there and I cited to Gen. Bonaparte the law in the case, which provided that these lands should be sold to settlers. He said he thought the Government had a cause of action, and said he would be glad if I would leave a written state- ment of what I had said to him. I came over then to the Senate document room and worked there for four days. I got down the old Congressional Globes and looked for any debates that might have occurred in Congress at that time, and I found that the matter had been fully discussed in the House and Senate in April, 1870. It was suggested in those debates that these lands might grow in value and that this very condition that has occurred might occur, but some of the Members said that a land monopoly could never grow up under this grant because, under the terms of it, every acre of the land had to 'be sold to actual settlers. Mr. Sargent, of California, said that it did not make any difference if the building of the road made the lands worth $100 an acre, they must be sold to actual settlers just the same. 68 OREGON AND 0AL.IFOENIA LAND GRANT. Senator Williams, of Oregon, said that these lands would continue after the passage of this land grant, open to every citizen of the United States, just the same as other public lands were open under the public- land laws; that the passage of this land-grant act would not mterfere with the settlement of these lands in any way or in any particular. The only difference was that they must be sold at $2.50 an acre by the railroad company, whereas the even-numbered sections were to be sold by the Government at that price. Now, that was the situation and the understanding of Congress when the grant was passed. When Senator Bourne and I went over that day to see Gen. Bona- parte, he said to us, "I have just designated a new man to go to Oregon on the land-grant case, a man by the name of Townsend." "Well," said Senator Bourne, "who is Townsend ?" Gen. Bonaparte replied that he understood Townsend was the best lawyer in his dis- trict, and that Senator Hansbrough had recommended him. When I arrived home in Portland in July, Mr. Townsend had just landed there, and he had with him a copy of my report to the Attorney Gen- eral. He stopped at the Portland Hotel, where I had lived ever since I had practiced law in Portland, and we saw a great deal of each other. I wanted Mr. Townsend to go right across the street from the Port- land Hotel in 1907 to the United States court and file a suit. enjoining and restraining the railroad company from ever selling another acre of that land contrary to law. I said, "If you will do that, Mr: Town- send, every acre of that land which this railroad holds will be settled upon inside of the next 12 months. It will be known that the Gov- ernment means business, and all of that land that is worth taking will be taken up." But Mr. Townsend said, "No, we must proceed very cautiously in this matter." So he went down to Salem and spent two or three weeks in the State library there, and came back with the idea that the railroad ought to forfeit the remaining lands back to the United States, and then they should be either opened to entry or withdrawn and put into a forest reserve. He was a nonresident of Oregon and did not care anything about the lands being sold to settlers, and it has never been his idea that these lands would be sold to settlers, but that they should be forfeited and put into the pubUc domain. If that could be done, I would not have any serious objections to it, but in pursuing that theory — if it were practicable it would not be so bad, but it is simply going off on a false theory of the law. Here were these lands granted by Congress to the railroad company with affirmative provisions attached to that grant. Those affirmative provisions were that they must sell the lands. Mr. Townsend said, you will remember, that there are certain restrictions in this grant and that the company has not obeyed those restrictions. It is necessary for Mr. Townsend to call them "restric- tions" in order to carry out his theory that this is a negative require- ment of Congress and not an affirmative requirement; that it is a condition subsequent, for which a forfeiture may be invoked. A condition subsequent is very different from a trust. Now here is the crux of the whole case. Here is the false theory that is being pursued, and which if it is pursued for 10 or 15 years and the railroad is permitted to pay taxes in the meantime they will win out in the Supreme Court, and they are being permitted to pay taxes now. This is not a condition subsequent. If the Government grants lands to B on a condition subsequent, so long as the grantee refrains from OBEGON AND CAUFOBNIA LAND GBANT. 69 violating the condition subsequent he holds and enjoys the estate foreyer. He incurs the obligation to pay taxes as a fee-simple owner, because there is no presumption of a reversion. He obtains the right to cut timber from the land if he wants to, because there is no presumption of a reverter, no presumption therefore that it will ever become a trespass. He may lease the land for 99 years, because there is no presumption of a reverter. Every element of a condition subsequent is lacking in this grant. This act naakes the railroad company the sales agent of the Govern- ment to dispose of these lands to actual settlers in tracts of 160 acres and for not more than $2.50 an acre. Now, suppose Mr. Townsend's theory is correct, that this is merely a restraint upon the power of alienation, what would it lead to? When Mr. Townsend was back before the court in Portland, I said to him, "Mr. Townsend, suppose your theory that you are now giving to the court is true and is the law; suppose this is only a restraiat upon the power of alienation, where would you be at this time if the railroad company had never sold an acre of this land up to this minute " ? That is the test. And he said, "Well, they have sold the lands; they have performed the acts that we can base a claim of forfeiture upon." "But," I said, "suppose they had not, a mere restraint upon the power of alienation would not in fact compel them to sell an acre of land, and they could hold it all forever, and will you contend that such was the intention of Congrfiss in making this grant ?" In answer to Mr. Townsend I said to the court, "If this be a grant of an estate upon a condition subsequent, the mere performance of the condition subsequent of itself if it does require them to sell the land, would result in the railroad company parting with all title and pos- session to the estate granted; so that as soon as the grantee got through performing or observing the condition subsequent, upon which it was to hold and enjoy the estate forever, it would not have any estate left to hold." Therefore it must appear plain even to a layman that this is a trust that ought to be enforced, and not a mere condition subsequent. However, the litigation out there is in fairly good shape if it is properly handled from now on. Mr. Townsend put in about a year and a half or two years writing up a complaint, which was filed there in court. It is a very good complaint. It sets out all the facts that the Government could possibly put into a complaint. It asks for a decree of forfeiture. It is a bill in equity, and I do not think he could go into a court of equity and get a forfeiture in any event. But he puts an alternative prayer in this bill of complaint, which is the saving grace of the complaint for the Government or for any sub- sequent attorney who may take it up. The bill of complaint will not have to be rewritten or refiled. The first prayer is that a decree of forfeiture be entered. The second is that if the court shall decline to grant the relief prayed for in the first paragraph of the prayer, then it is asked that the court appoint receivers to go ahead and take charge of this land grant as trustees in place of the railroad company, and dispose of the lands to actual settlers. Now, under that form of a biU of complaint all of the rights of the Government are preserved, but at the last trial Mr. Townsend abandoned altogether the trust theory and said there was nothing to it except forfeiture. 70 OREGON AND CALIFORNIA LAND GRANT. The passage of my pending bill will aid in the prosecution of the suit, in that it will eliminate all controversies except the big suit be- tween the Government and the railroad company for the 2,400,000 acres of unsold lands. It will provide that no suits not filed within a year from the date of the passage of this act shall be brought. That will protect these small purchasers. It provides that the Attorney General may compromise with the 45 purchasers who have been sued. This bill, H. R. 23719, which I introduced last after confer- ring with Secretary Fisher, meets with his approval, so far as I know. He said that he did not think Congress should require the Attorney General to compromise with these purchasers for $2.50 an acre or for any arbitrary figure, so I introduced this bill, which authorizes the Attorney General to use his discretion and to compromise with the purchasers on such terms as would be just and equitable. That is the language in my second bill, which is the one I ask to have reported in place of the first bill. Mr. Taylor. Don't you think that is rather unsafe, or unfair to the owners of these lands at the present time ? Mr. Lafferty. Upon such terms as may appear just and equita- ble to the attorney prosecuting the case for the Government? I don't object to the definite $2.50 provision. I took the position before General Bonaparte that only one suit should be brought, that to enforce the law from now on, which would cover the 2,400,000 acres of unsold lands. The Chairman. The Attorney General has clearly indicated that he considers it just and equitable to settle for $2.50 an acre. What would be accomphshed by changing that provision except to invite controversy in the event the bill should be passed ? Mr. Lafferty. I certainly have no objection to the $2.50 pro- vision. The Chairman. What do you think would be accomplished by changing the provision in the bill ? I want to get your idea. Mr. Lafferty. I think the only thing accomplished would be to obviate the objection of Secretary Fisher. Mr. Townsend states that if this bill giving them the discretion in compromising is passed, he will be frank to say that if the compromise is effected in his admin- istration it will be at $2.50 an acre, that he thinks that is just and equitable. The Chairman. Now, you discussed the proceedings in the court there. When was that ? Mr. Lafferty. The Government suit was filed September 4, 1908. Mr. Townsend arrived there in July, 1907. The railroad company filed their demurrer, and the demurrer was argued in April, 1909. Four months were given for filing briefs — 60 days for the first brief, 30 days for the answer, and 30 days for the reply. Mr. Townsend did not file his brief for 17 months. It was a 960-page brief, filed 17 months after the argument in April, 1909, which brought it up to December, 1911. The Chairman. Is it the purpose of that statement, Mr. Lafferty, to show that there has been unreasonable delay ? Mr. Lafferty. That is the very object. The court overruled the demurrer in April, 1911, and the railroad company filed its answer to the merits in the fall of 1911. When I got home during vacation in the fall of 1911 I went all over Multnomah County and raised a lot OBEGON AND OAUPOBNIA LAND GRANT. 71 of fuss about the waj^ this land-grant suit was being delayed, and the answer was filed while I was out there. Judge Wolverton while I was home fixed a day certain on which the testimony should be con- cluded, which was to be April 21, 1912. All testimony must be in by that time, but the time has been extended twice since then. Mr. Townsend said the other day, "I know we won't be able to finish the taking of testimony until after the summer vacation of the court," and God only knows when the testimony on the merits of the case will be finished. Then if it takes 17 months to file his brief the case will not be decided in Portland for the next five years. It will get to the court of appeals in San Francisco five years after that, and it will get to the Supreme Court of the United States five years later, so that m 15 or 20 years the Supreme Court may pass on this case. When it was first started some grizzly old citizens out there said, "That case will be in court 20 years. We know how railroad cases are handled." I said, "You fellows don't know what you are talking about. You are prejudiced against the courts. This case will be in the Supreme Court of the United States within three years." I thought I knew what I was talking about, but subsequent events have demonstrated to my mind that those fellows knew more than I did. I made that same statement to the circuit judge in Portland last fall, that I had found that I was wrong and that the laymen, some of whom want recall of judges, were right. I started in to quote to the judge what President Taft had said down in Kansas a day or two before, that "The delays of the courts of this country ought to bring a blush of shame to the face of every American citizen," but the court said, "You need not quote that, Mr. Lafferty." Mr. Pickett. Is it not a fact that the lawyers are responsible for those delays ? Mr. Laffeety. Yes, sir; but if I were a judge upon the bench I would say to these gentlemen, "Here is this order, and if you are not ready with your answer when this thing is called, you will be in default and the court will proceed to render judgment." Mr. Pickett. Relative to this section in the proposed bill as to compromise: If it should be the policy of the House to authorize a compromise with these larger claims out there — the larger holders — on the basis of S2.50 an acre, upon what theory should we differen- tiate as between them and the holders of smaller tracts ? Why should we abandon the right to commence action against the others ? Mr. Laffeety. The Assistant Attorney General said to me the other day that he could not undertake so many suits and investigate all those records; that it would result in interminable investigation. Mr. Pickett. It seems to me that if one suit would fail the others would also. They are all substantially the same. Mr. Laffeety. Yes ; but running out titles and filing different com- plaints in court against 5,000 transferees, with several more thousand defendants, and the railroad would have to be made a defendant in each case, would be almost interminable. And I think he is right about that — that it will be impracticable to sue all of these pur- chasers. Mr. Tayloe of Colorado. He said it would unsettle the titles of these innocent people, especially people who had only a lot or two in a town, and he did not look upon it as practicable or for the best interests of the public. 72 OREGON AND CALIFORNIA. LAND GEANT. Mr. Lafferty. Yes, sir; it is merely a matter of expediency and procedure. I think that a small purchaser who has acquired a small tract to make a home ought not to be molested. I want to call attention to the resolution I have introduced in Congress providing that the Public Lands Committee or any sub- committee appointed by the chairman shall have authority to carry on the investigation and keep tab on this land-grant suit, and I think such subcommittee ought to be reappointed with the Sixty-third Congress, and should be given authority to subpoena witnesses and to liave the ordinary powers of the committee without any additional appropriation The Chairman. That involves a separate matter, don't it 1 Mr. Lafferty. No; it involves keeping track of this matter we are now on. Mr. Volstead. I would suggest that the Representatives and Senators from the State of Oregon be appointed. The Chairman. Before you proceed with the discussion of some other resolution that is not involved in this bill I want to ask you a (question or two. You have stated that in your judgment the DeJ)art- ment of Justice made a vital mistake in its complaint in not proceed- ing against the railroad company as a trustee for the United States, charged with the affirmative duty of selling these lands to actual settlere at $2.50 per acre. You also stated, u I understood you cor- rectly, that the proper remedy would be a suit of injunction to pre- vent the railroaa company forever from selling these lands except in that way. Did your idea involve also an effort to compel the rail- road company to proceed with the sales of these lands ? Mr. Lafferty. Certainly. When a trustee proves unworthy of his trust, repudiates it, a court of equity has the inherent power to make an order removing that trustee and appointing another trustee to take charge of the property and dispose of it. The Chairman. You have been studying this question for a great many years very evidently. Have you authorities at hand to substan- tiate the position that you take ? Mr. Lafferty. That this was a grant in trust ? The Chairman. Yes. Mr. Lafferty. Yes, sir; I have those authorities in my office. The Chairman. Will you be kind enough to put all of them that you have collected during your investigations in this record when it is sub- mitted to you for revision ? Mr. Lafferty. Yes, sir. The Chairman. Just head it, "List of authorities cited by Mr. Laf- ferty." Put in the authorities upon the legal phase of the question that have led you to reach this conclusion. If the procedure which you suggest had been followed, no suits would have been instituted against the purchasers of land, but the proceedings would have been wholly against the railroad company, and not for any action that it has taken heretofore, but to regulate its action in the future ? Mr. Lafferty. Yes, sir. The Chairman. Your idea is, I suppose, that the action should have been solely against the railroad company to compel it to do what the grant required it to do, sell the land ? OREGON AND GAUFOKNIA LAND GRANT. 73 Mr. Laffertt. Yes; my investigation there in Oregon satisfied me that the people had simply forgotten the terms upon which this land was granted, and these titles did pass current there for 10 or 15 years. The Chairman. And therefore you would have abandoned any action against the grantee as to the lands already sold ? Mr. Lafferty. Yes. Mr. Raker. If the kind of a suit was brought that you suggest and injunction asked, that would have eliminated all of these sales ? Mr. Lapferty. Yes. There are 65 settlers on the land now that have had the nerve to go out on the land and settle there. Some of them have gotten tired and given it up. The railroad company has been trying to get these people to sign leases. I had a letter this morning written by the land commissioner of the railroad company, B. A. McAllister, to George A. Hall, of Monroe, Oreg., telUng him that he must get off the land and that if he put any buildings up they would be confiscated. They are also sending agents around to get these settlers to sign leases for a nominal amount, $1 or $10 a year, but as soon as a settler signs a lease of the Oregon-California Railroad Co. he of course acknowledges the railroad company as landlord. They are trying to get rid of every settler on the land if they can. Mr. Townsend came here when the resolution was passed in 1908 and issued notices through the press that any settler who went on there afterwards would be considered a trespasser. I sym- pathize with Mr. Townsend's theory in regard to certain land locators; and.,my bill provides that after the passage of this act these lands shall not thereafter be subject to the initiation of any right of entry until the final determination of this main suit against the railroad company. Mr. Taylor of Colorado. Wouldn't an act of forfeiture, a forfeit- ure act by Congress, eliminate all these questions and bring the thing right square up to a final determination? Mr. Lafferty. If Congress would pass an act applying to all these lands not sold, I think it would. Mr. Pickett. I have not examined the authorities at aU, but I understood you to say that the authorities support the proposition that this was a grant in trust. Mr. Lafferty. Yes, my line of authorities; Mr. Townsend has a line of authorities in his 960-page brief in which he tries to show that this was a condition subsequent. He has convinced the judge that it was a condition subsequent. Mr. Pickett. Is it your opinion that this was a grant in trust,, and have you authorities to sustain that contention ? Mr. Lafferty. Yes, sir. Mr. Pickett. That being true, then, you take the further position that Congress has the power to revoke the trust ? Mr. Lafferty. Absolutely, in so far as it has not been carried out. Mr. Pickett. If that is true, why haven't you people filed a bUl here for the revocation of the trust and brought that matter to Con- gress 1 Mr. Lafferty. This bill provides for that in section 1 . The Chairman. Which bill? Mr. Lafferty. H. R. 23719. It provides in section 1 that the acts of the Attorney General are "hereby ratified and confirmed, and 74 OREGON AND OAL-IFOBNIA LAND GBANT. are hereby declared to be of the same force and eflFect as declarations of forfeiture by the Congress of the United States." Mr. Eakee. What bill is that ? Mr. Laffekty. H. R. 23719. Mr. Raker. Won't you find out that that is simply a declaration which is not going to be held by the courts to be a forfeiture of the grant ? Mr. Lafferty. Here is what T fear will happen if this bill is not passed^the case will not reach the Supreme Court for 15 years. Then the court will ask: "Ts there any question of actual settlers involTed in this litigation?" The Government attorneys will say "no." Then the court will ask, "Well, what taxes have been paid by the railroad company?" They had paid about 25 cents an acre up to the time the litigation was started and they are now falling over themselves to get to the tax office to pay taxes, pending the out- come of this snail-like litigation. Then the court will say "What taxes have been paid?" "Seven dollars and fifty cents an acre, your honors," the railroad attorney will answer. "Well, it seems to the court that inasmuch as these lands were granted upon a con- dition subsequent, which condition it now appears was impossible of fulfillment because there are no settlers on the land for the com- pany to sell to, we will hold that the company take the land relieved from the condition. Therefore it is dangerous to have no settlers on the land. That condition will lend weight to the contention of the railroad company. Mr. Raker. You stated that you appeared in court out there. What capacity did you appear in ? ilr. Lafferty. Jis attorney for these 65 settlers who were on the land in the summer of 1907, for the purpose of making test cases as to whether that law means what it says. Mr. Raker. Were they parties to that suit? Were they inter- venors in that suit ? Mr. Lafferty. They were not the interveners. The Government intervened in their suit. When I got home in July, 1907, Mr. Town- send would not do anything about it and I said, "I wiU file suits for some of those settlers myself," and I went down to the railroad office and tendered them 12.50 an acre and said, "We want you to give us a deed to this land." They refused, of course, and I drew up a com- plaint, which Mr. Townsend has adopted almost literally — I drew up a complaint setting out the facts and the law, setting out that the plam- tiff, John L. Snyder, had settled on certain lands in pursuance to the act of Congress, had tendered the company $2.50 an acre and demanded a deed, and that they had refused to give him a deed, and asking the court to enter a decree requiring the railroad company to accept the $2.50 an acre for the land and execute a deed. That was in 1907 that the first suit was filed. The Chairman. This occurred in your own suit and this is not in the railroad suit ? Mr. Lafferty. No, the Government suit comes along a year later and attaches onto us. We have tried to appeal from the decision of the court against this settler, John L. Snyder, to the circuit court of appeals, and the judge will not allow us to appeal until the Attorney General appeals also. OREGON AND OALIFOBNIA LAND GRANT. 75 Mr. Kakee. In what case was it that the Attorney General made your parties defendants ? Mr. Laffeety. The main suit. We are parties now in the big suit. Another thing I want to say, these settlers did not pay me anything for filing this suit. I told them that they need not pay me a cent for filing the suit and that if they won the suit they could pay me a fee at the end of the case, not to exceed $125 in any one case. The Chaieman. The statement has been made by others who h^ve appeared here that these lands are not suitable for settlement by actual settlers. Is that statement true ? Mr. Lafferty. It is not true. There are settlers now all over that country on the even-numbered sections, and there are a number of settlers on the odd sections of the grant. The Chairman. What percentage of the land is susceptible of cultivation ? Mr. Laffeety. On the railroad sections I should say about 20 per cent is susceptible of cultivation and that about 60 per cent additional can be reduced to horticultural and agricultural purposes. The Chaieman. At least one-half of the lands involved in this proposed resolution is subject, in your judgment, to actual settlement ? Mr. Lafferty. It is all capable of being settled upon. The Chaieman. It is very rarely that you can cultivate the whole of any quarter section. Mr. Laffeety. After I conferred with Secretary Fisher the other day I reintroduced my bill, making some changes in it. It now pro- vides that the more valuable lands may be sold to settlers in tracts of 40 instead of 160 acres. I think it would be no more than fair that the secretary should designate certain areas to be sold in amounts less than 160 acres. I think you will fund that my new bill (H. R. 23719) covers every part of the case, and I hope that hereafter this litigation will be kept track of by a special committee of the Public Land Committee. The Chairman. What can we do about it ? Mr. Laffeety. My pending resolution, if passed, authorizes the chairman to appoint a special committee on this land-grant question with authority to call for the records in the Department of Justice. The Chairman. This committee can do that now. Mr. Lafferty. There was a Committee on Pacific Railroads at one time, up until this Congress. Now, the subcommittee of the PubKc Lands Committee on this Oregon-California land grant, I think, should be a continuing committee. The Oregon delegation will keep them posted. Mr. MoNDELL. Mr. Lafferty, there are some matters connected with the grant that have passed from my mind since the former discussion. What is the approximate length north and south of this grant ? Mr. Lafferty. It runs from the Columbia River to the Calfornia line, the full length of the State, a little over 300 miles. Mr'. Mondell. How wide is it ? Mr. Laffeety. Sixty miles. Mr. Mondell. When did the railroad company cease selling this land? Mr. Lafferty. In 1904. Mr. Mondell. That country had been fairly well settled — there were good-sized towns there prior to that time ? 76 OREGON AND^OALIFOBBTIA LAND GRANT. Mr. Laffeety. Right in Willamette Valley prpper and Eogue River Valley there is a dense population, but in the remote districts, where the roads are not good, the people were just begmmng to take up the even-numbered sections in the fall of 1904. Mr. MoNDELL. The lands you considef valuable for agricultural purposes were not generally so considered at that time, I presume ? Mi. Laffeety. No; these were not the more valuable agricultural lands, the more valuable farm lands. Mr! MoNDELL. Are most of the remaining lands covered with some timber growth ? Mr. Laffeety. There is some timber on practically every quarter in 1907. Mr. MoNDELL. Is there any considerable amount of the land that is at all level, or is it all pretty rough ? Mr. Laffeety. There is lots of level land, even upon the iiigh , table-lands. Mr. MoNDELL. Have those lands some depth of soil, or are they mostly rocky ? Mr. Laffeety. Well, this soil grows big trees, and any kind of land that grows big trees is rich land. Mr. MoNDELL. Oh, I don't know about that. Sometimes the biggest trees grow upon the poorest soU. Mr. Laffeety. Our trees are not like the jack piues in Wyoming. These trees grow over 200 feet high. I have pnotographs in my office showing where they raise strawberries and fruit of all kinds right in the heaviest parts of the timber. Mr. Rakee. Some of that land is the most valuable land in the country, isn't it? Mr. Laffeety. Yes. I have been told by people who have been in Switzerland and seen the vineyards there that the roughest of this country is very much like the vineyard country in Switzerland. Mr. Rakee. The vineyards are already there on part of the land growing, are they? Mr. Laffeety. Yes. Mr. Mondell. You say no considerable portion of this land is rocky ? Mr. Laffeety. No, western Oregon has very few rocks. They have large volcanic mountains, like Mount Hood and Mount Shasta — Mount Shasta is in California — but there are no small rocks or small bowlders like there are in eastern Oregon. Mr. Mondell. Most all of the land then, whether it has much soil or not, could be plowed? Mr. Laffeety. Yes. Mr. Dixon. I want to call your attention to the fact that you have a letter here from Mr. Wickersham in support of this biU 22002. It was written and sent here during the absence of the chair- man, and I want to see that that goes into the record. The Chaieman. That wiU be inserted in the record. Mr. Dixon. Another thing, this new bUl of Mr. Lafferty's, if this is to be considered I certainly will want to be heard on it. iThere are some clauses in there that we will object to to the last ditch. Mr. Laffeety. This bill provides that all the purchasers to whom land was "sold and conveyed by the railroad company" prior to the OEEGON AND CALIFOBNIA LAND GKANT. YT Government suit shq,ll be compromised with. It cuts out thost who did not have their deeds prior to the Government suit. There are 19,000 acres of the Booth-Kelley Lumber Co. lands that thej will lose under this wording of the bill. Mr. Dixon. There are a good many thousand other acres, anc besides that we want to be heard on this bill. Mr. Lafferty. I have no objection if the committee desires tc change the language of. my new bill from "all lands sold and con veyed" to "all lands purchased from the railroad company." Thai would let them through. Mr. Dixon. In the first bill introduced there is a clause thai relieves the owners of all lands that may be compromised from al charge for trespass, and that ought to be in there if the bill is passec at ail. In the new bill that is left out and we are subject to a charge of trespass for what we have been doing for the last seven or eighl years. I also wanted to ask Judge Eaker if I was correct in thinking thai perhaps he had confused the 45 defendants with Mr. Lafferty's 6i clients ? Mr. Raker. No; I have that distinct in my mind. The Chairman. We will now adjourn until Friday morning at 1( o'clock. List of Atjthoeitibs Cited by Me. Lafferty. United States v. Des Moines, etc., Co., 142 U. S., 527. Colfield V. McClelland, 16 Wallace, 331. Goldberg v. Kidd, 5 S. Dak., 169. Stingfellow v. Kane, 99 V. S., 610, Mills Co. 1). Railroad Companies, 107 U. S., 567. Morgan v. Rodgers, 79 Fed., 577. Rice V. Railroad Company, 1 Black, 378. United States v. Michigan, 190 U. S., 396. Railroad Co. v. Prescott, 16 Wallace, 607. Topeka Commercial Security Co. v. McPherson, 7 Okla., 332. The two decisions last cited show that the railroad company has no right to paj taxes on these lands and thereby assume the position of a fee-simple owner. All th( foregoing decisions show that this was a conveyance in trust and not a conveyanci on a condition subsequent. LISTS aF ALL UNSOLD LANDS. The following is a description of all the unsold lands of the Oregon & Californii Railroad Co., amounting practically to 2,400,000 acres, as submitted to the committee by Mr. Lafferty, and as set out in the Government's complaint in the main suit. 78 OEEGON AND CALIFORNIA LAND GEANT. List of Unsold Lands of the Oregon & Califoenia Railroad Co. Received bt It Under the Acts of April 10, 1869, and May 4, 1870, as the Same Aitba? in THE Government's Bill of Complaint., EAST side grant. [Act of Apr. 10, 1869.] All of the lands of said east side grant are situated in the State of Oregon; the respec- tive counties are indicated in the schedule. The counties are arranged in the order in which they occur in the grant from west to east, commencing at the north. Thus arranged, they appear in the following order. For convenience, the total number of acres in each county is here stated: Washington County 2, 452. 18 Multnomah County 8, 120. 00 Yamhill County 27,120.20 Clackamas County 89, 162. 07 Polk County 37,017.79 Marion County 30, 256. 00 Lincoln County 15, 906. 00 Benton County 53, 626. 99 Linn County ; 61, 966. 23 Lane County 299, 606. 00 Douglas County 616, 843. 14 Coos County 106, 563. 36 Curry County 7, 844. 64 Josephine County 167, 480. 98 Jackson County 441, 791. 15 Klamath County 43, 015. 00 Total east side grant 2,008,771. 73 Washington County. [South ol base line and west of Willamette meridian.] Township 1, range 1: W. i of SE. J of SW. i, sec. 19 20. 00 Township 3, range 1: NE. i of N W. i, sec. 3 41. 00 Township 1, range 2: Lotl, sec. 31 20.00 Township 2, range 2: SW. i of SW. i, sec. 17 40.00 Township 1, range 3: Lot 1, sec. 7 .18 SW. } of SW. i, sec. 21 40.00 Lot 1, sec. 25 11. 00 Township 2, range 3: S. i of NE. J; SE. i of NW. i; NE. i of SW. J; N. i of SE. J; SE. i of SE. i, sec. 11 280.00 NW. Jof SW. i; E. iof SW, i; SW. i of SE. i, sec. 13 160.00 Township 1, range 4: NW. iofNE. i; NW. i; SE. i, sec. 15 360.00 Township 1, range 5: NE.iofNE.J; E. J of SE. i, sec. l.._ 120.00 NE. J; N.iofSE. i; SW. i of SE. J, sec. 3 280.00 SW.-^of SW. J; SE. i of NW. i, sec. 11 80.00 E. iof NE. i; SE. i, sec. 15 240.00 All sec. 33 640. 00 NW. iof SE. J; S.Jof SE. J, sec. 35 120.00 Total Washington County 2 452. 18 OREGON AND CALIFORNIA LAND GRANT, 79 Multnomah County. [South of base line and east of Willamette meridian.] Township 1, range 4: Acres. SE. Jof SW. i; N. Jof SW.i, sec. 11 120.00 SW. i of NE. i, sec. 13 40.00 W. iofNE. i; SE. iof NE. i; NE. i of NW. i, sec. 15 160.00 S. i of NE. J; N. i of NW. i; SE. i of NW. i; N. i of SE. i; SE. i of SE. J, sec. 23 320.00 Township 1, range 5: All sec. 1 646. 00 All sec. 3 623. 00 SE. Jof NW. i; NW. iof SW. i; SE. i of SE. i, sec. 5 120.00 S. i of NW. i; NW. i of SW. i; S. i of SW. i; NE. i of SE. i; S. i of SE. J, sec. 7 317.00 NE.JofNE. i; S. J of N. i; NW. i of NW. i; S. i, sec. 9 560.00 All sec. 11 640. 00 All sec. 13 640. 00 N.J; N. J of SE. i, sec. 15 400. 00 -N. IofNE. i; SW. J of NE. i, sec. 17 120.00 S. }, sec. 21 320. 00 NE. i of NE. J; S. i of NE. i; NW. i; N. J of SW. i; NW. i of SE. i, sec. 23 400. 00 Township 1, range 6: NW. }, sec. 3 118. 00 All sec. 5 664. 00 All sec. 7 .... .• 632. 00 All sec. 9 640. 00 All sec. 17 640. 00 Total Multnomah County. 8, 120. 00 Yamhill County. [Soutli of base line and west of Willamette meridian. ] Township 3, range 2: Lotl, sec. 19 .50 Township 2, range 3: NE. i of NW. i; SE. i of NE. i, sec. 23. - 80. 00 Township 5, range 3: Lots 10, 11, 12, sec. 3 74.64 Lotl, sec. 9 3.90 Lotl, sec. 11 15.06 Lot 4, sec. 13 ' 15.82 Lot 6, sec. 21 .97 NE. J of SE. i, sec. 23 40. 00 Lots 7, 8, sec. 25 72. 70 Township 2, range 4: Lot 1, sec. 31 1. 30 Township 3, range ,4: Lotl, sec. 9 1.48 Lot 4, sec . 33 11 Township 4, range 4: Lotl, sec. 13 ■■ 2.94 Township 5, range 4: Lot 2, sec. 9 -31 Lotl, sec. 27 13.00 Lotl, sec. 35 25.44 Township 2, range 5: SW.JofNE.i; SE.iofNW.J; NE.JofSW.i; NW. iof SE.i, seel 160.00 N.iSfNE.i; NE.iofNW.i; SW.iofNW.J; SW.J; S.Jof SE.}, sec. 3...... - 400.70 SE. iofNE. i; S.J, sec. 5 .- 360.00 All sec . 7 645. 60 NE. iofNE. i; W.JofE.J; W. J; SE. i of SE. i, sec. 9 560.00 Ail sec. 17 640.00 80 OREGON AND CALIFOKNIA LAND GRANT. Township 2, range 5 — Continued. W. i of NB. i; NE. i of NW. i; SW. i of NW. i; W. J of SW. i; NE. Acres. iof SE. i, sec. 19 283.60 .NW. J of NE. i; N. * of NW. i; NW. i of SW. i; NW. i of SE. i, aec . 21 200. 00 Lot 2, N. iof N. i of SW. i, aec. 27 57.05 NE. Iof NE. i, sec. 29 40.00 SE. iof NW. i; S. J, aec. 31 363.97 Township 3, range 5: S. iof SW. 1, sec. 5 80.00 NE. i of NE. i; N. i of NW. i; SW. J of NW. i; NW. i of SW. i; W. iof SE. J, sec. 7 - 284.20 S. iof N.i; S. i, sec. 19 488.10 Lots 1, 2. sec. 23 41. 20 N.iofNE. i; SW. iofNE.i; NW. i; E.iofSW.J; SW.JofSWi; SE. J, sec. 29 560. 00 SW. J; W. iof SE.i, sec. 31 248.21 W. i of NE. 1; E. i of NW. J; NW. i of SE. J; S. i of SE. i, sec. 33. . 280. 00 E. i of NE. 1, sec. 35 ." 80. 00 Township 4, range 5: N. i, sec. 7 324. 51 NW. i; N. i of SW. i; NW. i of SE. i, sec. 19 285. 76 Lot 4; SW. iof NW. i, sec. 21 79.06 S. iof S. iof SE. iof SE. i, sec. 31 10.40 Township 5, range 5: Lot 7 (orNW. iof NW. i), sec. 5 30.05 -Lot 8, sec. 15 12. 00 Lot 8, sec. 25 .' .10 Lots 1, 5, 6, sec. 31 15.91 Lqtl, sec. 35 8. 00 Township 2, range 6: - N. i; N. i of S. i, sec. 13 480. 00 W. iof NW. i, sec. 25 80.00 SW. i; S. i of SE. i, sec. 27 240.00 S. i; E. iof NE. i, sec. 33 421.36 -.All sec. 35 640. 00 Township 3, range 6: All sec. 1 641. 84 N. i of NW. i; SW. i of NW. i; SW. i of SW. i; SE. i of SE. i, sec. 3. 202. 11 S. i, sec. 5 320.00 W. iof NW. i; N. iof SW. i; S. i of SE. i, sec. 9 240.00 N. i of NE, i; SW. i of NE. i; NE. i of NW. i; W. i of NW. i; SE. i of SW. i; SE. i, sec. 11 440.00 All sec. 13. 640. 00 NW. i of NE. i; NW. i of NW. i; NW. i of SW. i; S. i of SW. i; SE. i, sec. 15 360.00 All sec. 17 640. 00 W. iof E. i; W. i, sec. 21 480.00 E. i; E, iof NW. i; SE. i of SW. i, sec. 23 440.00 All sec. 25 640. 00 All sec. 27 640.00 All sec. 33 640. 00 All sec. 35 640. 00 Township 4, range 6: NE. i; N. iof SE. i, sec. 1 239.85 N. i; N. iof SW. i; SE. i, sec. 3 560.62 N. iofNE. i; SW. iofNE. i; NW. i; S. i, sec. 5 605.47 All sec. 9 ; 640. 00 N. iofNE. i, sec. 11 80 00 E. i of NE. i, sec 13 80.00 All sec. 17 640. 00 All sec. 19 662. 96 AH sf f 21 ; 640. 00 NE. i of NE. i- S. i of NE. i; SE. i of SW. i, sec. 23 160.00 N. i; W. iof SW. i; N. i of SE. i, sec. 29 480.00 E. i of NE. i; SW. i of NE. i; W. i of NW. i; SE. i of NW. i; N. i ofS.i, sec.Sl ...... . ' 415.78 NW. iof NE. i; NW.; N.iof SW. i, sec. 33 280.00 Iiots 1 , 2, sec. 35 4. 00 OEEGON AND OALJPOENIA LAND GBANT. 81 Township 5, range 6: Acres. E. i of NW. i, sec. 3 78.23 Township 4, range 7 : SE. lofNE. 1; W. iof NW. i; S. i, sec. 21 440.00 All sec. 23 640. 00 |n[E. i; E. i oi NW. i; S. i, sec. 25 560. 00 All sec. 27 640. 00 E. J; N. i of NW. i; S. i of SW. J, sec. 29 480. 00 E.J, sec. 31 320.00 S. i of NE. i; N. i of NW. i; S. i of SW. i; SE. J, sec. 33 400. 00 W. i of E. i; NW. i; N. i of SW. h sec. 35 400. 00 Township 5, range 7: . , E.iofNE.J;N.iofNW.i;SE.iofNW.J;NE.iofSE.i,sec. 3..-- 243.40 N. i of NW. i; SE. i, sec. 9 240. 00 SW. i; SW. i of SE. i, sec. 11 200.00 N. i; N. i of SE. i; SW. i; SW. } of SE. J, sec. 15 600.00 SW. i; N. i of SE. i, sec. 21 240. 00 NE. i of NE. i; S. i of NW. i; lot 1, sec. 27 121. 20 SW. i, sec. 83 160.00 Township 6, range 7: NW. i, sec. 3 156. 85 Total Yamhill County 27, 120. 20 Clackamas County. [South of base line and east of Willamette meridian.] Township 3, range 1: Lot 1, sec. 19 2.23 Township 4, range 1 : Lotl, sec. 21 .49 Township 6, range 1: NE. i of NW. i; S. J of NW. i; N. i of SW. \\ SE. J of SW. ■}, sec. 13 . . . 240. 00 Township 1, range 2: Lot 4, sec. 35 2.80 Township 3, range 2: Lots 1, 2, sec. 3 14. 55 Lotl, secT^ - .87 SE. iof SE. i, sec. 11 40.00 Township 4, range 2: SE. 1 of NW. i; E. \ of SW. i, sec. 3 120. 00 NW. i of SW. i, sec. 5 40.00 SE. i of NE. i; E. \ of SW. J; NE. i of SE. i, sec. 11 160. 00 NW. i of SE. i , sec. 13 40. 00 SW. iof NE. 1;N. i of SE. i; SE. Jof SE. i, sec. 15 160.00 NE. i of NW. i, sec. 21 40.00 SW. i of NW. i, sec. 23 40.00 Lots 1, 2, sec. 33 1. 80 Township 5, range 2: Lots 1, 2, sec. 3 42. 66 Lot 2, sec. 5 4.47 S. i of NE. i; lot 2, sec. 13 125.55 E. iof NE. i;NE. Jof SE. i; lot 2, sec. 25 147.50 S. JofNE. i;E. JofW. i;SE. i, sec. 35 400.00 Township 6, range 2: NE. i; N. i of NW. J; SE. i of NW. }; SE. i of SW. \; NE. iof SE. i; S. i of SE. 1, sec. 1 440. 20 NW. i of NE. i; S. i of NE. i; NW. J; E. J of SW. \; SE. \, sec. 5. . 552. 55 N. i; SW. i of SW. i; W. J of SE. i; SE. i of SE. \, sec. 7 475. 99 SW. i of NE. i; NW. i; NW. i of SE. i, sec. 9 240.00 SW. iofJ)fE. i, sec. 11 40.00 E. i of NE. i; SW. i of NW. i; SW. \; W. J of SE. \, sec. 13 ....... . 360. 00 N. I of NE. i; SW. i of NE. i; NW. i, sec. 15 ' 280.00 NW. i of NE. J; N. J of NW. }, sec. 17 ' 120.00 NW. i of NE. i; E. J of NW. i; N. J of SW. \\ SW. i of SW. \; NW. i of SE. }; SE. } of SE. i, sec. 19 315.36 W. J of NW. i, sec. 21 80.00 47197—12 6 82 OREGON AND CAtlFORNIA LAND GRANT. Township 6, range 2 — Continued. ■*'*^- S. 4 of NW. i, sec. 23 80. 00 W. i; NW. iofSE. i; S.iof SE. i, sec. 25 440.00 SW. iof NE. i; NE. }of NW. i; S. i of NW. i, sec. 27 160.00 NE. i; N. i of NW. i; SE. i of NW. i; N. i of SE. i; SE. i of SE.J, sec. 29 400. 00 N.i; SE.i,sec.33 430.00 N.i; SW.i; NW.iofSE.J; S.^of SE. i, sec.35 600.00 Township 7, range 2: Allsec. 1 640.00 E.i; E.iofW.i; NW. i of NW. i, sec. 3 516.38 NE. i; NE. i of SE. i, sec. 5 198. 65 SE. iof NE. J; E. iof SE. }, sec. 9 120. 00 N-i; SW.i; E.J of SE.i,sec.ll 560.00 All sec. 13 640. 00 E. i; E. iofW. i; NW. i of NW. i, sec. 15 520.00 • All sec. 23 640. 00 N. i; N.iof SW. i; SE. iof SW. J; SE. i, sec.25 600.00 TAwnahip 1, range 3: NE. iof NE. i, sec. 29 40.00 Township 2, range 3: Lot 5, sec. 21 .55 Lots 5, 6, 8, sec. 23 11.25 Township 3, range 3: Lots 3, 11, sec. 1 45. 19 SW. Jof NE. i; NW. iof SW. i; lot 2, sec. 7 99.51 Lot 5, sec. 13 36. 34 Lotsl, 2, 3, 6, 7, 8, sec. 15 .• 75.27 NW. iof NE. i; NE. } of NW. }, sec. 19 80.00 Lots 3, 4, 5, 6, 7, 8, sec. 25 71.26 SE. iofNE. i; SW. iofSB. i; lots 1, 2, 3, sec. 27 101.95 Lot4; SE. JofSW. i; W. i of SE. i, sec. 29 146.65 NW. i, sec. 33 160. 00 N. i, sec. 35 320. 00 Township 4, range 3: S. iofNE. i; NW. J; N. i of SW. i; lots 1, 2; SE. i sec. 1 525.45 SW. i of SE. i, sec. 3 40.00 E. iof NW. i; NW. iofSW. i; S. i of SW. i, sec. 5 -^ 200.16 SW. i of NE. i, sec. 9 40.00 NE. iof NW. i; S. iofNW. i; SW. i, sec. 13 280.00 SW. i of SW. i, sec. 19 47.31 E. iofNE. i; SW. iofNW. i; N. i of SW. J, sec. 21 200.00 NW.iof NW.i; Siof NW. i; SW. i, sec. 23 280.00 NW. iof NE. i; S.Jof NE. i; S. i of NW. }, sec. 25 200.00 N. i of NE. i; SW. } of NE. {; SE. J of NW. i; NE. i of SW. i; S.J of SW. }; NW. i of SE. }, sec. 27 320.00 NE. iofNE. i; S. i of NE. i, sec. 29 120.00 S. iofNE. i; SE. i, sec. 31 240.00 N.iofNE. i; NW. i of SW. i, sec. 33 120.00 Township 5, range 3: S. iofNE. i;E. iof SE.i, seel 160.00 SW. i of NW. i; NW. i of SW. i; S. i of SW. i, sec. 5 160.0U NE.iotNE.i; SE.iofNW.i; NE. iof SW.i; lot 3; N. iof SE.i; SE. i of SE. i, sec. 7 290. 02 E. i; SE. i of NW. i; E. i of SW. i, sec. 11 440.00 N. i; NW. iof SW.i; S. iof SW.i; SE. i, sec. 13 600.00 N. i of NW. i, sec. 17 80. 00 NE. i; E. i of NW. i, sec. 21 - 240.00 N. i; E. iof SW.i; SE. i, sec. 23 560.00 Township 6, range 3: S. i of NW. i; N. i of SW. i, sec. 17 : - 160. 00 Township 7, range 3: N. i; SW. i; N. i of SE. i, sec. 1 559. 12 Allsec. 3.. ..... 637.28 All sec. 5 638. 00 SW. iof NE. i; W. i; NW. iof SE.i; S. i of SE. i, sec. 7 455.60 OEEGON AND CAUFOBNIA LAND GEANT. 88 Township 7, range 3 — Continued. Acres. All sec. 9.. 640. 00 NW. i; SW. i; NW. J of-SE-.-i, sec. 11 520.00 All sec. 13 640. 00 NE. i; S. iofSW. ij SW. i of SE. J, sec. 15 : 280.00 N. iof NE. i; SW.-iof NW. i; SW. i; S. i of SE. i, aec.l7...... .. 360.00 All sec. 19 612. 40 All sec. 21...'. 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 N. i, sec. 27 320. 00 Township 1, range 4: NW. iotNB.i; S. iofNE. J; NE. i of NW. f, sec. 25 160.00 Towlnship 2, raage 4: W. J of NE. i; NE. i of NW. i; E. i of SW. J, sec. 1 198. 49 Lot 4, sec. 19 18. 67 S. lof NE. i; S. iof S. J, sec. 25 246.00 SW. iof NW. i, sec. 29 40.00 N. iof NE. i; W.J; NW. i of SE. i; S. J of SE. i, sec. 35 520. CO Township 3, range 4: S. Jot S.i, sec. 1 160.00 E. i; E.J of W.J; NW. i of NW. i; SW. i of SW. J, sec. 11 560. CO N.J of N.J; SE. iofNE. i; SE. i of NW. i, sec, 13 240. CO SE. i, sec. 25 160. 00 SE. iof SE. i, sec. 29 40.00 Lot 5; NW. i of NW. i, sec. 31 57.66 Lot 1, sec . 33 16. 00 Township 4, range 4: NW. iof SW. i; S. J of SW. i, sec. 1 120.00 Lotl; NW. iof NE. i; E. J of NW. i, sec. 7 145.50 Lots 7, 8, 10, 11, sec. 9 60.11 SW. iof NE. i, sec. 11 40.00 E. J, sec. 13 320.00 S. JofNE.i; lot 4; SE. iof SW. i, except 2 acres in SW. corner, sec. 15 153.42 Lots 1, 4, 5, 7, and 8; SW. i of NW. i; N. J of SW. i; SE. i of SW. i; S. Jof SE. i, sec.l7 364.16 SW. i; SW. iof SE. i, sec. 21 200.00 NW.iofNE. i; E.JofSW. i; NE. iof SE. i; S. Jof SE. i, sec. 23. 240.00 AH sec. 25 ; 640. 00 All sec. 27 640. 00 NE. i of NW. i; NE. i of SW. i; NE. i of SE. i; SW. i of SE. i, sec. 29 160.00 NE. iofNE.i; NE. iofNW. i; S. JofSW. i; E. Jof SE. i, sec. 31. 241.83 All sec. 33 640. 00 W.J, sec. 35 320.00 Township' 5, range 4: All sec. 1 626. 12 All sec. 3 561. 91 All sec. 5 634. 88 All sec. 7 648. 38 All sec . 9 640. 00 All sec. 11 640. 00 All sec. 13 640. 00 N.J; SW. i; N. J of SE. i, sec. 15 520.35 All sec . 17 629. 76 All sec. 19 577. 90 N. J sec. 21 320. 00 All sec. 23 640. 00 All sec . 25 640. 00 Township 6, range 4: All sec. 1 <■■ 750. 36 All sec. 3 751. 48 All sec. 9 640. 00 All sec. 11 640. 00 S.J sec. 33 320.00 84 QKEGON AND CAI/IFORNIA LAND GRANT. r Township 7, range 4: Acres. N.i;SW.i; NW. i of SB. i, sec. 5 428.60 S. iofN.i; S. i, sec. 7 537.19 All sec. 9 640. 00 N.i; N.iof S. i, sec. 15 480.00 All sec. 17 640. 00 All sec. 19 . 714 52 N. i; W. i of SW. i, sec. 21 '.'..'......'. 40o" 00 N. i; SW. i, sec. 29 480. 00 Township 8, range 4: E. i; lots 1, 2, 3, and 4, sec. 7 462. 84 Township 1, range 5: .N.iof NE. i; NW. isec. 2& 240 00 NWiofNE.i; NE.iofNW.i; SW. i of SW. }, sec. 29 120^00 S. i of SW. i, sec. 33 80.00 S.iofNE.i; S.i, sec. 35 400.00 Township 2, range 5: NE.i; SE.iofSW.i; NE.JofSE.i; S. i of SE. i, sec. 1 319.37 Lot 5, sec. 7 38.52 NE. i; E. i of SE. }, sec. 13 240.00 NE. i; N. i of NW. J; SW. J of NW. i; NW. J of SW. i; NW. i of SE.i; S. iofSE.i, sec. 15...: ... 440.00 .SW. }of NE. }; E. i of NW. J, sec. 19 120.00 NW. iof NE.i; N.iofNW. i; SW. i of NW. }, sec. 23 160.00 N.iof NE.i; S.iof SW. i; SE. i of SE. i, sec. 27 200.00 NW. i of NW. i; S. i of NW. i, sec. 31 113. 11 N. i of NW. i; SE. i of NW. i; SE. i, sec. 33 280. 00 Township 3, range 5: All sec. 1 641. 73 All sec. 3 645. 10 ' SE. iof NW. i; S.J, sec. 7 357.00 E. i; S. iofNW. i; N. J of SW. i, sec. 9 480.00 All sec. 11 640. 00 All sec. 13 :. . . 640. 00 NE. iof NE.i; S. i of NE, i; N.^of SW. i; SE. i, sec. 15 360.00 N. i of NE. i; SE. i of SE. i, sec. 17 120. 00 NW. iof SW. i; S. JotSW. i; SW. i of SE. i, sec. 19.; 154.12 N. i of NE. i; SW. i of NE. i; SE. i of NW. i; NE. i of SW. i; SW. iof SW. i; NW. iof SE.i; S. i of SE. i, sec. 21 360.00 E. i; E. iofW. i; NW. i of NW. i; SW. i of SW. i, sec. 23 560.00 All sec. 25 640. 00 All sec. 27 640. 00 S. i of N. i; NW. i of NW. i; N. J of SW. i; SE. i of SW. i; S. i of SE. i, sec. 29 1 400.00 N. iofNW. i; SW.iofNW.i; SW.iofSW.i; S.Jof SE. i, sec. 31. 236.59 N. i; N. i of SW. i; SE. i, sec. 33 560. 00 All sec . 35 640. 00 Township 4, range 5: All sec. 1 - 640. 22 NE. i; N. i of SW. i; SW. i of SW. i; NW. i of SE. i, sec. 3 319. 84 E. Jof NE. i; E. J of NW. i; S. i of S. J, sec. 5 321.69 All sec. 7 639. 26 All sec . 9 640. 00 W. iof NE.i; W. iof NW. i; SE. i of NW. i; S. i, sec. 11 520.00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 , 640. 00 All sec. 19 637. 98 All sec. 21 640. 00 All sec. 23 640. 00 NE. i, sec. 27 160.00 S. iof N.i; NW. iof NW. i, sec. 29 200.00 All sec. 31 659. 66 E. i, sec. 35 ,. 322.98 Township 1, range 6: All sec. 29 640. 00 All sec. 31 624. 80 SW. i, sec. 33 160.00 OBEGON XSD CALIFORNIA lAND GRANT, 85 Township 2, range 6: Acres. All sec. 1 640. 00 All sec. 3 639. 42 All sec. 5 :• 638. 22 N. i; N. i of SW. i; SW. i of SW. i; SB. i, sec. 7 597. 22 All sec. 9 640. 00 All sec. 11 640. 00 All sec . 13 640. 00 All sec. 15 640. 00 N.i; E. iof SW. J; SE. i, sec. 17 560.00 S. iofN.i; NW. iof SW. i; N. i of SE. J, sec. 19 282.99 S. iofNE. i; S. Jof SW. i; SE. J, sec. 21 : 320.00 N. i; N. i of S. 4; SW. i of SW. i, sec. 23 520. 00 N.iofNE. i; SW. i; NE. i of SE. J; S. ^ of SE. i, sec. 25 360.00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 642. 82 All sec. 33 640. 00 All sec. 35 640. 00 Township 4, range 6: N. i; SW. i, sec. 1 480. 00 All sec. 3 640. 00 All sec . 5 644. 21 All sec. 7 639. 39 All sec . 9 640. 00 All sec. 11 700. 21 W. i sec. 13 320. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 640. 54 All sec. 21 640. 00 NW. i sec. 23 195. 68 NW. i sec. 27 160. 00 All sec. 29 621. 83 Lots 3, 4, 5, 6, 7; NE. i of SW. i; N. i of SE. i, sec. 31 327.52 Lotsl, 2; NW. i; N. i of SW. i, sec. 33 303,04 Township 2, range 7: »^l» All sec. 7 638. 41 PW All sec. 19 : 638. 42 "» All sec. 31 639. 59 Township 3, range 7: W. i sec. 7 323. 32 W. i sec. 19 321. 78 South of base line and west of WUlamette meridian, township 3, range 1: NE. i of SW. i, sec. 19 40.00 Total Clackamas County 89, 162. 07 Polh County. [Soutli of base line and west of Willamette meridian.) Township 6, range 3: Lot 2, sec. 5 2. 00 Lot 4, sec. 21 .63 Township 8, range 4: Lots, sec. 3 4.00 Township 9, range 4: Lot 5, sec. 1 4.00 Lot 5, sec. 9 - • 1. 16 Township 9, range 5: Lot 9, sec. 13 6.00 Township 6, range 6: Lotl, sec. 35 28.00 Township 7, range 6: Lots 1, 2, 3, 4, sec. 3 94.00 SW. iofNE. i; S. i; lot 1, sec. 5 405.00 All sec. 7 655.00 SE. ■}• of NE. i; S. i of SW. i; SE. i; lot 3, sec. 9 318. 00 §6 OREGON AND' OAltlFORNIA Im^JT'P OKANT. Township 7, range 6 — Continued. ^'^r^- E. i of N.5;. i; NE. i of SW, i; 8, i of SW. i; SE. i, aec. 17 360. 00 E. iof SW. i; NE. iof SB. i; SW. i of SE.. i, eec. 21 WO. 00 SE. i of 8E. i, sec. 27 40. 00 All sec. 29 ©40. 00 All sec. 31 , 662. 00 N. 4 of NE. i; NW. i; SE. i, sec. 33 400. 00 Township 8, range 6: N. 4, sec. 5 324. 00 NW. i of NW. i; S. i of N. i; N. J oi S. i; SE. i of SE. i, sec. 7.... 415. 00 W. i of NE. i; S. i of NW. i; N. J of SW. i; SW. i of SW. i, sec. 9. . 280. 00 NW. i of NE. i; NW. i, sec. 17 200. 00 NE. i of NE. i; SW. i of NE. 4; NW. i of NW. i; S. i of NW. i; SW. i; S. iof SE. i, sec. 31 440.00 W. 4 of NW, i, sec. 33 '. 80. 00 Township 9, range 6: N. i of NE. 4; NW. i, sec. 5 246. 00 N. i; N. 4 of SE. i, sec. 7 407. 00 SE . i of NW. J, sec . 9 . . . , , 40. 00 SW. i of NE. i, sec. 17 ■ 40.00 Township 7, range 7: S. 4of NE. i; NW. i; S. 4, sec. 1 610.00 All sec. 3 739. 00 All sec. 5 736. 00 AH sec. 7 643. 00 All sec. 9 640. 00 N. 4; N. 4of S. 4; SW. iof SW. i; SE. iof SE, i, aec. 11 ,.. 560.00 N. 4; SW. i; NW. iof SE. i; S. 4 of SE. i, sec. 13 600.00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 642. 00 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec . 27 640. 00 All sec. 29 640. 00 All sec. 31 : , 640. 00 All sec. 33 641. 00 N. 4, sec. 35. .■ 320. 00 Township 8, range 7: , S. 4 of NW. i; SW. i; NW. i of SE. 4; SE. i of SE. i, sec. 1 320.00 W. 4; NE. i, sec. 3 481. 00 All sec. 5 641. 00 N. 4 of N. 4; SW. i of NW. i; NW. i of SW. i; S. 4 of S- i, sec. 9. . 400. 00 SE. i of SE. i, sec. it 40. 00 N. 4 of NE. i; NE. i of NW. i, sec. 17 :; 120.00 SE. i of NW. i, sec. 23 40. 00 N. 4bf NE. i; SW. fof NE. i; SE. iof SE. i,'sec. 25 160.00 All sec. 31 641. 00 N. 4 of NE. i; SW.,i of NE. i, sec. 35 120. 00 Township 9, range 7: NE. i; E. 4of NW. i; S. 4, sec. 1 ; 561.00 NW. i; S. 4, sec. 3 480. 00 Lots 3, 4; SW. i of NW. J, sec. 5 136. 00 N. 4; SW. J; N. 4of SE. i, SW. i of SE. J, sec. 9 600.00 All sec. 11 640. 00 All sec. 13 640.00 W. 4of NE. i; W. 4; NW. i of SE. i, sec. 15 440.00 Lots 9, IQ, 11, 14, 15., 16, sec. 17 245.00 NW. i; JJW. i of SW. i, sec. 21 200. 00 E. 4 of NE. i; NE. i of SE. J, sec. 23 120. 00 N. 4 ; SW. i, sec. 29 480. 00 All sec. 31 662.00 SE. i of NW. i; S. 4, sec . 33 360. 00 NE. i of NE. i; W. 4 of NW. i; NW. i of SW. i; S. 4 of SW. J; SW. 4of SE. J, sec. 35 280. 0» OREGON AND CALIFORNIA LAND GRANT. 87 Township 10, range 7: Acres. N. J of N. i, sec. 1 190. 00 NW. i ; N . i of SW. i, sec . 3 248. 00 Lots 1, 2, 3, 4, sec. 5 ;. . 184. 00 Township 7, range 8: All sec. 1 780. 00 E. i; E. Jof W. i, sec. 8 569.00 All Sec. 11 640. 00 All sec. 13 640. 00 E. i; E. i of W. i, sec. 15 480. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 35 640. 00 Township 8, range 8: N. *; SW. i, sec. 1 479.00 E. J; E. ^ot W. i sec. 3 458.00 N. J; SW. i, sec. 11 480.00 E. J of E. i, sec. 15 160. 00 S. i, sec. 23 320. 00 All sec. 25 640. 00 N.isec. 35 320.00 Township 9, range 8: N. iof NW. i; SW. iof NW. i; W. i of SW. i, sec. 11 200.00 NE. i sec. 15 160. 00 S. i of NE. i; NW. i; S. J, sec. 27 - 560. 00 All sec. 35 640. 00 Total Polk County 37,017-. 79 Marion County. [South of base line and west of Willamette meridian.] Township 9, range 1: Lot 9, sec. 13 29. 00 Township 9, range 2: Lot 3, sec. 29 17. 00 Township 6, range 3: Lot 2, sec. 1 9.00 Lots 8, 9, 10, sec. 21 -. 58.00 Township 8, range 4: Lot 9, sec. 1 7. 00 [South of base line and east of Willamette meridian.] Township 6, range 1: NE. i; N. J of SE. i; SE. i of SE. i, sec. 25 280. 00 Township 7, range 1: SE. i of NW. i; W. i of SE. i, sec. 1 Lots 1, 5, 6, sec. 7 S . J sec. 11 W. i of NE. i; W. i of W. J; NE. J of SE. i, sec. 13 NE. i of NE. i; E. i of SE. i, sec. 23 Township 8, range 1: NE. } of NE. i; S. i of NE. i; NW. i; NE. J of SW. i; SE. i, sec. 1. N. iof NE. i; SW. iof NE. i; W. i; S. i of SE. }, sec. 3 Lots 1, 2, sec. 7 N. i; W. iof SW. i; NE. i of SE. |-, sec. 11 ' NE. i; NE. iof SW. i; N. J of SE. i, sec. 12 NE. i; E. i of SE. i, sec. 13 E. i of SW. i; S. i of SE. i, sec. 15 All sec. 25 SE. i of NW. i; N. i of SW. i; SW. i of SE. i, sec. 27 N. iof NE. i; NW. iof NW. i; S. i, sec. 35 Township 9, range 1: Lot 1, see. 23 Township 6, range 2: SW. i of SW. i sec. 29 E. i of NE. i; NW. i; NE. i of SW. i; NE. i of SB. J; S. i of SE. i, "^ 396.00 120. 00 36.00 320. 00 280. 00 120. 00 481.00 524. 00 17.00 440.00 280. 00 240. 00 160. 00 610. 00 160. 00 440.00 22.00 40.00 88 OREGON AND CAUFOENIA LAND GBANT. To-wiiE&ip 7, range 2: ' Acres. W. i; NW. iof SE. i; S. J of SE. J, sec. 5 440.00 SW. lof NW. i; NW. iofSW. i; SE. i of SW. i, sec. 7 118.00 SW. i of NE. i; W. i; W. i of SE. i, sec. 9 440. 00 SW. iof NW. i; W. i of SW. i, sec. 15 120.00 NE. i; S. *of NW. i, sec. 17 240. 00 SE. iofNW. i: E. iof SW. i; SE. J, sec. 19 280.00 W. i of W. i; SE. i of NW. J; SE. i, sec. 21 360. 00 SW. i of SW. i sec. 25 40.00 All sec. 27 640. 00 S. iofNE. J; NW. i; E. i of SW. i; SE. i, sec. 33 f. 480.00 All sec. 35 640. 00 Township 8, range 2: All sec. 1 636. 00 All sec. 3 636. 00 All sec. 5 645. 00 S. iofNE. i; NW. i; S. i, sec. 7 562.00 All sec. 9 630. 00 All sec . 11 640. 00 NW. i of NE. J; N. i of NW. i, sec. 13 120. 00 E. i; NW. iofNW. i; S. i of NW. i; SW. i, sec. 17 600.00 S. iofNE. i; SE. iofNW. i; S. i, sec. 19 441.00 W. i sec. 29. 320. 00 N. i; N. iofSW. i; SE. iofSW. i; SE. i, sec. 31 601.00 Township 9, range 2: , All sec. 1 642. 00 NE. i; N. iofNW. i; N. i of SE. i, sec. 3 328.00 NE. i; N. iofNW. i; S. i, sec. 5 575.00 • NW. iofNE. i; NE. iofNW. i, sec. 7 80.00 NW. i of SE. i; north 23 acres of SW. i of SE. i, sec. 9 63. 00 NE. i; S. iofNW. i; N. i of SE. i; SW. i of SE. i, sec. 11 364.00 NW. iofNE. i; S. iof NE. i; NW. i; S. i, sec. 13 600.00 S. iofNE. i; SE. iofNW. i; W. i of SW. i, sec. 15 200.00 NE. i; NE. iof NW. i; E. i of SE. i, sec. 23 280.00 E. i of NE. i; SW. i of NW. i; E. i of SW. i, sec. 25 200. 00 Township 8. range 3: E. iof NE. i; SW. iof NW. i; S. i; lots 1, 2, 3, 4, sec. 13 536.00 S. iof SE. isec.23 80.00 All sec. 25 640. 00 NE. i; E. iof NWri; S. i, sec. 27 560.00 S. iof SW. i; SE. i, sec. 29 240.00 All sec. 31 637. 00 All sec. 33 640. 00 All sec. 35 640. 00 Township 9, range 3: E. i of NE. i; NE. { of SW. i; S. i of SW. i; SE. i, sec. 1 360. 00 All sec. 7 643. 00 N. i; E. i of SW. i; NW. i of SW. i; NW. i of SE. i, sec. 9 480. 00 N. iof NW. i; NE. i; S. i of SE. i, sec. 11...: 320.00 All sec. 13 640. 00 NE. i; E. iof NW. i; S. i, sec. 15 560.00 NE. i; S. i of NW. i; N. i of SW. i; SW. i of SW. i, sec. 17 360. 00 N. i; N. iof SW. i; SE. i, sec. 21 560.00 SE. i of SW. i, sec. 23 40.00 Township 8, range 4: W. i, sec. 17 320.00 E. i; lots 1,2, 3,4, sec. 19 466.00. NW. i; S. i, sec. 29 473. 00 NW. i of NE. i; lots 1, 2, 3, 4, 5, 6, sec. 31 315. 00 Township 9, range 4: All sec. 5 642. 00 All sec. 7 614. 00 All sec. 17 : . . . . 640. 00 All sec. 19 613. 00 NW. i, sec. 29 160. 00 Total Marion County 30, 256. 00 OEBGON AND CAUFOENIA LAND GRANT. 89 Lincoln County. [South of base line and west of Willamette meridian.] Township 12, range 8: Acres. SW. i; S. i of SE. i, sec. 3 240.00 SW. i; NE. ioiSE. i; S. iof SE. i, sec. 5 280.00 NE. J; E. J of NW. i, sec. 7 240.00 N. i; E. iof SW. i; SE. J, sec. 9 560.00 S. iof NE. J; NW. i; S. i, sec. 11 560.00 All sec. 13 . . 640.00 W. Jof NE. i; W. i, sec. 15 400.00 NE-. iof NE. i; S. i of NE. }; S. i, sec. 17 440.00 N. Jof NE. J; SW. iofNE. i; W. i of SE. i, sec. 19 518.00 Allsec.21 • ■ 640.00 SE. Jof NW. i; S. J.-sfecr. 23 360.00 All sec. 25 640.00 'Allsec.27 640.00 AllBec.29 640.00 All sec. 31 639.00 Allsec.33 640.00 All sec. 35 640. 00 Township 13, range 8: • Allsec.l 678.00 Allsec.3 657.00 Allsec.5 658.00 All sec. 7 635.00 Allsec.9 640.00 All sec. 11 640. 00 AllBec.13 640.00 All sec . 15 640. 00 All sec. 17 640. 00 Township 13, range 9: E. Jof E. i, sec. 13 160.00 E. Jof E. §, sec. 25 160.00 Township 14, range 9: E. 4 of NE. i; SE. i, sec. 1 240. 00 NW. i of NE. i; NE. i of NW. }; SE,i of SW. i; S. i of SE. i, sec. 13. 200. 00 NE. i; E. iofW. i; SE. J, sec. 25 480.00 Township 15, range 9; E. i of NW. i; NE. i of SE. i, sec. 1 121. OO Total Lincoln County 15,906.00 Benton County. [South of base line and west of Willamette meridian.] Township 10, range 4: Lot 6, sec . 15 1. 14 Lotl, sec. 21 .16 Township 13, range 4: Lot 5, sec. 19 52. 40 Township 10, range 5: NW. i of NE. i; S. * of NE. i; W. J, sec. 19 440. 00 Lot 4, sec. 23 -79 NE. iof NE. i; SW. 1; N. 4 of SE. J, sec. 29 280.00 Township 11, range 5: Lotl, sec. 1 2.76 Township 13, range 5: Lots 1, 2, sec. 7 2.00 Lotl, sec. 29 -84 Township 14, range 5: Lotl, Bec..25 -26 Lotsl, 2, 3, sec. 31 5.88 Township 13, range 6: S. 4 of SW. i, sec. 5 80.00 All sec. 7 68L60 90 OBEGON AND CALIFORNIA LAND GEANT, Township 13, range 6— Continued. -*-<"«s. Lot 5, eec . 13 - 11. 34 S. iof NE. i; W. J; N. i of SE. i; SW. i of SE. i, sec. 17 520.00 N.J; SW. i; N. Jof SE. i; SW. i of SE. i, sec. 19 65L 39 S. iofK. i; SW. i; NE. + of SE. i; S. i of SE. i, sec. 21 440.00 SE . i of N W. i ; W. J of S W . i, sec . 23 , , 120. 00 N. i, sec. 25 320. 00 N. i of NE. i; NE. i of NW. i; SW. i of NW. i; NW. i of SE. i; SE. i of SE. }, sec. 27 240. 00 NE. i; S. i of NW. i; SW. J; N. i of SE. i; SW. } of SE. i, sec. 29. . . . 520. 00 All sec . 31 701. 65 NE. i of NE. i; S. i of NE. i; NW. i of NW. i; SE. i of NW. i; SE. } of SW. i; N. i of SW. i; W. i of SE. i, sec. 33 400. 00 NW. i of NE. i; S. J of NE. i; N. J of NW. i; NW. i of SW. i; E. i of SE. isec. 35 320.00 Township 14, range 6c N.i; NE. iof SE. i, sec. 3 362.66 AUsec.5 ,. 642.82 All sec. 7 638. 60 W. i sec . 9 320. 00 Lotl, sec. 11 43.35 All sec. 17 640. QO NE. i; NE. i of NW. i; S. i of NW. i; S. i, sec. 19 602. 82 All sec. 29 640. 00 AllSW. i, sec. 31 64L16 Township 15. range 6: W. Jof SW. i; SW. iof SE. i; sec. 3 , 120.00 NW. i; S. J, sec. 5 481. 31 N. J of N. J, sec. 7 Ig9. 40 N. J of NW. i, sec. 9 80.00 Township 12, range 7: S.iof S. i, sec. 7 158.87 NW. iof SW. J; S. iof SW. i; SW. i of SE. i, sec. 15 MO.OO All sec. 17 640. 00 All sec. 19 639, 62 N, J; SE. i, sec. 21 480.00 SW. i of NW. i; W. i of SW. i, sec, 23 v 120.00 All sec . 27 640. 00 NW. iofNE. i; S. JofNE. i; NW. i; S. i, sec. 29 600.00 All sec. 31 634. 78 All sec. 33 640. 00 All sec. 35 640. OO Township 13, range 7: All sec. 3 705. 64 All sec. 5 680. 38 All sec. 7 •. 645. 40 All sec. 9 640. 00 All sec. 11 640.00 All sec. la 640. OO E. J; N. i of NW. i; SW. i of NW. i; SE. i of SW. i, sec. 15 480.00 All sec. 17 640. OO All sec . 19 644. 38 W. iof NE. i; NW. i, sec. 21 240.00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 Lots 7, 8, sec. 29 L 88 W. iof NE. i; NW. i; NE. i of SW. i; NW. i of SE. i, sec. 31.... 318.49 All sec. 33 640. 00 All sec. 35 640. 00 Township 14, range 7: All sec. 1 635. 34 All sec. 3 643. 92 S. iof NE. i; W. iof SW. i; SE. i, sec. 5 320.00 Lot 4, sec . 7 34. 84 All sec. 9 663. 68 All sec. 11 640. OO OEESGON AND OAUPORNIA LAND GHANT, 91 Township 14, range 7 — Continued. Ao«s?. All sec. 13 631. 12 NE. i; E. Jof NW. i; S. i sec. 15 .'.. 560.00 All sec. 17 649. 99 All sec. 19 651. 99 All sec. 21 640. 00 All sec. 23 , 640. 00 All sec. 25 640. 00 , All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 665. 60 All sec. 33 640. 00 AH sec. 35 640. 00 Township 15, range 7: All sec. 1 596. 62 All sec. 3 609. 50 All sec. 5 575. 60 N. i of N. i, sec. 7 157. 69 N. i of N. i, sec. 9 160. 00 N. J of N. i, sec. 11 160. 00 Township 13, range 8: AH sec. 19 637. 68 All sec. 21 640. 00 All sec. 28 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec . 31 637. 19 All sec. 33 641. 80 N. i; SW. i; NW. i of SE. i, sec. 35 520.00 Township 14, range 8: N. i of NE. i; NW. i, sec. 3 244.36 N. i: SW. i; N. i of BE. i; SW. i of SE. i, sec. 5 607.68 NW. i of NE. i; S. J of NE. i; N. i of NW. i; E. J of SW. i; SE. i, sec. 7 439. 01 SE. i of SE. i, sec. 9 40. 00 E. i; S. J of SW. i, sec. 11 400.00 All sec. 15 640. 00 SE. i of NE. i; S. i of NW. i; SW. {; NE. i of SE. i; S. i of SE. i, sec. 19 394.81 All sec. 21 640.00. SW. i of NE. i; W. i; NW. i of SE. i, sec. 23 400. 00 NE. J;S. *of SW. i;E. Jof SE. i, sec. 25 320.00 All sec. 27: , 640.00 All sec. 29 640.00 N. i; NE. i of SW. i; S. J of SW. i; SE. i, sec. 31 590. 00 NE. i; E. i of NW. i; N. i of SW. i; SW. i of SW. i; NE. J of SE. i, sec. 33 400.50 NW. i of NE. i; S. J of NE. i; NW. i; S. i, sec. 35 603. 66 Township 15, range 8: All sec. 1 774. 06 Lotsl, 8, 4, 5, 6,8,9, 10, 11, 12; S. i, sec. 3 659.00 N. * of N. i; SW. J of NE. i; SW. i of NW. J; S. i of SE. i, sec. 5. . . . 352. 00 NE. i of NE. i, sec. 7 40.00 N. i of N. i, sec. 9 16.0. 00 N. i of N. I, sec. 11 160. 00 Total Benton County 53,626.99 Linn County. [South of base line and east of Willamette meridian.] Township 9, range 1: Lot 4, sec. 17 16.00 Township 10, range 1 : NE. i;NE. iofNW. i;lot8 2, 5, sec. 1 227.00 N. i of N. i; SW. i of NE. i; N. i of SW. i; SE. i of SW. i; SE. i, sic. 19.. 478.00 92 OREGON AND CALIFORNIA IjAND GRANT. Acres. TowBship 10, ranee 1 — Continued. SW.lBec.21. 160.00 S. i of N. i; S. i, sec. 23 480. 00 NW. i of NE. i; S. i of NE. J; NW. i; S. i, sec. 25 600. 00 NW. i of NE. i; S. i of NE. i; NW. i; S. i, sec. 27 600. 00 W. iof NE.-iiNW. i;S.i, sec. 29 - 560.00 N . J of N. i; lot 2, sec. 31 ■ 198. 00 All sec. 33 640 00 All sec. 35 640.00 Township 11, range 1: All sec. 1 641. 00 Lotel, 2, 3,4; S. i of NE. i; SE. i of NW. i; S. J, sec. 3 601.00 N. iof NE. i; NE. iof SW. i, sec. 5 120.00 W. J, sec. 9 320.00 All sec. 15 640. 00 NE.i; S.iofNW.i; S. i, sec. 17 560.00 N. i of N. i, sec. 21 160. 00 N. i; N. iof S. i; SE. i of SE. i, sec. 23 520.00 E. i; E. * of W. i; NW. i of SW. i, sec. 27 520. 00 SE. iof SW. i; NE. iof SE. i; S. i of SE. J, sec. 29 160.00 Lot 3, sec . 31 4. 00 All sec. 33 640. 00 All sec . 35 640. 00 Township 12, range 1 : ■ '■. W. iofNW. i; SW. i, sec. 1 '239.00 N. i; SW. J; NW. i of SE. i; S. i of SE. i, sec. 3 596.00 All sec . 5 643. 00 N. i of N. i, sec. 9 160 00 All sec. 11 640 00 All sec. 13 640 00 All sec. 15 640 00 All sec. 21 640 00 NE. i; S. i of NW. i; S. i, sec. 23 560. 00 All sec. 25 640. 00 All sec. 27 ; 640. 0>i Township 14, range 1: E. i of SE. i, sec. 29 80 00 N. iof SE. \, sec. 33 80.00 All sec . 35 640. 00 Township 15, range 1: N. i; SW. iof SW. i; NE. } of SE. J, sec. 1 409.00 Township 9, range 2: SW. iof SW. i, sec. 25 40.00 Lot 1, sec. 27 4. 00 NW. iof SW. i; S. iof S. i, sec. 29 200.00 S, iof NW. i; S. i sec. 31 409.00 NW. iofNE. i; S. iof NE. i; E. i of W. i; SE. i, sec. 35 440.00 Township 10, range 2: NW. i; S. J, sec. 1 479.00 N.i; NW. iof SW. i; E. i SE. i, sec. 5 440 00 NE. i, sec. 7 . 16000 E. i; NE. iof NW. i; S. i of NW. i, sec. 9 445.00 E. iofNE. i; SW. iof NW. i; S. i, sec. 11 440 00 E. i, sec. 13 320.00 SE. iof NE. i; W. iof NW. i; S. i, sec, 15 440.00 S. iof N. i; N. iof SE. i, sec. 17 240.00 W. i, sec. 19 348.00 N. i of NW. i, sec. 21 .-. 80. 00 NE. i; S. iof NW. i; S. i, sec. 23 560 00 NE. i, sec. 25 .• 160.00 All sec. 31 658. 00 SW. i of SW. i, sec. 33 40.00 Township 11, range 2: S. i, sec. 3 320.00 All sec. 5 935. 00 E. i, sec. 7 320.00 All sec. 9 640. 00 SE. i, sec. 13.-. 160.00 OBEGtON AND CALIFORNIA LAND QEANT. 93 Township 12, range 2: S. J, sec. 1 SE. i, sec. 3 All sec. 11 All sec. 13 , All sec. 15 E. i; S. i of SW. i, sec. 21 All sec. 23 All sec. 27 All sec. 29 Township 14, range 2: All sec. 35 Township 15, range 2: Lots 3, 4; SB. i of SW. i; SW. i of SE. J, sec. 19 Township 10, range 3: SW. i of SW. i; SE. }, sec. 1 SE. iofNW. i;S.iof SE. }, sec. 3 SW. i of NE. i; S. i of NW. i; NE. i of SW. i; S. J of SW, i; lot 4, sec. 5 N. i of N. i, sec. 7 N. i of N. i, sec. 11 S. J of NW. i; NE. i of SW. J; SW. J of SW. }; SE. i of SE. i, sec. 19. Township 11, range 3: S. i, sec. 1 All sec. 7 All sec. 9 NE. i;NE. Jof NW. i;S. iofNW. i;S. i, sec. 11 All sec. 13 All sec. 15. : All sec. 17 All sec. 19 '■ All sec. 21 All sec. 23 All sec. 25 All sec. 27 ; All sec. 29 All sec. 33 , N. i; N. i of SE. i; SE. i of SE. }, sec. 35 Township 12, range 3: NW. i, sec. 1 All sec. 3 All sec. 5 All sec. 7 -. All sec. 9 W. i of E. i W. i; sec. 11 -. All sec. 15 All sec. 17 All sec. 19 All sec. 21 ,--... W. i of NW. i, sec. 27 . E. i; SE.. J of NW. i; NE. i of SW. i; S. i of SW. i,, ?ec. 29 N. i of NE. i, sec. 31 NW. i, sec. 33 Township 14, range 3: Lots 1, 2, 3, 4; E. Jof W. i, sec. 31 Township 9, range 4: S. i of NW. i; N: i of SW. i; SE. J, sec. 31 Township 10, range 4 : NE. Jof NW. i; S. iof NW. J; W. i of SE.-J, sec. 17. E. jof E. i, sec. 19 W. ioi'E.i; W. i, sec. 29 [South of base line and west of Willamette meridian.] Township 9, range 1: NW. i of NE. }; lot 6, sec. 21 , Township 10, range 1 : . NW. i of SE . i; W. i of SW. J, sec. 13 - - - ■ - NE. iof SW. I, sec. 23 N. *of SW. i; SE. iof SW. i; SE. i, sec. 25 Acres. 320. 00 160. 00 640. 00 640. 00 640. 00 400. 00 640. 00 640. 00 640. 00 640. 00 156. 00 200. 00 120. 00 277. 00 163. 00 160. 00 202. 00 320. 00 539. 00 640. 00 600. 00 640. 00 640. 00 640. 00 543. 00 640. 00 640. 00 640. 00 640. 00 640. 00 691. 00 440. 00 160. 00 637. 00 628. 00 630. 00 640. OQ 480. 00 640. 00 640. 00 632. 00 640. 00 80.00 480. 00 80.00 160. 00 310. 00 306. 00 200. 00 160.00 480. 00 79.01 120. 00 40.00 280. 00 94 OEEGON AND CALIFORNIA L-AND GRANT. Township 14, range 1: Acres. S. * of S. J, sec. 25 160.00 S. i of S. i, sec. 27 -. 160. 00 All sec. 31 640. 00 S. i of NE. i; W. i of SW. J; NE. } of SE. i; SW. i of SE. i, sec. 33. 240. 00 All sec . 35 640. 00 Township 15, range 1: All that part situated in Linn County, sec, 1 601. 00 NE. iof NEi; S. Jof NE.J; SW. i of NW. J; S. i, sec. 3 482.00 E. i; N. Jof NW. }; SW. J of SW. i, sec. 5 441.00 All that part situated in Linn County, sec. 7 160. 00 N . i, sec. 9 S20. 00 All that part of NW. } of NW. J situated in Linn County, sec. 11 15. 00 Township 13, range 2: NE. i of NW. i, sec. 19 40. 00 NW. i of NE. i, sec. 21 4i0. 00 Township 14, range 2: Lots 4, 5, 6, 7, sec. 13 >5. 00 Lotsl, 2, 3, 4, 5, sec. 15 103.00 NW. iof SE. i, sec. 21 40.00 N. iof NE. }; SW. iof NE. }; SE. J, sec. 25 280.00 N. iof NE. }, sec. 29 80.00 E. i of SE. i, sec. 33 a).O0 S. i, sec. 85 320. 00 Towndiip 15, range 2: All sec. 1 642. 00 E. i, sec. 3 320.00 SW. Jof NW. J; SW. J; NE. Jof SE. J; S. i of SE. i, sec. 9....... 320.00 All sec. 11 640. 00 All see. 13 640. 00 All sec . 15 640. 00 NE. iof NE. J, sec. 17 40.00 NE. 1; S. i, sec. 21 , 480.00 All sec. 27 640. 00 All sec . 29 640. 00 NE. iof NE.i; S. Jof NE.i; NW. J; S. i, sec. 31 621.00 All sec . 33 640. 00 Townriiip 16, range 2: All sec. 5 638. 00 Township 14, range 3: Lots 3, 4, sec. 3 48.00 Township 16, range 3: E. J; SE. i of NW. i, sec. 1 36L00 Township 15, range 4: SW. i of SW. i, sec. 35 «).00 Township 12, range 5: ^ Lot 3 , sec. 1 .23 Township 14, range 5: Lot 1, sec. 23 10.00 Total Linn Comity : 61, 966. 23 Lane County. [South of base line and east of Willamette meridian.] Township 16, range 1: SW. i of SW. i (or lot 4), sec. 7 40.00 SE. iof SW. i; SE. i, sec. 13 200.00 W. i of NE. i; NW. i of SE. i; SE. i of SE. i, sec. 17 160. 00 SW. J; SW. iof SE. i, sec. 21 200.00 E. iofNE. i; S. iofSW. i; SE. i, sec. 23 320.00 All sec. 25 640. 00 NW. i of NE. i; N. i of NW. i, sec. 29 120. 00 W. i of NW. i, sec. 31 76.00 All sec. 33 640. 00 All sec. 35 640. 00 OREGON AND CAUPOENIA I>A.ND GRANT. 95 Township 17, range 1: Acres. NW. i, sec. 3 159. 00 NW. iof NE. i; lotsl, 2, sec. 9 114.00 NE. J, sec. 13 160. 00 SE. i of SW. J, «ec. 15 40.00 Lots 10, 11; W. i of SE. }, sec. 19 161.00 NW. i of NE. i; NE. J of NW. i, sec. 21 80. 00 Township 18, range 1: All sec. 7 634. 00 S. Jof S. i, sec. 13 160.00 N. 4 of NE. i; SW. J of NE. i; NW. i; N. J of SW. i; SE. i, sec. 19. 522. 00 NE. i; S. i, sec. 21 480. 00 All sec. 23 640. 00 N. J; SE. i, sec. 25 480. 00 N.i; SW. i; N.Jof SE. i; SW. i of SE. i, sec. 29 600.00 S. i of NE. i; NW. i; N. i of S. i, sec. 31 400. 00 Township 19, range 1: All sec. 1. 639. 00 All sec. 3 '642. 00 All sec. 11 640. 00 All sec. 13 -640. 00 ' Township 20, range 1: S. J of NE. i; SE. i of NW. i; E. J of SW. i; lots 1, 2, 3, 4; SE. i, " sec. 7 ,. 436. 00 SW. J of NE. i; W. i; NW. | of SE. i; S. i of SE. i, sec. 17 4S0. 00 All sec. 19 552. 00 NW. iof NE. i; S.iofNE. }; NW. }; S. i, sec. 21 600.00 SW. i of SW. J, sec. 23 40.00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 616. 00 All sec. 33 670. 00 NW. i, sec. 35 160.00 Township 22, range 1: All sec . 5 640. 00 All sec. 7 579. 00 NW. isec. 9 160.00 N. i; SW. i, sec. 17 480. 00 All sec. 19 ^ 578. 00 Township 16, range 2: SW. J; S. iof SE. i, sec.l5 240.00 SW. i of NE. i; NW. i; S. i, sec. 17 520. 00 S. i of NE. i; NW. i; S. i, sec. 19 559. 00 N. iofNE. i; SW. iofNE. i; W. i; NW. i of SE. i, sec. 21 480.00 Lots 2 to 10, inclusive, 12, 13, sec. 23 428. 00 NE. i; E. Jof NW. i; S. J, sec. 25 560.00 S. i of SE. J, sec. 27 80.00 W. iof NE. i; NW. i; NW. i of SW. J; lot 1, sec. 29 315.00 NW. Jof NE. i; S. iof N. i; S. i, sec.33 520.00 Lot5, sec. 35 27.00 Township 17, range 2: All sec. 1 643. 00 All sec. 3 644. 00 All sec. 5 636. 00 NE. i; NE. JofNW. i, sec. 7 200.00 N. i of NW. J, sec. 9 80. 00 All sec. 11 640. 00 Township 15, range 3: SW. isec. 33 160.00 Township 16, range 3: Lots 1, 2, 3, 4, 5, 6; NE. i; E. i of NW. i, sec. 31 429.00 Township 17, range 3: W. iof NW. i; NE. i of SW. i; lots 1, 2, sec. 3 181. 00 S. i of NW. i; lots 1, 4, 5; S. i, sec. 5 507. 00 All sec. 7 642.00 SW. i of NE. i; S. i of NW. i; S. i; lots 3, 4, 5, sec. 9 517. 00 All sec. 17 640.00 96 OREGON AND CALIFORNIA LAND GRANT. [South of base line and west of Willamette meridian.] Township 15, range 1: Acres. All that part situated in Lane County, sec. 1 40. 00 All that part situated in Lane County, sec. 7 . 497. 00 N. Jof SW. i; SE. i, sec.9 240.00 SW. }, and that part of NW. i of NW. i situated in Lane County, sec . 11 185. 00 N. i; N. i of SW. i; NW. i of SE. i, sec. 13 , . . . 440. 00 NE. }; N. iof NW. i; S. i, sec. 15 560.00 All sec . 17 640. 00 All sec. 19 660. 00 NW. i of NW. i; S. i of NW. i; N. J of SW. }; SE. i of SW. i; S. J of SE. i, sec . 21 320. 00 NW. i of NE. i; NW. i, sec. 23 200. 00 SE. iof SW. i; NE. iof SE. i; S. i of SE. i, sec. 27 160.00 All sec. 29 640. 00 All sec. 31 653. 00 Township 16, range 1: All sec. 3 643. 00 NW. i of NW. i; lots 7, 8, sec. 5 39. 00 N. i; N. i of SW. i, sec. 9 400. 00 NW. i; SW. iof SW. i; SE. i of SE. i, sec. 11 240.00 S. i of SW. i, sec. 13 80.00 S. i of NE. i; NW. i of NW. i; S. i of NW. {; N. i of S. J; SE. i of SE. i, sec. 15 400. 00 Lots3and4; N. J of SE. i; SW. i of SE. i, sec. 17 181.00 Lots5, 6, 7, and8; NE. i of SE. i; S. i of SE. J, sec. 19 241.00 S. iof S. i, sec. 25 160.00 S. i of S. i, sec. 27 160.00 All sec. 29 640. 00 N. i of NE. i; SE. i of NE. }; NW. i; NW. i of SW. }; S. i of SW. i; NE. iof SE. i; S. J of SE. i, sec. 31 566.00 E. J; SE. i of NW. i; N. J of SW. i; SW. i of SW. i, sec. 33 480. 00 All sec. 35 640. 00 Township 17, range 1: E. J, sec. 1 320.00 N. i; N. iof SW. i; SE. i of SW. i; SE. J, sec. 3 602.00 N. Jof N.i; SW.iof NW.i; lota 1, 2, 3, 4, and 5, sec. 5.... 345.00 W. i o^NE. i; NW. i; lots 1, 2, 4, and 5, sec. 7 339. 00 E. i; lots 1, 2, 3, 4, and 5; E. J of SW. i, sec. 9 487.00 SW. i of NE. i; NW. i of NW. J; S. J of NW. ir S. i, sec. 11 480. 00 N.i; SW. i; N. i of SE. }, sec. 15 560.00 SE. iotNE. i; S. i; lot 1, sec. 17 399.00 NW. i of NE. i, sec. 19 40. 00 NW. i of NW. i, sec. 21 40. 00 NW. i of SW. i; lota 3 and 4, sec. 25 110. 00 S. i of SW. i; SW. i of SE. J, sec. 31 126. 00 S. iof N.i; S. i, sec. 35 521.00 Township 18, range 1: All sec. 1 682.00 N. i of NE. i; SW. i of NE. i; NW. i; S. i of SW. i; SE. i of SE. }, sec. 3 454 00 N.i; N. iof S. i; SW. i of SW. i; SE. i of SE. i, sec. 5 627.00 NE. i; E. i of NW. J; NW. i of SW. i; NW. i of SE. i; SE. i of SE. i, sec. 7 361. 00 N. i of NE. i; SW. i of NE. J; E. i of NW. i; S. i, sec. 9 520. 00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 1 5 640. 00 N. i; E. i of SW. i; N. i of SE. i; SE. i of SE. i, sec. 17 520. 00 NE. i of SE. i, sec. 19 40.00 NE. i; N. iof NW. i; SE. i of NW. i, sec. 21 280.00 All sec. 23 640. 00 SE. i of SE. i, sec. 25 40. 00 OREGON AND CALIFORNIA LAND GRANT. 97 Township 19, range 1: ' Acres. S. i of NE. J-; -NW. i; S. J, sec. 31 567. 00 S. i of SW. I, sec. 33 80. 00 SW. i; S. i of SE. i, sec. 35 240. 00 Township 20, range 1: NW. i of NE. i; S. i of NE. i; NW. i; S. i, sec. 1 600. 00 NE. i; NE. i of NW. i; NE. i of SE. J, sec. 3 242. 00 All sec. 5 618. 00 All sec. 7 768. 00 SE.iof NE. i;.SE. iof NW. i; S. i, sec. 9 400.00 NE. i; S. i, sec. 11 480. 00 All sec. 13 640.00 All sec. 15 640. 00 All sec . 17 640. 00 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640, 00 Lots 7 to 12, inclusive; NW. i of SE. i; S. J of SE. i, sec. 31 35^. 00 N. i, sec. 35 320. 00 Township 21, range 1: Lots 2 to 7, inclusive, 11, 12, 13, 14, sec. 5 348. 00 Lots 1 to 10, inclusive, 15, 16, sec. 7 470. 00 W. i of SW. i, sec. 9 80.00 Lota 1, 7, 9, 13, sec. 17 156.00 NE. iof NE. i; E. i of SE. i; lot 6, sec. 19 151.00 Lots 3, 4, 6, 7, 8, 10, 11, 12, sec. 29 314. 00 SW. i of NE. i; NW. i; S. i, sec. 31 520. 00 N. iof NE.i; NW. i; SE. i of SE. i, sec.33 280.00 N. i of NE. i; SW. i of NE. i; NW. i; S. i of SW. i; SE. \, sec. 35. 520. 00 Township 22, range 1: Lot 4, sec. 1 47,00 NE. i of NW. i; W. i of W. i; SE. J of SW. i; N. i of SE. i, sec. 5. . 320. 00 Lots 1, 17, sec . 7 55. 00 NE. i; NE. i of NW. i; N. i of SE. i; SW. i of SE. J, sec. 9 320. 00 S. * of NW. i, sec. 13 80.00 W. *of NE. i; SE. i; lots 1, 2,3,4, 6, 7, 8, 10, 11, sec. 15 603.00 NW. iofNE. i; SE. iofNE. i; SW. iof SE.J; lots 1, 4, sec. 17... 201.00 SE. i of SE. i, sec. 19 40. 00 Lotsl, 2, 7, 8, 9, 10, 11, sec. 21 241.00 W. * of NE. i; NW. i; S. i, sec. 23 560. 00 All sec. 25 640.00 E.iofNE.i; SW.iofSW.i; N. JofSE.i; SW. iof SE. i, sec. 27. 240.00 S. i of SW. i, sec. 29 80.00 E.i; lotsl, 2, 3,4,5, 7, 8, 9, 10, 11, 20, sec. 31 740.00 SE. i of SE. i, sec. 33 40. 00 NW. iofNW. i; N. Jof SW. i; SE. iof SW. i; SE.i,sec.35 320.00 Township 23, range 1: N. i; SE. i, sec. 1 •- 492.00 S. * of NW. i; N. i of SW. i; SE. i of SW. i; NW. i of SE. h sec. 3. 240. 00 S. iofNE. i; SE. iof NW. i; S. i, sec. 5 440.00 NE.i: E. iofSE. i; lots 1, 2, 3, 4, 6, 9, 10, 11, 12, 15, 16, sec. 7.. .. 635.00 Allslc.9. 640.00 S. i of SW. i; E. i of SE. i, sec. 11 160. 00 Allsec.l3.. .... 640.00 All sec. 17 640.00 Lots 3, 4, 5, 6, 7, 8, 9, 14, 15, 16,17, 19, 20, sec. 19 463.00 All sec. 21 640. 00 All sec. 23 640.00 All sec. 25 640.00 All sec. 27 640.00 All sec. 29 640.00 Allsec.31 - 1,065.00 All sec. 33 640.00 ' N. i; SE. i, sec. 35 480. CO 47197—12 7 98 OREGON AND CALIFORNIA LAND GRANT. Township 24, range 1: ^^'^■ LDtsl,2, 3, 4; SW. i of NW. J, sec. 1 198.00 N. 4; SW. i; NW. i of SE. i, sec. 5 518. 00 NE.i, sec. 7 160.00 .Township 15, range 2: All sec. 23 640. 00 All sec. 25 640. 00 N.J; N. J of SE. i, sec. 35 400.00 Township 16, range 2: All sec. 7 659. 00 Ail sec . 17 640. 00 All sec. 19 659. 00 AU sec. 21 640. 00 NW. iof SW. }, sec. 23 40.00 E.Jof NE. J; lots 5, 6; SE. i, sec. 25 268.00 NW. i, sec. 27 160. 00 S. i of NE. i; NW. i; S. J, sec. 29 560. 00 All sec. 31 , 655. 00 W. i; lotBl, 2, 3-, sec- 33 367.00 Township 17, range 2: N. i of N. *, sec. 5 171. 00 NW.iofNE.i; S.iofNE.i; W.J; N.JofSE.J; lota 1, 2, 3, sec.?. 618.00 Lots 1, 2, 3, 5, 9; NW. i of NW. J; NW. i of SW. i, sec. 13 216. 00 NE. i; S. Jof NW. i; lots 1, 2, sec. 15 316.00 NE. iof NE. i, sec. 23 40.00 Township 18, range 2: N.J of N.J; SW. J of NW. i, sec. 1 .• 271.00 Lot 9, sec . 15 20. 00 Township 19, range 2: S. J of SW. i ; SW. i of SE . J, sec . 15 120. 00 S. J of SE. i; lot 4, sec. 19 100.00 SE. iof NE. i; lots 3, 4, sec. 21 67.00 SW. iofNE. i; SE. iofNW. }; S. J, sec. 23 400.00 W.J of E.J; W.J; SE. i of SE. i, sec. 25 520.00. N. J of NE. i; SE. i of NE. i; N. J of NW. i; NE. i of SE. i; S. J of SE. i, sec. 27 320. 00 S. J of NE. i; SE. i of NW. }; NE. i of SW. i; S. J of SW. J; SE. i, sec. 29 400. 00 E. Jof NE. i; W. Jof SW. J; NE. J of SE. J, sec. 31 205.00 AU sec. 33 640. 00 All sec. 35 640. 00 Township 20, range 2: All sec. 1 592. 00 S. J of NE. i; SE. i of NW. J; E. J of SW. i; SE. i; lots 1, 2, 3, 4, 5, sec. 3 526. 00 N. Jof NE. }; SE. J of NE. 1, sec. 11 120.00 All sec. 13 628. 00 S. Jof NE. i; SE. iof NW. i; E. J of SW. i; SE. J, sec. 15 360.00 NW. iofNE. i; S. Jof NE. i; NW. J; S. J, sec. 19 608.00 S. Jof N.J; W. Jof SW. J; E. J of SE. }, sec. 21 320.00 NE. i; N. JofNW. J; SW. iof NW. J; S. J, sec. 23 600.00 W. J, sec. 25 320. 00 NW. i of NE. i; SE. J of NE. i; NW. i; NW. i of SW. i; E. J of SE. i, sec. 27 360.00 N.J; N. Jof S. J, sec. 29 480.00 Lots 6, 7,9; W. J of SE. J; E. J of SW. J, sec. 31 193.00 NE. i of NE. i, sec. 33 40.00 N.J; N. Jof SW. }; SE. i of SW. i; SE. i, sec. 35 600.00 Township 21, range 2: N. J; N. J of SW. i; SE. i of SW. i; NE. J of SE. i; S. J of SE. J, sec. 1 56i. 00 SW, i of SW. J, sec. 3 40.00 Lots 1, 2, 3; SE. iof SW. 1; NW. i of SE. i; S. J of SE. i, sec. 5. . . 211. 00 SW. i of NW. iiE. J of SW. i; S. J of SE. J, sec. 7. 202. 00 N.J; N. JofSW. i; SE. } of SW. J; SE. i, sec. 9 600.00 E. J of NE. i; lot 1, sec. 13 103 00 All sec . 15 640. 00 OREGON AND CAHFORNIA LAND GIUNT. ' 99 Township 21, range 2 — Continued. Acres. NE. i; E. i of NW. i; NW. J of NW. i; N. i of S. i; SW. i of SW. i, sec. 17 " 480. 00 SE. i of SE. i, aec. 19 40. 00 All sec. 21 640. 00 NW. i of SE. i, sec. 23 40.00 All sec. 25 640. 00 All sec. 27. 651. 00 N.i; SW. i; W. i of SE. J, sec. 29 576.00 All sec. 33 640. 00 All sec. 35 640. 00 Township 22, range 2: All sec . 1 856. 00 SE. i; lots 1 to 11, inclusive, sec. 3 631.00 Lotal, 2, 4, 8, sec. 5 166.00 SE. Jof NE. J; NE.iof NW. i; NE. i of SE. i, sec. 7 120. QO W. iof SE. i; SE. iof.SE. i, sec.9 120.00 NE. J; N. i of NW. J; S. i of SW. i; NW. i of SE. i, sec. 11. ..... . 360. 00 SW. i of NE. i; SW. i of NW. i; SW. i of SW. i; NW. i of SE. i; S. i of SE. i, sec. 15 240. 00 W. i of NE. i; NE. I of NW. i; SE. J of SW. i; NE. J of SE. J; S. i of SE. i, sec. 21 280. 00 N. i of NW. i; SW. J of NW. i, sec. 23 ' 120. 00 S. i of S. i, sec. 29 160.00 All sec. 31 641. 00 All sec. 33 640. 00 S.iof SW. i; SE. i, sec. 35 240.00 Township 23, range 2: S. i of NW. i; SW. i; NW. J of SE. i; S. i of SE. i; lots 2, 3, 4, sec. 1. 388. 00 All sec. 3.. 520. 00 All sec. 5 525. 00 All sec . 7 541. 00 All sec . 9 640. 00 All sec. 11 040. 00 NE. i of NW. i; W. i of W. i; SE. i of SW. i; SE. i, sec. 13 400. 00 All sic. 15.... 640.00 All sec. 17 ■- 640.00 All sec. 19 545. 00 All sec. 21 -. - 640.00 All sec. 23 640. 00 W. Jof NW. i, sec.25 80.00 Alllec.27 640.00 All sec. 29 640. 00 N. *, sec. 33 320. 00 N. I, sec. 35 320. 00 Township 16, range 3: Lots 3, 4, 5, sec. 9 i2. 00 N.i; N.^of S. i; SW. i of SW. i; SE. J of SE. J, sec. 13 560.00 Township 17, range 3; E. J of SE. ifsec. 1 80.00 Lot 4, sec. 5 18.00 W. Jof NW. i, sec. 11 80.00 NE. iofNE.i,.sec. 13 40.00 Township 19, range 3: W. i; SW. i of SE._i, sec. 19 376, 00 , Lot 3, sec. 35 3.00 Township 20, range 3: „„ „„ ■E. iof NE. i; NW. iof NW. i; E. i of SE. i, sec. 1 199.00 NW. iof NE.i; NW. i; W. ^ of SW. i, sec. 7 -•--.. 292.00 SW. J of SW. i, sec. 9 40.00 Lot 4, sec. 13 N.i; N.iof SE. i; E. J of SW. i, sec. 17 Lot 1, sec. 19 SW. JofNW. i; S. 4 of SW. i, sec. 31 117.00 Township 21, range 3: „,, „„ W. i of NE. i; SE. i of NE. i; N-E. i of SE. {; S. i of SE. i, sec. 3. . 241. 00 Lot 1, sec. 9 = .... 39.00 480. 00 12.00 20.00 100 OREGOK AND CALIFORNIA LAND GBANX. Township 21, range 3— Continued. ^"^^• S. iof NW. i; W. iof SW. J; S. J of SE. J, sec. 11 240.00 SW. i of NE. i; NE. i of NW. i; S. i of NW. i; W. J of SW. i; NW. Jof SE.i, sec.13 - 280.00 NE.i; E. Jof NW. i; E. i of SE. i, sec. 15 320.00 Lot 5; S. i, sec. 17 343.00 E.J; E. J of W. J, sec. 19 480.00 N.J; NE. iof SW. J; S. J of SW. i; SE. i, sec. 23 600.00 All sec. 25 640.00 E. J; NE. J of NW. i; S. J of NW. i; N. J of SW. i; SE. i of SW. i, sec. 27 .■ 560. 00 SW. iof NE.i; NW. i; N. J of SW. i; lot, 2, sec. 29 298.00 All sec. 31 654. 00 Lot 1, sec. 33 19. 00 All sec. 35 640. 00 Township 22, range 3: W. J, sec. 1 333.00 All sec . 3 641. 00 NE.i; N. Jof NW. i; S. J, sec. 7 576.00 All sec. 9 640. 00 All sec . 11 640. 00 All sec. 15 « 640. 00 NW. i of SE. i; SE. i of SE. i, sec. 17 80. 00 Lot 2; W. J, sec. 19 383.00 All sec . 21 640. 00 All sec. 23 640. 00 NW. i; S. J, sec. 25 417. 00 All sec. 27 640. 00 S. Jof NE.i; N. Jof SB.i, sec. 29 160.00 SW. i of NE. i; W. J; NW. i of SE. i; S. J of SE. i, sec. 31 502. 00 All sec . 33 649. 00 All sec. 35 650. 00 Township 23, range 3: All sec. 1 645. 00 NE.i; NE.iof NW. i; NW. i of SW. i, sec. 3 240.00 W. Jof NW. i; NW. iof SW. i; S. J of SW. i, sec. 5 199.00 W. Jof NE.i; NW. i; N. J of S. J, sec. 9 403.00 SE.iof SW. i; lots 6, 7, sec. 11 122.00 All sec . 13 640. 00 All sec. 15 640. 00 SE. i of NE. i; W. J of NW. i; SW. i, sec. 17 280. 00 All sec. 23 640. 00 Township 18, range 4: Lot 5, sec. 19 20. 00 NE. i of SW. i; S. J of SW. i, sec. 27 120. 00 E. J of NE. i; SW. i of NW. i, sec. 33 120. 00 E. Jof NE. i, sec. 35 80.00 Township 19, range 4: NE. i of NE. i; SE. i of NW. i; SW. i; SW. i of SE. i, sec. 3.. .. 282.00 S. Jof NE. i; N. Jof SE. i, sec. 5 160.00 S. J of NE.i; NE.iof SW.i; S. J of SW. i; SE. i, sec. 7 362.00 E. J of NE.i; W.J; NE. iof SE.i; S. J of SE. i, sec. 9 520.00 NW. i of NW. i, sec. 11 40. 00 SE.iof SW.i; S. J of SE. i, sec. 13 120.00 NW. iof SW.i; S. Jof SW.i; SW. i of SE. i, sec. 15 160.00 E. J of E. J; W. J of NW. i; SE. i of SW. i; SW. i of SE. i, sec. 17 320. 00 SE. i of NE. i ; SE . i, sec. 19 200. 00 All sec. 21 640. 00 NE.i of NE.i; SW. iof NE. i;SE. iof NW. i;N. Jof SE. i, sec. 23 200.00 NW. i; S. J, sec. 25 480.00 S. Jof NE. i; NW. i; S. J, sec. 27 560.00 E.J; N. Jof NW. i; NE. i of SW. i; S. J of SW. i, sec. 29 520.00 NE.iof NE.i; NW. i of SW. i, sec. 31 8L0O All sec. 33 640. 00 NW. i, sec. 35 160. 00 Township 20, range 4: W. J of E. J; SE. i of NE. i; W. J; NE. i of SE. i, sec. 1 558. 00 All sec. 3 637. 00 OKEGON AND OALIFOBNIA LAND GRANT. 101 Township 20, range 4 — Continued. Acres. N.iofNE.i;SW.iofNE.i;N.iofSE.};SW.iofSE.i,sec. 5 238 00 Lots 1, 2, 3, sec. 7 11. 00 NE. i; S. iof NW. i; SW. i; W. i of SE. i, sec. 9 480.00 NE. JiN.iof NW. i, sec. 11 240.00 SE.JofNE.iiN.iofNW.i; SE.iofNW.i; N.iofSW.}; SW. i of SW. i;NE. iof SE. i, sec. 15 320.00 S. iofN.i; E. J of SW. i; SE. i, sec. 17 400.00 NE. }; E. i of W. i; N. i of SE. i; lot 2, sec. 19 425. 00 N. i; SW. i; NE. J of SE. i, sec. 21 520. 00 W. J of NW. i, sec. 23 80. 00 NW. i; N.iof SW. i; NE. i of SE. J, sec. 27 280.00 N. i; SW. i, sec. 29 480. 00 SW. i of NW. i; SW. i; lot 2, sec. 31 229. 00 NE. J; W. i of NW. i; SW. i of SW. i; SE. i of SE. J, sec. 33. . . . 320. 00 SE. Jof NE. i; S. iof SW. i; SE. i, sec. 35 280.00 Township 21, range 4: N. iof NE. i; NW. i of NW. i, sec. 1 120.00 N. i; N. i of SW. i, sec. 3 365. 00 NE. J; N. i of NW. J, sec. 5 236. 00 W. JofNE. J; NW. i; S. i, sec. 23 560.00 All sec. 25 640. 00 E. i; E. i of SW. i, sec. 35 400. 00 Township 22, range 4: NW. J of NW. J; S. J of NW. i; SW. i of NE. i; S. i, sec. 1 480. 00 E. i; E. i of W. i, sec. 11 480. 00 NE. J; N. iof NW. i; SW. i of NW. i; S. i, sec. 13 600.00 SE. J; W. iof NE. i, sec. 23 240.00 N. i; SE. i, sec. 25 480. 00 Township 23, range 4: NE. i, sec. 1 160. 00 SE. i of SE. i, sec. 13 40. 00 Township 16, range 5: NW. J; W. i of SW. i, sec. 7 268. 00 Lots 4, 5, 6, sec. 27 12. 00 SW. i of NW. i; lot 8, sec. 29 65. 00 NE. Jof SW. i, sec. 31 40.00 Lot 2, sec. 33 13. 00 Township 17, range 5: Lots 2, 3, sec. 27 1. 00 Township 18, range 5: SW. i of SE. J, sec. 7 40.00 Lot 4, sec. 13 ll'. 00 NW. i of NW. i, sec. 15 40. 00 SW. i of SE. J, sec. 17 40.00 SW. JofNW. J; W. i of SW. }, sec. 23 120.00 SW. i of NW. i, sec. 25 40. 00 NE. J of SE. J, sec. 27 40. 00 SW. J of NW. i, sec. 29 40. 00 E. i of NE. i, see. 33 80. 00 NE. Jof SE. i; S.iof SE. i; lota 4, 5, 6, sec. 35 180.00 Township 19, range 5: N.iofNE. i; W. i; W. i of SE. J, sec. 1 4810^) All sec. 5 630. 00 All sec. 7 641. 00 NW. i of NE. i; NE. i of NW. i; W. i of W. i; SE. } of SW. i; S. i of SB. i, sec. 9 360.00 N. iof NE. i; SE. Jof NE. i; N. i of SE. J, sec. 11 200.00 Lot 7, sec. 13. 2.00 W. i of W. i; SE. i of SW. J; SW. i of SE. J, sec. 15 240. 00 N. i; SW. i; N. i of SE. J; SW. i of SE. J, sec. 17 .• 600.00 All sec. 19 640. 00 N. i; SW. i; W. i of SE. i, sec. 21 560. 00 SW.-JofNW.i; SW. J; W. i of SE. i, sec. 27 280.00 All sec. 29 640. 00 All sec. 31 645. 00 All sec. 33 640. 00 102 OEEGON AND CALIFORNIA LAND GBANT. Township 20, range 5: ■*^'^^- AUsec. 3... «35.0O •AH sec. 5 ._, ------ 644. 00 B. *; N.*of NW. i; SE. J of NW. i; S. * of SW. }, sec. 7 525.00 AH sec. 9 ....:.... 640.00 W. i: lots 2, 3,4, 5, sec. 11 - 412.00 ■ Lotsl,6;W.JofNE.i;NW.i;N.iofSW.i;SW.iofSW.i,8ec. 15. 419.00 NE. J; E. iof NW. J; S. i, sec. 17 560.00 AH sec. 19 : . . 048. 00 N. i of NE. \; SW. i; NW. i of SE. \; S. J of SE. \, sec. 21 360. 00 W. iofNW. i; SE. Jof NW. i; SW. i; S. J of SE. J, sec. 23 360.00 N. i; SW. J; N. J of SE. J, sec. 27 560. 00 NE. i; N. i of NW. i; SW. J of NW. J; SW. \; NE. J of SE. J, sec. 29. . 480. 00 AU sec. 31 647. 00 AH sec. 33 r 640. 00 AH sec. 35 .'. 640. 00 Township 21,range 5: N.^; N.iof SW. i; SE. J of SW. i; SE. J, sec. 1 600.00 Lots 2, 3, 4, sec. 3 122. 00 Lot 1, sec. 5 41.00 Township 15, range 6: S. i of N. i; S. i, sec. 7 481. 00 S. 4 of NW. i; S. i, sec. 9 400. OO NE. Jof NE. i; S. iof NW. \; SW. \, sec. 15 280.00 AH sec. 17 - 640. OO AH sec. 19 644. 00 AH sec. 21 •- 640. OO W. 4of NW. i, sec. 23 80.00 AH sec. 27 640. 00 All sec. 29 640. OO All sec. 31 637. 00 All sec. 33 640. 00 N.^of N.i; SE. iof SE. \, sec. 35 200.00 Township 16, range 6: NW. iof NE. J; W. i, sec. 1 366.00 NE. i of NE. i; S. J of N. i; N. * of SW. i; SE. i of SW. i; SE. i, sec. 3 483. 00 E. i; N. i of NW. i; SE. i of NW. i; NE. i of SW. \, sec. 5 4m 00 N. i; SW. i; NW. i of SE. i, sec. 7 534.00 All sec. 9 640. 00 NE. i; E. i of NW. i; SW. i of SW. i; NE. i of SW. i; N. i of SE. i, sec. 11 400. 00 . NE. i; E. iof NW. i; SW. i of SW. i; E. i of 8E. i, sec. 13 360.00 NW. iof NE. i; S. i of NE. i; S. i, sec. 15 440.00 E. i; N. iof NW. i; SW. i of SW. i, sec. 17 440.00 AH sec. 19 664. 00 NW. i; SE. iof SE. i, sec. 21 • 200.00 AH sec. 23 640. 00 E. i of SE. i, sec. 25 80. 00 N. iof NE. i; NW. i; N. i of SW. i, sec. 27 320.00 N. i; SW. i; N. i of SE. i; SW. i of SE. i, sec. 29 600.00 All sec. 31 eS4. 00 SW. iofNW. i; NW. iof SW. i; S. i of S. i, sec. 33 240.00 AH sec. 35 640. 00 Township 17, range 6: N. i of N. i; SW. i of NW. i; N. i of SW. i; NW. i of SE. i; lots 2, 3, 4, sec. 1 402. 00 SW. i, sec. 3 160.00 N. i, sec. 5 326. 00 SE.iofNE.i; N.iofNW.i; SW.iofNW.i; NE. iof SE. i,sec. 7. 202.00 SE. iof NE. i; S. i, sec. 9 360.00 N. i; N. iof SW. i; E. i df SE. i, sec. 11 480.00 Lots 2, 3, sec. 13 86. 00 N. i, sec. 15 320.00 NW. i of NE. i; E. i of W. i; NW. i of SE. i; lot 2, sec. 17 278. 00 Lots 2, 3; W. i; NW. i of SE. i, sec. 19 391. 00 N.iofNE. i; SE.iofNE.i; NE. i of SE. i; S. iof SE. i, sec. 21.. 240.00 E. iof SE. i; lots 4, 5, 6, sec. 23 106 00 OREGON AND OAUFORNIA LAND GRANT. 103 Township 17, range 6 — Continued. Acres. NW. i of NE. i; E. i of NW. i; NW. i of SW. i; lots 2, 3, 4, 5, 6, 7, sec. 29. 258. 00 NW. i of NE. i; N. i of NW. i; SW. i of NW. i; N. i of SW. i; S-. i of SE. i; SW. i of SW. i, sec. 31 365.00 E. ^of SW. i; NW. iof SE.i; S. i of SE. i, sec. 35 200.00 Township 18, range 6: W. iof NW. i; lot 7, sec. 1 115.00 N.i; N.iof S.i; SE. i of SE. i, sec. 3 570.00 N.i; N.iof SW. }; SE. i of SW. i; SE. i, sec. 5 668.00 S. i of NE. i; NW. i; S. J, sec. 7 584. 00 NW. iof SW. i; S.iof SW. i; SE. i, sec. 9 280.00 E. i; SE. iofNW. }; E. ^ of SW. J, sec. 11 440.00 NW. } of NE. i; S. i of NE. i; N. i of NW. }; SE. J of NW. i; NE. i of SW. i, sec. 13 280.00 N.iofNW. }; SW. JofNW. i; NW. i of SW. i, sec. 15 160.00 All sec. 17 640. 00 All sec. 19 665. 00 All sec . 21 640. 00 Lots 3, 4; NE. Jof SW. i; S. J of S. i, sec. 23 248.00 N.i; N.iof SW. i; SW. J of SW. i; SE. i, sec. 25 600.00 All sec. 27 640. 00 All sec . 29 640. 00 All sec. 31 665. 00 All sec. 33 646. 00 W. iof E. i; W. 4; SE. i of SE. 1, sec. 35 525.00 Township 19, range 6: All sec. 1 639. 00 All sec, 3 ; 637. 00 All sec. 5 644. 00 All sec. 7 638. 00 N.i; SW. i; S. i of SE. }, sec. 9 560.00 N.i; N.iof SW. i; SW. i of SW. i; E. i of SE. i. sec. 11 520.00 All sec. 13 640. 02 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 640. 00 All sec. 21.'. 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 640. 00 All sec. 33 640. 00 All sec. 35 640. 00 Township 20, range 6: N.i; N. i of SW. i; SE. }, sec. 1 564. 00 . N.i; N.iof SW. i; SE.iof SW. }; SE. J, sec. 3 607.00 All sec. 5 640. 00 All sec. 7 636. 00 All sec. 9 640. 00 N. i of NE. i; SW. i of NE. i; E. i of W. i; SW. i of SW. i; SE. i, sec. 11 480.00 All sec. 13 640. 00 All sec. 15 , 640. 00 All sec. 17 640. 00 NE. }; N. i of NW. i; SE. } of NW. {; N. i of SE. i, sec. 19.- 360. 00 All sec. 21 640. 00 All sec. 23 640. 00 N. i sec. 25 320. 00 Township 15, range 7: S. i of NE. i; SE. } of NW. i; NE. i of SW. i; S. i of SE. J; lots 2, 3, sec. 7 315.00 S.iof N.i; S.i, sec.9 480.00 S.Jof N.i; S.i, sec. 11 480.00 All sec. 13 612. 00 All sec . 15 640. 00 104 OEEGON AND OALIFOBNIA LAND GRANT. Township 15, range 7 — ^Continued. ■' Acres. Allsec. i?.. 640.00 All sec. 19 633. 00 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 - - 639.00 All sec. 27 640. 00 All sec . 29 640. 00 All sec. 31 758. 00 NW. \; lofal tol2, inclusive, sec. 33 549.00 NE. i; SE. J of NW. \; NE. \ ot SW. J; N. i of SE. J; lot 2, sec. 35. 366. 00 Township 16, range 7: All sec. 1 614. 00 S. i; lotsl, 2, 3, 4, sec. 3 513.00 SE. i; N.iof SW. i; SE. J of SW. i; lots 1, 2, 3, 4, sec. 5 388.00 N. J of NW. i; SW. i; NW. J of SE. i; S. i of SE. i, sec. 7 377. 00 NE. J; SE. iof NW. i; N. J of SE. }, sec. 11 280.00 All sec. 13 640. 00 Lots 1 to 12, inclusive, sec. 15 562. 00 S. i, sec. 19 329.00 All sec. 21 774. 00 All sec. 23 628. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 NE. \\ S. i, sec. 31 489. 00 All sec. 33 753. 00 All sec. 35 627. 00 Township 17, range 7: N. i; SW. i, sec. 1 480.00 All sec. 3 640.00 All sec. 5 617. 00 All sec. 7 : 642. 00 All sec . 9 640. 00 All sec. 11 640. 00 SW. \ ot NW. i; S. i, sec. 13 360. 00 All sec. 15 640. 00 All sec. 17 640. 00 NW. i of NE. \; NW. J; S. J of S. \, sec. 19 362. 00 All sec. 21 640. 00 N. Jof N.i; SE. JofNE. i; SW. J of NW. J, sec. 23 240.00 NE. J; S. \, sec. 25 480. 00 NW. iof NW. i; S. Jof SW. }; SE. J, sec. 27 280.00 E. iof NE. i; W. iofW. }; SE. \, sec. 29 400.00 NE. i; W. i, sec. 31 482.00 All sec. 33 640. 00 AH sec. 35 640. 00 Township 18, range 7: All sec. 1 .. 696.00 N. i; SE. i, sec. 3 533.00 N. \, sec. 7 313. 00 All sec. 9 640.00 NE. iof NE. J; NW. i of NW. \; S. i of NW. i; S. i, sec. 11 480.00 All sec. 13 640 00 All sec. 15 640. 00 All sec. 17 640.00 All sec. 19 633.00 All sec. 21 640 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 638. 00 All sec. 33 640. 00 All sec. 35 640. 00 Township 19, range 7: All sec. 1 641. 00 All sec. 3 646. 00 OREGON AND CAUPOBNIA. LAND GRANT. 105 Township 19, range 7 — Continued. Aores. Lotsl, 4; SE. iof NE. J; S. i, sec. 5 402.00 E, i; lotsl, 2,3,4, sec. 7 391.00 All sec. 9 630. 00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 NE. i; lot 1,860.19 182.00 Lots 1, 2, 6, 7, 8, 9, 10, 11, 12, 15, 16, sec. 21 428. 00 All sec. 23 640. 00 N. JofNE. J; S.iof SE. i, sec. 25 160.00 All sec. 27 640. 00 All sec. 35 , 640. 00 Township 20, range 7: All sec. 1 727. 00 All sec. 3 746. 00 All sec. 11 640. 00 N. i, sec. 13 320. 00 N.iof NE. i, sec. 15 80.00 Township 15, range 8: S. iof N.J; S. i, sec. 7 468.00 SW. i of NE. i; S. i of NW. J; SW. i; NW. i of SE. i; S. i of SE. J, sec. 9 400. 00 S. 4of N.i; S.J, sec. 11 480.00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 622. 00 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 627. 00 All sec. 33 640. 00 All sec. 35 640. 00 Township 16, range 8: All sec. 1 656. 00 All sec. 3 681. 00 All sec. 5 729. 00 E. i; SE.Jof SW. J; lotsl, 2,4, sec. 7 456.00 All sec. 9 ; 640. 00 All sec. 11 640. 00 All sec. 13 656. 00 All sec. 15 651. 00 All sec. 17 640. 00 NE. i of NE, i; NE. i of NW. i; NE. J of SE. }; S. i of SE. }; lots 1, 2, 3, sec. 19 303.00 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 659. 00 All sec. 27 656. 00 NE. i; NE. Jof NW. i; S. Jof NW. i; S. i, sec. 29 600.00 E. J, sec. 31 320. 00 All sec. 33 640. 00 N. i; NW. J of SE. i, sec. 35 360. 00 Township 17, range 8: All sec. 1 644. 00 N. i; NW. i of SW. i; S. i of SW. }; SW. i of SE. i, sec. 3 485. 00 All sec. 5 646. 00 E. i; N. i of NW. i; SE. J of NW. i; NE. i of SW. i, sec. 9 480. 00 All sec. 11 640. 00 All sec. 13 640. 00 N. i; SE. i, sec. 17 480. 00 All sec. 21 640. 00 All sec. 23 640. 00 106 OREGON AND OALIFOENIA LAND GRANT. Township 17, range 8 — Continued. Acres. All sec. 25 640. 00 All sec. 27 640. 00 E. i of E. i, sec. 33 160. 00 All sec, 35 640. 00 Township 18, range 8: NW. iof NE. i; NW. }; W. J of SW. i, sec. 1 281.00 All sec. 3 642. 00 All sec. 9 640. 00 N. i; SW. J; NW. J of SE. J; S. i of SE. i, sec. 11 600.00 S. iof NE. i; W. JofNW. J; E. Jof SW. J; SE. i, sec. 13 400.00 N. i; S. iof SW. i; NB. iof SE. J, sec. 15 440.00 W. i; NE. i, sec. 17 480.00 All sec. 19 686. 00 NE. i; W. i of NW. i; SW. J; NE. i of SE. i; S. i of SE. i, see. 21. . 520. 00 SE. Jof NE. i; SW. iof NW. i; S. i, sec. 23 400.00 All sec. 25 640. 00 All sec. 27 640. 00 , W. i of NE. i; NW. i; S. J, sec. 29 560.00 All sec. 31 640. 00 All sec. 33 640. 00 N. i; SW. i; N. i of SE. i; SE. i of SE. i, sec. 35 600.00 Township 19, range 8: All sec. 1 ■ 844. 00 LotBlO, 11; W. iof SE. i, sec. 3 160.00 All sec. 5 785. 00 N. iof N. i; SE. iof NE. i; SE. i of SE. i, sec. 11 240.00 NE. i; N. i of NW. i; SE. i of NW. i; NE. i of SE. i, sec. 13 320. 00 Township 15, range 9: E. i; SE. iof NW. i; E. iof SW. i, sec. 13 440.00 E. i; E. i of W. i, sec. 25 480. 00 Township 18, range 9: SE. i, sec. 23 160.00 All sec. 25 640. 00 S. iof SE. i, sec. 33 80.00 All sec. 35 : 640. 00 Township 19, range 9: SW. i; lots 1 to 11, inclusive, sec. 1 585. 00 Lots 1,2,3,4; NE. i of SW. i; SE. i, sec. 3 353. 00 Total Lane County 299, 606. 00 Douglas County. [South of base line and west of Willamette meridian.] TAwnsliip 23, range 1: SW. i, sec. 35 160.00 Township 24, I'ange 1: S.iof NE, f;SE. iof NW. i; S. i, sec. 1 440.00 All sec. 3 640.60 NE, i of SE. i; S. i of SE. i, sec. 5 120. 00 Lots 1 to 20, inclusive; SE. i, sec. 7 91:3.08 All sec. 9 640.00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640.00 All sec. 17 ■; 640. 00 Lots 1 to 20, inclusive; E. i, sec. 19 1,144.45 All sec. 21 640.00 All sec. 23 640. 00 All sec. 25 640.00 jMlsec. 27 640.00 All sec. 29 640.00 Lots 1 to 20, incluFive; E. J, sec. 31 1, 198. 15 All sec. 33 640. 00 All sec. 35. 640.00 OEEGON AND CALlFOBNlA LAND GEANT. 107 T(5\«lship 25, range 1: All sec. 1 ■ All sec. 3 All sec. 5 Lots 1 to 20, inclusive; E. J, sec. 7 All sec. 9 All sec. 11 All sec. 13 All sec. 15 All sec. 17 Lots 11, 12, 13, 14, 16, 17, 18, 19, 20; SE. J, sec. 19 All sec. 21 All sec. 23 All sec. 25 All sec. 27 All sec. 29 Lots 1 to 20, inclusive; E. i, sec. 31 .' All sec. 33 All sec. 35 Township 30, range 1: All sec. 1 , All sec. 7 NE. i; SW. 4; N. J of SE. J, sec. 9 AH sec . 11 All sec. 13 NW. i of NE. i; S. i of NE. {; NW. i; S. i, sec. 15 AUsec. 17 All sec. 19 All sec . 21 All sec. 27 All sec . 29 All sec. 31 All sec. 33 All sec. 35 Township 31, range 1: All sec. 5 ; N. i of NE. i; W. i of NW. i; SW. J; N. i of SE. i, sec. 7. SW. i, sec. 17 NE. i; NE.JofNW. J; S. JofNW. i; S. J, sec. 19 N. i; SE. i, sec. 21 NW. i of NE. 1; S. i of NE. J; NW. i; S. i, sec. 29 All sec. 31 NE. iof NE.i; S. § of NE. i; S. i, sec. 33 Township 32, range 1: Lota 1, 2, 3, 4, 5, 6, and 12, sec. 1 Lots 1 to 16, inclusive; S. j, sec. 3 Lota 1 to 12, inclusive; S. |, sec. 5 , All sec. 7 All sec. 9 W. ^, sec. 11 All sec. 15 All sec. 17 N. i, sec. 19 NE. 4 of NE. i, sec. 21 Township 23, range 2: NW. 4ofSW. 4; SE.4, sec. 33 S. §, sec. 35 Township 24, range 2 : All sec. 1 All sec. 3 All sec. 11 All sec. 13 E. i, sec. 15 All sec. 23 , All sec. 25 All sec. 33 All sec . 35 Acres. 641. 84 642.48 643. 68 , 085. 04 640. 00 640.00 640. OO 640. 00 640.00 511.61 640. OO 640.00 640. 00 640.00 640. 00 . 088. 60 640. 00 640. 00 639. 52 639. 58 400. 00 640. 00 640. 00 600.00 640. 00 6^1.12 640. 00 640. 00 640. 00 640. 26 640. 00 640. 00 633. 62 392. 48 160. 00 595. 71 480. 00 600. 00 640. 00 440. 00 199. 80 872. 86 825. 02 -,616.64 640. 00 320. 00 640. 00 640. 00 306.71 40.00 200. 00 320. 00 638. 40 639. 40 640. 00 640. 00 320. 00 640. 00 640. 00 638. 68 640. 00 108 OREGON AND CALIFOENIA LAND GRANT. -Township 25, range 2: ■*-™s- Lots 1 to 20, inclusive; S. i, sec. 1 1. 036. 32 Lotsl to 20, inclusive; S. i, sec. 3 1,065.48 Lots 1 to 20, inclusive; S. J, sec. 5 1, 067. 60 All sec. 7 510. 56 All sec. 9 640. 00 SW. i, sec. 11 160.00 NW. iofNW. J; SE. iof SW. i; SW. i of SE. i, sec. 13 120.00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 533. 12 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 612. 37 All sec. 33 617. 48 All sec. 35 626. 04 Township 26, range 2: All sec. 1 .-. 642. 84 All sec. 3 638. 84 All sec. 5 635. 18 All sec. 7 636. 80 All sec. 9 640. 00 All sec . 11 640. 00 All sec . 13 640. 00 N. i of NE. i; SW. i of NE. J; NW. i; S. J, sec. 15 600. 00 N. i of NE. i; SE. i of NE. i; NW. i; N. i of SW. i; SW. J of SW. i; SE. } of SE. }, sec. 17 440. 00 NE. i; NE. iof NW. i; S. i of NW. }; S. i, sec. 23 600.00 All sec. 25 640. 00 SE. i, sec. 35 160.00 Township 27, range 2: All sec . ] 647. 60 N. i; NW. iof SW.i; SB. i of SW. i; S. i of SE. i, sec. 3 :... 488.28 All sec . 5 649. 34 NW. J, sec. 7 156. 80 Township 30, range 2: All 3ec. 13 640. 00 S. J, sec. 15 320. 00 E. i, sec. 21 320.00 All sec . 23 640. 00 All sec . 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 NE. iofNE. i; S. i of NE. i; S. JofNW. i; S. i, sec. 33 .... 520.00 All sec. 35 640. 00 Township 31, range 2: NE. i; NE. iofNW. i; S. i of NW. i; W. i of SW. i, sec. 1 361.35 NE. i of NE. i; NW. i, sec. 3 201. 06 SW. i, sec. 9 160. 00 NW. iofNE. i; S. iofNE. i; NW. i; N. J of SW.i; SW.i of SW.i; N. i of SE. i; SE. i of SE. i, sec. 11 520. 00 NE.i; N. JofNW.i; SE.iofNW.i; NE. iof SW.i; S. iof SW.i; N. i of SE. i; SW. i of SE. i, sec. 13 520. 00 SE. i, sec. 15 160. 00 All sec. 23 640.00 E. i; N. iof NW. i; S. i of SW. i, sec. 25 480.00 Township 24, range 3: W. iof NE.i; W. i, sec. 5 408.34 All sec. 7 633. 00 W. iof W. i, sec. 9 160.00 E. i of NE. i;' NW. i of SE. i; S. i of SE. i, sec. 15 200.00 E. iof NE.i; W. i of SE. i, sec. 17 160.00 W. i, sec. 19 317. 28 SE.iofNW.i; N. i of SW. i, sec. 21 120.00 NW. i of NW. i, sec. 23 40.00 N. iof N. i; SW. iofNE. i; SE.iofNW.i; S. i of SE. i, sec. 3i.. 321.23 OBEGON AND OAUFOBNIA LAND GBANT. 109 TowBsMp 25, range 3: Acres. SW. iof NE. i; NW. iof NW. i; S. i of NW. i, sec. 3 157. IS S. i of SE. J, sec. 5 80.00 E. i; E. i of W. J; SW. i of SW. i, sec. 7 510. 52 NW. i ; SW. i of SW. i, sec. 9 200. 00 All sec. 13 640. 00 W. i, sec. 17 320.00 All sec. 19 630. 51 NE. J; S. i, sec. 23 480.00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 SW: i of NE. i; S. i of NW. i; N. E. i of SW. i; NW. i of SE. i, sec. 31 197.99 All sec. 33 640. 00 ■ All sec. 35 640. 00 Township 26, range 3: E. i; N. i of NW. i; SE. i of NW. i; S. i of ,SW. i, sec. 1 521. 54 N. i of NE. i; NW. i, sec. 3 233. 98 SE. iof SW. i; SE. i, sec. 9 ■ 200.00 S. i, sec. 11 323.32 All sec. 13 643. 60 All sec. 15 640. 00 E. i of NE. i, NE. i of SE. J, sec. 21 120. 00 All sec. 23 640. 00 All sec. 25 640. 00 N.^; NE. Jof SW. i; N, i of SE. i, sec. 27 440.00 • NE. i of SE. i; S. i of SE. i, sec. 33 120. 00 All sec. 35 ~ 640. 00 TownsMp 27, range 3: N. i; E.iof SW. i;SE. i, sec. 1 554.44 W. 4 of NE. i; E. i of NW. i; S. i of SW. i; SE. i, sec. 3 401. 42 NE.i; E.iof NW.i; S. J, sec. 7 561.90 All sec. 9 .". . , 648. 00 Lots 4, 5, 6, 9, 11, 12, 13, 14, 15, 16, sec. 11 407.79 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 635. 20 All sec. 21 '. 640. 00 E. i; W. i of W. i, sec. 23 480. 00 All sec. 25 640. 00 W. iof NE.i; NW. i; N.iofSW.i; SW. iofSW. i; SE. i, sec. 27. 520.00 All sec. 29 640. 00 All sec. 31 637. 99 E.i; SE. iof NW. i; E. i of SW. i, sec. 35 -440.00 Township 28, range 3: NW. i, sec. 19 152. 80 SW. i, sec. 31 160.00 Township 29, range 3: All sec. 1 631. 89 AH sec. 3 591. 12 All sec. 5 572. 88 All sec. 7 606. 56 Lotsl, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, sec. 9 616.11 All sec. 11 640. 00 All sec. 13 640. 00 Lots 1, 2, 3, 5, 6, 7, 9, 10, 11, 13, 15, 16, sec. 15 492. 03 N.i; NW. iof SE. i; SE. i of SE. i, sec. 17 400.00 NE.i of NE.i; S. i of NE. i; SE. i of NW. i; S. i, sec. 21 480.00 All sec. 23 640. 00 All sec. 25 640. CO All sec. 27 624. 48 All sec. 29 640. 00 All sec. 31 634. 23 Lotsl, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, sec. 33 490.22 All sec. 35 640. 00 110 OBEGON ASrp CAIJFOENIA LAND GRANT. Township 30, ranges: ^<"^- Lots], 2, 3, 4; S. i, sec. 1 398.7^ Lots 1, 2, 3, 4; S . i, sec. 3 ----- <101. 00 Lots 1, 2, 5; NE. iof SE. i; S. i of S. 4, sec. 5 251.34 Lots], 2, 3, 4, 5, 6; E. i of SW. i; SE. i, sec. 7 449.54 All sec. 9 625. 20 All sec. 11 640. 00 All sec. 13: :....... 640. 00 All sec. 15.- . - 640. OO All sec . 17 : 640. 00 N. i of NE. i; SE. i of NE. i; NE. J of SW. i; S. J of SW. i; SE. i, sec. 19 401.63 All sec. 21 649. 00 All sec. 23 640.00 NE. i of NE. i; S. i of NE. i; SE. i of NW. J; S. i, sec. 25 480.00 N. i;N. 4of SW. i, sec. 27 400.00 N. iof NE. l;lot8 1, 2, 3, 4, 5, 6, 7, 8, 9; S. i of S. i, sec. 29 343.88 All sec. 31 598. 74 N. J of NE. i; NW. J; S. i, sec. 33 493. 56 NE. i; S. 4 of NW. J; S. J, sec. 35 , . . . 495. 80 Township 31, range 3 : All sec. 1 799. 73 All sec. 3 806. 20 All sec. 5 814. 78 All sec. 7 654. 84 All sec. 9 610. 26 All sec. 11 640. 00 All sec. 13 640. 00, All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 657.28 All sec. 21 609.09 All sec. 23 640.00 All sec. 25 •- -. . . «40.00 All sec . 27 -' 640. 00 All sec. 29 640.00 Lotsl, 2, 3, sec, 31 138.40 N. 4; N. 4 of SW. }; SE. J of SW. i; SE. i, sec. 33 600. 00 All sec. 35 640. 00 Township 32, range 3: All sec. 3 640. 00 All sec . 5 640. 00 A.11 sec . 7 644. 18 All sec. 9 640. 00 All sec . 11 640. 00 All sec. 15 640.00 All sec. 17 640. 00 Township 21, rana;e 4: S. *of NW. f; S. 4, sec. 5 400.00 All sec. 7 642.20 NE. i of NE, i; NW. i; NE. } of SW. i; NW. } of SE. i, sec. 17. . . 286.00 W. 4of NE. i; E.4of NW. i; NW. J of SE. i, sec. 19 200.00 SW. i; N. 4of SE. i, sec. 21 240.00 N.4; N.4of SW. }; SE.Jof SW. }; SE. }, sec.27 600.00 N. 4of SW. i, sec. 29 80.00 N.4of SW. i; SW. iof SW. i; S. 4 of SE. i, sec. 31 204.04 E, 4; S, 4of SW. i, sec. 33 400.00 NW, i;W. 4of SW. J, sec. 35 240.00 Township 22, range 4: SW.^, sec. 3 . iqO.OO NE. J of NE. i; S. 4 of N. 4; W. 4 of SW. i; SE. } of SE. J, sec, 5. . . 3H6. 24 All sec. 7 677. 44 E, 4; N.4of NW. i; S.4of SW. i, sec. 9 480.00 W. 4 of W. 4, sec. 11 160.00 All sec. 15 640. 00 NE, iof SW. i; NW. i of SE. i, sec.l7 80.00 N.4; N. 4of SW. i; SE. i, sec. 21 660.00 OREGON AND CAMPOENIA LAND GRANT. Ill Township 22, range 4 — Continued. E. iof SW.|;aE. iof NE.i; NW. i, sec. 23 S. iofNW.f; SW. i,.sec. 27 SE. i of N-E. i; N. i of S. -i, sec. 29 W. Jof NW. J, sec. 31 S. Jof SE, J, sec. 33 N. i; N. i of SW. i; SE. J, sec. 35 Township 23, range 4: NW.i; SE. J; N.Jof SW.i; SE. i of SW. J, see. 1 N. iof NW. i; S. Jof SW. J, sec.3 NE. i of NE. i; S. i of S. 'Jj NW. } of SE. i, sec. 7 NW.JofNE.i; S.iofNE.i; E.JofNW.J; NE.JofSE.i; S.Jof SE. J, sec. 9 NE.iof NE. i; S. i of NE. }; NW. iof SE.i, sec. 11 NE.i; S.'iofNW.i; SW. i; N. JofSE.i; SW. iof SE. i, sec.l3. SE. J of SE. i, sec. 15 A'll sec. 17 NE. i; S. 4-of NW. i; N. iof SW. i; SW. i of SW. J, sec. 19 All sec. 23 All sec. 27 NE. i of SW. i; SW. J of SW. i; N. i of NW. J; SE. } of NW. i, sec. 29 : S.-i, sec. 23 All sec. 35 , Township 24, range 4: All sec. 1 All sec. 3 SW. i of NE. i; W. -Jof SE.i; lots 3, 4, 5, 6, 7, sec. 5 N. i; N. i-of SWi; SW. i of SW. J; SE. }, sec. 9. All sec. 11 All sec. 13., E. Jof NE.J; W.Jof NW.i; lots 4, 5, sec. 15 S. Jof SE.-i; lot 4, sec. 23 N. i; NW. J of SW. i; SE. i, sec. 25 WE. i; S. i-of NW. i; NE. J of SW. i; N.-J of SE. i, sec. 29 SE. J, sec. 33 W. i of NE. i; NE. i of NW. i; S. i of NW. i; SW. \, sec. 35 Township 25, range 4: N. i of NE. 4; SW. i of NE. \; NW. i; NE. i of SW. J; NW. i of SE. J, sec. 3. - SE. i of SW. J, sec. 11 S. iof NE. i; SE. .J, sec. 13 NW. 4 of NW. i; S. i of NW. 4; SW. 4; lots 3, 5, sec. 17 NE. 4 of NE. 4; S. i of NE. \; S. i of S. i; NE. \ of SE. \, sec. 19. . . S. i of SW. 4, sec. 21 All sec. 23 N. J; W. i of SW. 4; E. i of SE. 4, sec. 25 All sec. 27 NE. 4 of NE. 4; S. i of NE. 4; NW. 4 of NW. 4; NW. 4 of SAV. 4; S. i of SW. 4; SE. 4, sec. 29 All sec. 35 'fownahip 26, range 4: N. iof NE. 4, sec. 3 Lot 5, sec. 7. Lots 9, 10, sec. 17 SW. 4 of SW. 4, sec. 23 NW. 4 of SE. 4, sec. 35 Township 27, range 4: Lots 3, 4; W. i of W. \, sec. 1 NE. 4of NE. 4; lot 2, sec. 7 E. iof NE..4: NW. 4of NW. 4; SW. 4of SW. 4; SW. 4of SE. 4, sec .11 NB.4; N.iofNW.4; SE.4ofNW.4; N.iofS.i; SW.4pfSW.4, sec. 13 NE.4 of NE. 4; SW. 4 of SE. 4, sec. 21. NE. 4 of NE. 4; S. i of NE. 4; E. i of SE. 4, sec. 23 All sec . 25 320. 00 240. 00 200. 00 99.60 80.00 560. 00 440. 62 160. 06 239. 52 320. 00 160. 00 520. 00 40.00 640. 00 366. 69 640. 00 640. 00 2G0. 00 320. 00 647. 75 651. 91 636. 40 307. 53 600. 00 641. 32 636. 52 198. 00 94.50 520. 00 360. 00 160. 00 360. 00 366. 26 40.00 240. 00 329. 34 319. 79 80.00 640. 00 480. 00 640. 00 440. 00 640. 00 80.80 46.83 1L56 40.00 40.00 217. 42 43.96 200. 00 480. 00 80.00 200. 00 640. 00 112 OEEGON AND CALIFORNIA LAND GBANT. Township 27, range 4 — Continued. NW. i of NE. i; SE. i of NE. i; S. i of NW. i; N. J of SW. i; lots Acres. 1, 2, sec. 29 294. 14 NW. i of NW. i; NEiof SE. i; lots, sec. 31 - 96.50 N. Jof NE. i; SE. iof NE. i, sec. 33 120.00 SW. i, sec. 35 160. 00 Township 28, range 4: All sec. 1 658. 86 S. J of N. i; S. i; lot 1, sec. 3 524. 04 Lotsl, 2, 3, 4; SW. }; E. iof SE. i, sec. 5 286.52 NE. 1 of NE. 1; SE. i of NW. i; lots 1, 2; E. i of SW. i; N. i of SE. i; SW. i of SE. i, sec. 7 360. 80 All sec. 9 640. 00 All sec. 11 640. 00 N.iofNE.i; SE.iofNE.i; SW.JofSW.i; NW-i; NW.JofNW. }of SW. J; S. i of NW. } of SW. i; SE. }, sec. 13 510.00 N.i; SW. J; lotsl, 2, 3, 4, 5, sec. 15 602.20 NE. }; S. i, sec. 17 480.00 E. i; N. i of NW. i; S. i of SW. i, sec. 19 481. 13 N. i; SW. i; N. i of SE. i; SW. i of SE. i; W. i of SE. { of SE. i, sec. 21 620. 00 S. i of SW. J of SE. i; SE. i of SE. i, sec. 23 60. 00 All sec. 25 6^0. 00 W.iofNW-i; N.JofSW.i; SE.JofSW.i; NE. iofSE.J; S.Jof SE. i; SE. i of NW. i of SE. i, sec. 27 330. 00 E. iof NE. J; NW. i; W. i of SW. i, sec. 29 320.00 NW. J; S. J, sec. 31 480.32 W. i of E. i; W. i, sec. 33 480. 00 All sec. 35 640. 00 Township 29, range 4: S. i of NW. i; SW. i; lots 1, 2, 3, 4, 5, 6, sec. 1 .^. . 527. 51 Lots 1 to 16, inclusive, sec. 3 .*. . 721. 38 SW. i of NW. i; E. i of SE. i; lots 3, 4, sec. 5 196. 14 NW. i of NE. i; NW. i of NW. J; E. J of W. J; W. i of SE. i, sec. 7. 319. 12 Lots 1 to 16, inclusive, sec. 9 612. 64 All sec. 11 650. 64 All sec. 13 ■. 640. 00 N. i; SW. i; N. i of SE. i, sec. 15 560.00 SW. } of NE. i; N. i of SW. J; NW. i of SE. i; lots 1 to 10, inclusive, sec. 17 493. 94 NE. i; N.iof NW. i; E. Jof SE.i; lot 3, sec. 19 358.60 SE. Jof SW. i; S. iof SE. i; lots 1, 3, 4, 5, 6, sec. 21 268.05 SW. iof SW. i; SE. }; lot 4, sec. 23 249.74 E. iof E. i; NW. i; W. J of SW. i, sec. 25 400.00 All sec. 27 640. 00 S. iof SW. J; SE. i, sec. 29 240.00 N. i of NE. i; SW. i of NW. i; fractional W. * of NW. i of NW. i; NW.iofSW.}; S. i of SW. i, sec. 31 248.80 All sec. 33 640. 00 N.i; SW. i; N. i of SE. }; SW. i of SE. J, sec. 35 600.00 Township 30, range 4: Lotsl, 4, 9, sec. 1 64.00 Lots 2, 3, 4, 5, 6, 7, 10, 11, 12, 14, 15, sec. 3 510. 41 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 15, 16, sec. 5 635. 58 Lotsl, 2, 7, 8, sec. 7 113.19 Lots 2, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, sec. 11 433. 49 Lotsl, 2, 3, 4, 5, 6, sec. 13 223.20 Lots 1, 2, 7, 8, 9, 15, 16, sec. 15 267.45 Lots 10, 11, 14, 15, sec. 17 118.94 Lots 7, 8, 9, 10, 11, 14, 15, 16, sec. 19 303. 56 Lots 2, 3, 4, 6, 15, sec. 21 199.08 Lots 13, 14, 15, 16, sec. 23 16L95 Lotsl, 2, 4, 5, 7, 8", sec. 25 143.05 All sec. 27 640. 00 All sec. 29 625. 27 NE. i; E. iof NW. i; lots 1, 2, 3, 4, 5, 6, sec. 31 369.36 N. i; lots 1, 2, 3, 4, sec. 33 368. 20 W. JofNE. i; NW. i; lots 1, 2, 3, 4, 5, 6, sec. 35 357.61 OREGON AND OALIFOENIA LAND GRANT, 113 Township 31, range 4: Acres. All sec. 1 825. 16 All sec. 3 824. 08 All sec. 5 811. 08 All sec. 7 631. 96 All sec. 9 622. 88 All sec. 11 631. 64 All sec. 13 •. 640. 00 All sec. 15 640. 00 AH sec. 17 620. 00 All sec. 19 631.' 68 All sec. 21 627. 56 All sec. 23 631. 20 All sec. 25 640. 00 NE. i; N. i of NW. i; SE. i of NW. i; SW. i of SW. i; E. J of SE. i, sec. 27 ■ 400.00 All sec. 29 613. 55 All sec. 31 644. 49 E. i of NE. i; W. i of NW. i; NW. i of SW. J; NE. i of SE. i, sec. 33. 240. 00 All sec. 35 632. 80 Township 32, range 4: E. Jof NE. i; S. i sec. 1 400.00 N. i; lotsl, 2, 3, 4, 5, 6, 7, 8, sec. 3 636.08 N. iof N.4; S. iof S.i, sec. 5 320.00 E. Jof E. i; SW. iof SE. J; lot 1, sec. 7 239.40 All sec. 9 566. 04 All sec. 11 : 638. 92 All sec. 13 640. 00 All sec. 15 , 640. 00 E. i; E. Jof NW. i; lotsl, 2, 3, sec. 17 442.39 All sec. 19 475. 30 All sec. 21 ; 640. 00 All sec. 23 640. 00 All sec. 25 : . 640. 00 All sec. 27 640. 00 E.JofE.i; E. JofW. iofNE.J; W. Jof E. Jof NW. i; W.JofNW. i; SW. i; E. J of SW. i of SE. J, see. 29 500.00 All sec. 31 692. 93 E. i of NE. i; E. i of NW. i of NE. J; NW. i of NW. i; lots 3, 4, 6, 7, 9, 10, 11, 13, 17, sec. 33 406.13 Township 33, range 4:" S. Jof N. i; SW. J; N. J of SE. i; lotsl, 2, 3, 4, sec. 5 515.68 All sec. 7 632. 96 Township 21, range 5: Lot 1; S. i of N. J; SW. i; N. i of SE. i; SW. i of SE. i, sec.3. . . . 480. 54 NW. i of NE. i; S. i of NE. i; NW. i, sec. 5 281. 96 All sec. 7 646. 20 ■ NW. i of NE. i; SE. { of NE. i; E. J of NW. J; W., i of SE. i; E. i of SW. i, sec. 13 - 320.00 All sec. 19 650. 20 NW. i of NW. i, sec. 21 40. 00 S. i of NE. i; E. i of NW. i; NE. i of SW. i; N. i of SE. i; SW. i of SE. i, sec. 25 320.00 • E. i of NE. i; NE. i of SW. J, sec. 27 120. 00 E. i of NW. i; NE. i of SW. J, sec. 29 120. 00 W. iof NW. i, sec. 33 80.00 Township 22, range 5: All sec. 1 633. 99 SW. i of NE. i; lots 1, 2, 3; S. i of NW. i; NE. i of SW. i; N. i of SE. i; SB. i of SE. J, sec. 3 396. 37 NW.iofNE.i; N.iofNW.i;SW.iofNW.i;NW.iofSW.i,sec,5. 205.40 W. iofNE. i; NW. i; W. i of SW. i, sec. 7 338.31 All sec. 11 640. 00 E. *of NE. i, sec. 13 , 80.00 N.i; NE. iof SW. i; N. i of SE. J, sec. 15 440.00 SE. iof NE. }, sec. 19 .' 40.00 E. Jof SE. i, sec. 23 80.00 47197—12 8 114 OBEGON AND C.AJjJS'OBliriA LAND GRANT, Township 22, range 5— Continued. ■*■<"«''- '. NE. iofNE. i; S.^of N. i; S. 4, sec, 25..... 520.00 NW. i of NE. i; S. J of N. ij SE. i; NE, i of SW. i, sec. 27 . - , . - . 397. 66 SE. iof SW. i; SW. 4 of SE. i, sec. 29 ,.- 80.00 NE. i of SE. i, sec. 31 40. 00 W. iof NE. i; NW. J, sec. 33 240.00 N. i; lot 1, sec. 35 340.36 Township 23, range 5: N. Jof NE. i; W. i; NW. J of SE. J, sec. 5 431.36 W. i of NE. i; E. i of NW. J; W. i of SW. i; N. i of SE. J; SE. i of SE. i, sec. 7 353.75 E. i of NE. 4; SE. J, sec. 13 240. 00 W. iof SW. 4, sec. 17 80.00 N. i; SW. 4; N. i of SE. 4, sec. 19 546. 70 SW. 4 of NW . 4, sec . 21 40. 00 S.J of NW. 4; N. J of SW. 4, sec. 29 160. 00 NW. 4 of NE. 4, sec . 31 40. 00 Township 24, range 5: SE. 4 of NW. 4; NE. 4 of SW. 4, sec. 3 „ ., 80. 00 Lot 5, sec . 29 ...;.... .- 28. 41 SW. 4of NW. 4; SW. 4; SW. 4 of SE. 4, sec. 31 236.73 S. iof SE. 4, sec. 35 80.00 Township 25, range 5: NE. 4 of SW. 4; S. i of SW. 4; N. i of SE. 4; SW. 4 of SE. 4, sec. 9. 240. 00 NE. 4 of NE. 4; NW. i of NW. 4; S. i of NW. 4, sec. 17 160. 00 NE.4of SW. 4; S. iolSE.4, sec. 23 120.00 NE. 4; S. i, sec. 25 480. 00 N. i; N.iof SW. 4; SE. 4, sec. 27 560.00 S. iof NE. 4, sec. 29 80.00 N. i of NE. 4; NW. 4 of NW. 4, sec. 35 /. 120. 00 Township 27, range 5: S. iof SE.4, sec. 25 80.00 Township 28, range 5: NE. 4; S. i, sec. 13 480. 00 N.iof NE. 4; NW. 4; SE. 4of NE.4, sec. 23 280.00 E. i; NE. 4 of NW. 4; SW. 4 of NW. 4; N. i of SW. 4; SE. 4 of SW. 4, sec. 25 520. 00 N. iof NE. 4, sec. 27 80.00 E. iof NE. 4, sec. 29 80.00 N. i of NE. 4; NW. 4; N. i of SW. 4; SW. 4 of SW. 4; NE. 4 of SE. i. sec. 31 408. 32 NW. 4of SW. 4; S. i of SW. 4, sec. 33 120.00 NE.4; E. iof NW. 4; S. i, sec. 35 560.00 Township 29, range 5: N.iof NE.4; NE. 4of SW. 4; S. i of SW. 4; SE.4, sec. 3 362.66 SE. 4of NW. 4; N.iof SW. 4, sec. 5 120.00 NE.4 of NE.4; S. i of NE. 4; SE. 4 of NW. 4; SE. 4, sec. 9 320.00 N. i of NW. 4; SW. 4 of NW. 4; NW. 4 of SW. 4; W. i of SE. 4, sec. 11. 240. 00 E . i of NE . 4 ; W. i of NW. 4, sec . 15 160. 00 E. i of NE. 4; SE. 4, sec. 17 240. 00 N.i; W. iof SW. 4, sec. 21 SE. 4 of NE. 4; SW. 4 of NW. 4; N. i of SW. 4; SE. 4 of SW. 4; SE. 4, sec. 25 360. 00 E. iof NE.4; W. iof SE.4; lot 1, sec. 29 199.53 NW. 4 of NE. 4; S. i of NE. 4; NW. 4; N. i of SW. 4; SW. 4 of SW. 4, sec. 31 418. 72 E. i of E. i, sec. 35 160. 00- Townphip 30, range 5: , All sec. 1 : ! 654.10 N. i; SW. 4; N. i of SE. 4; SW. 4 of SE. 4, sec. 3 623.36 Lotsl, 2, 3, 4; SE.4, sec. 9 3U.20 NE.4; NE. 4ofNW. 4; S. i of NW. 4; S. i, sec. 11 600.00 NW. 4 of NE.4; NW. 4-; N. i of SW. 4; lota 1, 3, sec. 13 308.50 N. i; TNfW. 4 of SW. 4; TSr. i of SE. 4, sec. 15 440. 00 N.i; lots 4 5, sec. 17 370.63 NE. 4 of NW. 4; S. i of NW. 4; lots 1, 5, 6, sec. 19 192. 75 NE.4 of NE.4; lot 1, sec. 21 49 20 S. iof SE.4, sec. 25 SoioO OREGON AND CALIFORNIA I*AND GRANT. 115 Township 30, range 5 — Continued. Acres. Lot 7, sec. 27 , : . 57 Lotl; W.iofNW. J; SE. J of SW. J; S. Jof SE.J, sec. 29 .' 217.'32 SE. i of SE. i, sec. 31 .:.... 40 00 S. iofN. J; NE. iof NW. }; S. J, sec. 35 520.00 Township 31, range 5: All sec. 1 645. 38 All sec. 3 715. 22 E. i of SE. i of SE. i of NE. J; SW. i of NW. i; NW. i of NE. i of SW. i; S. i of NE. i of SW. i; NW. i of SW. i; S. J of SW. }; S. i of N. i of SE. i; E. J of NE. i of NE. J of SE. J; S. i of SE. i, sec . 5 320. 00 All sec. 7 638. 66 All sec. 9 640. 00 NW. iofNE. i; NW. i; S. J, sec. 11 520.00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 664. §2 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 35 .^ 640. 00 Township 32, range 5: '" N. i; N. iof SW. i; SE. i of SW. i; SE. J, sec. 1 600.00 E. I sec. 3 319. 60 N. i; SW. i; N. i of SE. i; SW. i of SE. i, sec. 9 600.00 NW. i; NW. i of SW. i, sec. 11 200. 00 SW. iof NE. i; SE. Jof NW. i; S. i, sec. 13 400.00 All sec. 17 640. 00 N. Jof M. i, sec. 19 165.86 E.J; N. Jof SW. i; SE. i of SW. i, sec. 23 440.00 N. Jsec.25.: 320.00 W. Jof NE. i; SE. J, sec. 27 240.00 E. Jof SW. i; S. J of SE. i, sec. 29 160.00 NW. i; NE. i of SW. i; NW. i of SE. i of SW. i; E. J of SE. i of SW. 1, sec. 35 230.00 Township 33, range 5: B.J; NE. iofNW. i; NW. i of SW. i; S. J of SW. i, sec. 1 483.89 N.J; E. J of SE. J, sec. 3 398.94 N. J; N. J of S. J, sec. 5 487. 32 E. Jof E. J; N. Jof NW. i; lots 1, 2, 3, sec. 11 332.43 N.J of N.J; SW. iofNE. i; SE. i of NW. }, sec. 13 240.00 Township 20, range 6: SW. iofNW. i; SW. i; S. J of SB. i, sec. 19 282.58 S.J sec. 25 320.00 All sec. 27 640. 00 A41 sec. 29 640. 00 All sec. 31 643.01 N.J; E. Jof SW. i; SE. i, sec. 33 560.00 N. J; N. J of SW. i; SB. i, sec. 35 560. 00 Township 21, range 6: N.J; SW. i; N. J of SB. i; SW. i of SE. J, sec. 1 606.40 All8ec.3.. 680.00 All sec. 5 729. 02 All sec . 7 584. 80 All sec. 9 640.00 All sec. 11 640.00 All sec. 13. 640.00 Allsec.l5 640.00 Allsec.l7 640.00 All sec. 19 601.80 All sec. 21 640.00 All8ec.23 640-00 W.J, sec. 25 316.64 Alllec.27 640.00 All sec. 29 - 640. 00 116 OEEGOM" AND OAUFORNIA LAND GRANT. Township 21, range 6 — Continued . ■*^''"'- All sec. 31 616.38 All sec. 38 640. 00 NE. }; N. i of NW. }, sec. 35 240.00 Township 22, range 6: NW. i of NW. i; S. i of SW. i; lote 5, 6, 7, sec. 1 167.74 All sec. 5 643. 84 N. i of NE. i; NW. i; NE. i of SW. }, sec. 7 265.04 N; iof NE. i, sec. 11 80.00 Lots 3, 4; SE. i of SW. i; SE. }, sec. 15 205. 72 SE. i of NE. i; S. i; lot 3, sec. 17 390. 72 All sec. 19 633. 25 All sec. 21 640.00 W. i of NW. i; SW. i; S. i of SE. i, sec. 23 320.00 W. iof NE.i, sec. 25 80.00 All sec. 27 640. 00 All sec. 29 633. 96 All sec. 31 664. 80 All sec. 33 694. 58 S. J of NE. i; S. i of SW. i; SE. J, sec. 35 320. 00 Township 23, range 6: NW. i of NE. i; N. i of NW. }; SE. J of NW. i; S. i of SW. i; SE. } of SE. i, sec. 1 280. 83 All sec. 3 637. 60 All sec. 5 655. 56 ' All sec. 7 601. 60 All sec. 9 640. 00 All sec. 11 640. 00 ' All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec . 19 622. 88 All sec. 21 640. 00 N. J; W. i of SW. i; SE. i, sec. 23 560. 00 N. i;"SW. i; NW. Jof SE. i, sec. 25 520.00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 633. 48 All sec. 33 640. 00 All sec. 35 640. 00 Township 24, range 6: NE. iof SW. i; NW. i of SE. i; SE. J of SE. J, sec. 1 120.00 All sec. 3 640. 80 All sec. 5 635. 40 All sec. 7 654. 72 N. i; SW. i; N. i of SE. i; SW. J of SE. i, sec. 9 600.00 N. i of NW. i; S. J of SE. i, sec. 11 160. 00 N. iof NE. iiNE.^of NW. i, sec. 13 120.00 E. iof NW. J, sec. 15 80.00 All sec. 17 640. 00 Lots 2, 3, 4; SE. J of SW. i; NW. i of SE. i; NE. h sec. 19 370.44 S. Jof SW. i;SW. Jof SE. i, sec. 21 :.. ' 120.00 W. i; SW. } of SE. }, sec. 27 360.00 All sec. 31 653. 26 E. i of W. i; NW. i of NW. \; SW. J of SW. i; SE. i, sec. 33 400. 00 S.iof SE. i; SW. i, sec. 35 240.00 Township 25, range 6: NE.J; S. iofNW.J; N.JofSW.i; SW.iofSW.i; NE.iofSE.J, sec. 3 •. .. 404.65 NW. i, see. 5 165. 33 N. i; W. i of SW. i^, sec. 7 404.09 Lot 10, sec. 15 2.00 SE.iof NW. J; SW. i of SW. i, sec. 17 80.00 Lots 2, 3, sec. 21 1. 20 Lots 1,2, 3; S. Jof NE. i; SE. i of NW. i; SE. i, sec. 25 324.75 SE. i of SB. J, sec . 33 , 40. 00 OREGON AND OAUFORNIA LAND GRANT. 117 TowHship 26, range 6 : Acres. N. i of N. i; SE. i of NE. i; NE. } of SW. J; S. i of SW. i; NE. i of SE. Ji sec. 3 361.44 SE. i of SE. i, sec. 5 40. 00 NW. i of NE. i; N. i of NW. J; SW. i of NW. i; lots 3, 4, 5, 6, sec. 7. 267. 20 W.iofNE.i; SE.iofNW.i; SW. i, sec. 9 280.00 NE. i; E. i of W.i; N. J of SE. J; SW. i of SE. i; lot 2, sec. 17. . . . 445. 86 Township 27, range 6 : Lots 3, 4; E. J of SE. i, sec. 7 96.27 NE.iofNE.i; NE.JofNW.i; W.JofW.J; SE.Jof SW.i, sec. 19. 267.24 Township 28, range 6 : S.iof SE. i; SW. i, sec. 25 240.00 NW. i of SE. i; S. i of SE. i, sec. 31 120. 00 Lot 9, sec. 33 21. 50 Lot 4, sec. 35 5. 60 Township 29, range 6: N.iofNE.i; SW. i of NE. i, sec. 1 120.54 S. iof NE. i; N.^of SE.i; lots 4, 5, 6, 7, sec. 3 223.55 All sec. 5 645. 80 E. i of E. J; W.. J of W. §; SE. i of SW. i; SW. i of SE. i, sec. 7. . 416. 38 NE. i of NE. i; W. i of E. i; S. i of SW. i; lots 1, 2, 3, 4, 5, 6, 7, sec. 9 446.91 SW. i; lot 4, sec. 11 195.32 NE. i; NE.JofNW. i; S. J of NW. i; S. J, sec. 13 600.00 NE'i; SW. i; lot 3, sec. 15 345.18 E. J of E. J; NW. i of NW. i; SW. { of SE. i; lots 1, 2, 3, 5, sec. 17. 309. 80 NW. i of NE. i; NW. i; NW. i of SW. i; SW. i of SE. -jr, sec. 19. . 292. 87 E. i; lotsl, 2, 3, 4, 5, 6, 7, 8, sec. 21 492.05 NE. i of NE. i; S. i of N. i|; NW. i of NW. i; NE. i of SW. i; S. J of SW. i; SE. J, sec. 23 520.00 NW. i of NE.i; SE. i of NE. i; NW. i; N. i of SW. i; E. i of SE. i, sec. 25 400. 00 NE.i; E. Jof NW. i; S. i, sec. 27 560.00 NE. i, sec. 29 160.00 E. i, sec. 33 320.00 N.iofNW. i; N. Jof SW. i; S. J of SE. i, sec. 35 240.00 Township 30, range 6: E. Jof E. i; W. i, seel 464.55 NE. i; S. i, sec. 3 470.39 NE. iofNE. J; S. ^ofNE. J; NW. JofNW. i; SE. iofNW. J; NE. iof SW. i; S.iof SW.i; SE. i, sec. 5 476.67 NE. i; NW. iof NW. i; S. i of NW. i; S. J, sec. 7 622.30 N. i; SE. i, sec. 9 480. 00 SW. iofNE. i; W. i; NW. i of SE. i, sec. 11 400.00 NW. iof NW. i; S. i of SE. i, sec. 15 120.00 NW. i of NE. i; SE. i of NE. i; N. i of NW. i; SW. i of NW. i; NE. iof SW. i; S.iotSW. i; SE. i, sec. 19 495.20 NW. i of NE. i; S. i of NE. i; NE. i of NW. i; SW. i of NW. i; W. iof SW. i; SE. i, sec. 21 440.00 SW. i of NW. i, sec. 23 , 40. 00 SW. i of SW. i; SE. i of SE. i; lot S, sec. 25 : IIL 82 N. iofNE. i; SW. iofNE. i; NW. i; NW. iof SW. i, sec. 29.... 320.00 W. iof NW. i; SW. i of SW. i, sec. 31 13L 90 SE. i of NE. i, sec. 35 40.00 Township 31, range 6: All sec. 1 646. 02 All sec. 3 651. 62 E. i of NE. i; NW. i of NW. i; S. i of NW. i; S. i, sec. 5 526. 24 All sec. 7 665. 76 All sec. 9 640. 00 All sec. 11 640. 00 All sec. 13 640. 00 Jill sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 666. 34 All sec. 21 640.00 All sec. 23 640.00 118 OKEGON AND GALIFOBNIA LAND GEANT. Township 31, range 6— Continued. ■^'"^■ N. *; SW. i; SW. i of SE. i, sec. 25 520.00 S.*, sec. 27. : :' 320.00 SE. }o£NW. }; NE. iof SW.i; N. J of SE. i, sec. 29 160.00 All sec. 31 664. 00 S. i, sec. 33 320.00 Township 32, range 6: N. i; N. i of SE. i, sec. 3 394. 14 All sec. 5 636. 80 NW. i, sec. 13. 160.00 NE.i; NE.iofNW.i; SW.iofSW-i; N.iofSE.J; SE.JofSE.i, sec. 15 360.00 E. 4, sec. 17 320. 00 NE. iofNW. i; lota 1, 2, 3, 4, sec. 19 244.48 All sec. 21 640. 00 NW. i; SE. iof SW. \; SW. i of SE. i, sec. 23 240.00 N.iof NW. i, sec. 25 80.00 SE. i of NE. i; SE. i, sec. 27 200. 00 All sec. 29 640. 00 Lot 1, sec . 35 15. 42 Township 33, range 6: N. i, sec. 1.-' 321,20 SE. iSW.i; SE. i, sec. 3 200.00 S. i of SE. i, sec. 5 80. 00 NW. iof NE.i; S. iof NE.i; NW. i; S. J, sec. 7 605.84 NW. i of SW. i, sec. 9 40. 00 Township 19; range 7: NE. iof SE. i; S. Jof SE. i; lot 4, sec. 19 143.02 Lots 3, 4, 5, 13, 14, sec. 21 197. 06 All sec. 29 640. 00 E. i; lots 1, 2, 3, 4, sec. 31 418. 82 All sec. 33 631. 60 Township 20, range 7: All sec. 5 773. 98 E. i; lotsl, 2, 3,4, sec. 7 371.98 All sec. 9 640. 00 S. i, sec. 13 320. 00 S. i of NE. i; NW. i; S. i, sec. 15 560. 00 All sec. 17 6iO. 00 E. i; lotal, 2, 3, 4, sec. 19 395.20 All sec. 21 640. 00 All sec. 23 640. 00 All sec . 25 640. 00 N. i; SW. i, sec. 27 480. 00 All sec. 29 640. 00 E. i; lotel, 2, 3,4, sec. 31 423.58 All sec. 33 640. 00 NE. i; S. i, sec. 35 480. 00 Township 21, range 7: All sec. 1 789. 60 All sec. 3 785. 83 S. i of SW. i; N. i of SE. i; lots 1 to 12, inclusive, sec. 5 630. 81 All sec . 7 600. 00 All sec. 9 640. 00 All sec . 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 610. 60 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 , 640. 00 All sec. 31 , 629. 98 All sec . 33 640. 00 All sec. 35 640. 00 OEBGON AND CALIFORNIA LAND GRANT. 119 Township 22, range 7: Acres. All sec. 1 668. 38 S. i of NE. i; N. i of SE. -i; SW. i of SE. i; SE. i of NW. i; E. i of SW. }; lots 1 to 7, inolusive, sec. 3 661. 32 All sec. 5 • 645. 13 NE. i; E. i of NW. }; NE. i of SW. i; N. i of SE. i; SE. i of SE. }; lots 1, 3, 4, sec. 7 470. 67 All sec. 9 631. 97 NE. }; S. i, sec. 11 480. 00 NE. i; SE. iofNW. i; NE. Jof SW. i; S.-JofSW.J; N.JofSE. i; SE. i of SE. i, sec. 13 440. 00 E. i; NE. Jof SW. i, sec. 15 360.00 NE. Jof NE. i; W. J of NW. i, sec. 17 120.00 Lots 8, 9, sec. 19 29.93 NE. J; NE. iofNW. i; S. J of NW. i; S. i, sec. 23 600.00 All sec. 25 582. 56 All sec. 27 640. 00 Lotsl, 2, 3, sec. 31 17.52 Lots!, 2, 7, 8; E. -J of SW. i; NE. i of SE. }, sec. 35 293.14 Township 23, range 7: S. i of N. i; S. i; lots 1, 2, 3, sec. 1 656. 40 S. i of NE. i; N. i of NW. i; N. i of SW. i; NW. i of SE. i, sec. 3. . 281. 26 Lots 2, 3, sec. 7 49. 10 Lots 7, 8, sec. 9 41. 70 Lots 4, 16, sec. 11 76. 13 All sec. 13 640. 00 Lots 4, 5, 6; NE. Jof SE. 1, sec. 15 137.00 W. iof W. J; lotsl, 2, 3,4,5, 6, sec. 17....' 358.97 Lots 6, 7, 8, 9; NE. i of NW. i; SW. i of NW. i; NW. i of SW. J, sec. 19 239.06 NW. i of NE. i; NW. i of NW. i; SE. i of NW. i; W. i of SE. i; SE. i of SE. i; lots 1, 3, 4, sec. 21 352. 95 Lots 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, sec. 23 526. 07 All sec. 25 ' 640. 00 Lots 5, 6, 7, 8, 10, 11, sec. 27 133.17 S. J sec. 31 320.00 Lot 3 ; S. i of SW. i, sec. 33 118. 20 Lotsl, 2, 3, 4, 7, 8, 9, 10, 11, 14, 15, 16, sec. 35 k,.... 482.95 Township 24, range 7: Lots 1, 4; SE. i of NE. i; SW. i of NW. J; E. J of SE. i, sec. 1. . . . 235. 67 Lots 9, 10, 11, 12, sec. 3 ■ 14^05 SW. i of NW. i; SW. i; W. J of SE. i, sec. 5 280.00 All sec. 7 661. 52 Lotsl to 12, inclusive, 14, 15, 16, sec. 9 608.91 Lots3, 4, 9; S. i of NW. i; SW. i; SW. i of SE. 1, sec. 11...: 386.32 Lotsl, 2, 3, 6, 7,8; S. i of SE. i, sec. 13 206.76 Lots 4, 5, 6, 7, 8, 9, 10, 11, 12; W. J of SW. i, sec. 15 390.59 Lots 1, 2, 3, 4, 5, 6; SE. i of NW. i; E. J of SW. i; N. i of SE. i; NE. i, sec. 17 : 600.60 W. Jof NE. i; NW. i; S. J, sec. 19 566.76 SE. iof SE. i; lotsl, 4, 5, 7, 11, sec. 21 188.88 All sec. 23 639. 52 All sec. 25 - 640.00 All sec. 27 609. 96 NE. i; NE. i of NW. i; E. i of SE. i; lots 4, 5, sec. 29 322 60 W. iof NW. i; S. J of SW. i, sec. 31 162.03 N.lofNE.i; SE.iofNW.i; N. Jof S. i; lotsl, 3,4, 5, 6, 7, sec. 33. 494.56 All sec. 35 640.00 Township 25, range 7: All sec. 1 --■- 659.68 All sec. 3 649.96 NE. i; NE. i of NW. i; S. i of NW.-i; SE. i of SW. i; SE. i of SE. i, sec. 5 355. 40 N. Jof NE. i; lotsl,2, 3, 4, 7, 8, 11, sec. 7 384.54 NE. i; lotsl,2, 3,-4, sec. 9 238.40 NE. i; S. Jof NW. i; S. J, sec. 11 560.00 NE.i; N.-JofNW.i; SE. Jof NW. i; SW. i, sec. 13 440.00 120 OREGON AND OAUPOB.NIA. LAND GBANT. Township 25, range 7 — Continued. Aoresi, N. 4 of NE. i; SB. i of NE. i; N. i of SE. i; lot 3, eec. 15 213. 33 All sec. 17 625. 36 All sec. 19 640. 64 Lots 5, 6; NE. iof SW. i;NW. iofSE. i; S. i of S. i, sec. 21 327.74 E. i of NE. J; NE-. i of SW. i; NW. i of SB. i, sec. 23 160. 00 SW. i of NE. i; NW. i; N. i of SW. i; SW. J of SW. i; lot 6, sec. 27. 356. 30 NE. i of NE. i; S. J of NE. i; NE. i of SW. i; S. J of SW. i; SB. i, sec. 29 400.00 E. i; E. J of SW. i, sec. 31 400 00 Lotsl, 2,3,4, 5, 6, 7; SW. i; NW. iof SB. i, sec. 33 491.74 Township 26, range 7: Lot 6, sec. 3 4. 90 All sec. 5 643. 04 All sec. 7 646. 02 NE. i;S. Jof NW. J;S. 4, sec. 9 560.00 S. i of SW. i; NE. i of SB. i, sec. 11 120 00 W. iof NW. i, sec. 15 80.00 All sec. 17 640. 00 All sec. 19 644.32 W. i of NE. i; W. i; NW. i of SE. J; S. i of SB. i, sec. 21 520 00 N. i of NW. i, sec, 27 80 00 All sec. 29 640 00 All sec. 31 636. 00 W. 4, sec. 33 320.00 Township 27, range 7: NE. iiSB. iof SW. i; W. 4 of SB. }, sec. 5 .- 278.72 All sec. 7. 633. 00 SE. iof NW. i; B. 4of SW. {; SE. i, sec. 15 280 00 NE, i; W. 4, sec. 17 480.00 All sec. 19 639. 90 NE. i;S. 4, sec. 23 480.00 NW. i of NE. i; SW. i of NW. i; N. 4 of NW. i, sec. 25 160 00 N. 4;SW. i;W. 4 of SE. i, sec. 27 560 00 N. 4 of NW. i, sec. 31 -. 82. 48 NB. i; E. 4 of NW. i; S. 4 of SW. i, sec. 33 320 00 Township 29, range 7: All sec. 1. . . ., 639. 40 Lotl;E.4of SW. i;NW. i of SB. i; S. 4 of SE. i, sec. 3 229.81 NB. i of NW. i; S. 4 of NW. i; NW. i of'SW. i, sec. 5 162.28 * S. 4 of NE. i; N. 4 of SW. i; SE. i of SW. i; SE. i; lots 1, 4, 5, sec. 9. 458. 67 All sec. 11 640 00 All sec. 13 640. 00 All sec. 15 640.00 SE. i of NW. i; NE. i of SW. i; NW. i of SE. i; S. 4 of SE. i, sec. 17. 200. 00 NE. i; NE. i of NW. i; S. 4 of NW. i; S. 4, sec. 19 617. 30 NB. i;N. 4of SE. i;SE. iof SE. i, sec. 21 , 280.00 N. 4; N. 4of SE. i;SE. i of SB. i; lots 1, 2, 3, 4, 5, 6, 7, sec. 27.... 598.68 NW. i;N. 4of SW. i, sec. 29 240.00 All sec. 31 664. 41 All sec. 33 640. 00 Township 30, range 7: S. 4 of NE. i; N. 4 of NW. i; W. i of SW. i; SB. i of SW. i; SE. i, sec. 1 420. 07 All sec. 3 643. 08 Lots 1, 2, 4; S. 4 of NE. i; SW. i of NW. i; SE. i or SW. i; S. 4 of SB. 4, sec. 5 339.11 SW. i of NE. i; W. 4; NW. i of SE. i; S. 4 of SB. i, sec. 7 52L 99 All sec. 9 640. 00 N. 4of NB. i;SE. i of NE. i; W. 4, sec. 11 '440.00 N. 4;SE. i, sec. 13 '. 480.00 All sec. 15 688. 23 All sec. 17 640. 00 All sec. 19 680. 71 All sec. 21 640. 00 All sec. 25 , 640. 00 W.4of B.4; W.4; SE. i of SE. i, sec. 27 520.00 OREGON AND CALIFORNIA LAND GffilANT. 121 Township 30, range 7 — Continued. Acres. All sec. 29 640. 00 All sec. 31 681. 60 N.i; N.Jof SE. J; SE. i of SE. i, sec. 33 440.00 « , N. 4; SW. i; N. i of SE. i; SW. i of SE. i, sec. 35 600.00 rTownship 31, range 7: NE. i; NE. iof NW. J; S. ^ of NW. J; S. 4, sec. 1 .'.... 605.69 NW. iof NE. i; S. iof N. J; NE. i of NW. i; S. i, sec. 3 560.00 S. i of N. i; N. i of SW. i; SE. i of SW. J; NW. i of SE. J; S. i of SE. i, sec. 5 400. 00 N. i; SW. i; W. i of SE. i; W. ^ of SE. i of SE. i; N. i of NE. i of SE. i; SW. i of NE. i of SE. i, sec. 7 603. 52 N. i of NE. i; SE. J of NE. i; NW. i of SW. i; S. i of S. i; NE. i of SE. i, sec. 9 369. 20 All sec. 11 649. 20 All sec. 13 640. 00 All sec. 15 640. 00 E. i; N. i of NW. i; W. 4 of SW. i of NW. J; NE. i of SW. J of NW. i; E. 4 of SE. i of NW. i; NW. J of SE. i of NW. i; S. i of SW. i; E. 4 of NE. i of SW. i; W. J of NW. i of SW. i, sec. 17 580. 00 All sec. 19 636. 40 All sec. 21 640. 00 All sec. 23 640. 00 N.i; N.iof SW. i; SE. i of SW. i, sec. 25 440.00 All sec. 27 640. 00 NW. i; S. 4, sec. 29 480. 00 All sec. 31 647. 68 All sec. 33 640. 00 W. 4of NE. i; S. 4, sec. 35 400.00 Township 32, range 7: All sec. 1 653. 76 i All sec. 3 657. 52 N. 4, sec. 5 328. 48 NE. J; SE. i of NW. i; S. 4 of SW. J; SW. i of SE. i, sec. 7 324.33 NE. i; S. 4, sec. 9 480.00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 NE. i; NW. i of NE. J of NW. i; SE. i of NW. i; W. 4 of NE. i of SW. i; SE. i of SW. i; NE. J of SE. i; E. 4 of NW. i of SE. J; S. 4of SE. i; lots 2, 3, 4, sec. 19 537.58 N.4; SW.i; S. 4 of SE. J, sec. 21 560.00 All sec. 23 640. 00 N.4; SW. i; W. 4 of SE. i, sec. 25 560.00 E. 4; E. 4 of SW. i, sec. 27 400. 00 S. 4of NE. i; NW. iofNE. J; NW. i; S. 4, sec. 29 600.00 All sec. 31 "- 642. 40 NW. i of NE. i of NW. i; NW. i of NW. i; S. 4 of NW. i; NW. i of NE. J of SW. i; SW. i of NW. i of SW. i; N. 4 of NW. i of SW. J; NW. i of SW. i of SW, i; S. 4 of NE. i of SE. J; E. 4 of SW. i of SE. i; SE. iof SE. i, sec. 33 260.00 N. 4; N. 4 of S. 4; SW. } of SE. i; SW. i of SW. h sec. 35 560. 00 Township 33, r^nge 7: Lots 3, 4; S. 4 of N. 4; S. 4, sec. 1 564.56 SW.iofNE.i-; SW.J; NW.JofSE.i; S. 4of SE. i, sec. 3 320.00 All sec. 11 640. 00 N. 4, sec. 13 320. 00 Township 19, range 8: All sec. 7 777. 16 W. 4, sec. 9 ' 320.00 SW. i of SW. i, sec. 11 " 40.00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 776. 80 All sec. 21 640. 00 All sec. 23 640. 00 122 OKEGON AND CALIFORNIA LAND GE ANT. Township 19, range 8 — Continued. •^"■'es. All sec. 25 640. 00 All sec. 27 : 640. 00 All sec. 29 640. 00 All sec. 31 r 779. 58 All sec. 33 640. 00 All sec. 35 640. 00 Township 20, range 8: All sec. 1 640. 39 All sec. 3 639. 20 All sec. 5 639. 30 All sec. 7 788. 39 All sec. 9 640. 00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640.00 NE. iof NW. i; SE. i of SW. J, sec. 17 80.00 E. i; lots, 1, 6, 7, 8, 9, 10, 11, 12, sec. 19 634.05 All sec. 21 640. 00 All sec. 23 640.00 All sec. 25 640. 00 All sec. 27 640. QO All sec. 29 640. 00 All sec. 31 788. 59 All sec. 33 640. 00 All sec. 35 640. 00 Township 21, range 8: All sec. 1 637. 99 All sec. 3 634. 60 All sec. 5 635. 76 All sec. 7 789. 80 All sec. 9 640. 00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 ■. 793. 60 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 797. 04 All sec. 33 640. 00 All sec. 35 640. 00 Township 22, range 8: All sec. 1 724. 92 Lots 1, 2, 3, 4, 5, 6, 7, 10, 11, 14, 15, sec. 3 462.44 Lots 2, 3, 4, 5, 6, 9, 10; SW. i of NW. i, sec.S 257.06 N. i of NW. \; SW. i of NW. \; NW. \ of 8W. \; lots 3, 6, 7, 8, 9, 10, 11, sec. 7 301. 60 SW. i of NW. i; NW. i of SW. i; lots 9, 10, 11, 12, 16, sec. 9 180.79 Lotsl, 2,3, 7, 8, 9, 10, 11, 14, 15, 16, sec. 11 463.50 Lots 9, 10, sec. 15 25.'30 Lotsl, 2,3; N. JofNE.i;SW.iofNE.l;W. J;W. iofSE.i, sec.l7 566.77 All sec. 19 679. 45 Lots 7, 14, sec. 21 2.42 Lots 8, 9, 10, 11, sec. 23 11.00 NE. i; W. iof NW. i, sec. 25 240.00 Lots 2 to 12, inclusive, sec. 27 459.65 W. i of W. i; lots 1, 2, 3, sec. 29 206.89 All sec. 31 692. 69 Lot 1; S. i of NE. i; NW. i; NE. i of SW. \; S. i of SW. \, sec. 33. . . . 395.20 Township 23, range 8: Lots 7, 9, sec. 1 5. 30 Lotsl, 2, 3; S. i of N. J; S. J, sec. 3 613.67 AH sec. 5 669. 48 OKEGON AND OAUFOKNIA LAND GBANT. 123 Township 23, range 8 — Continued. Acres. E. i; lots 7, 10, 11, 12, sec. 7 47.3.41 All sec. 9 640. 00 Lots 1, 5, 7; W. i of W. i; SE. i of 8W. i; S. i of SE.i, sec. 11 376.36 Lots2, 3, 4; S. iof N. J; S. i, sec. 13 604.39 All sec. 15 • 640. 00 All sec. 17 640. 00 AH sec. 19 772. 00 All sec. 21 640. 00 N. i of N. i; SE. i of NW. i; S. i, sec. 23 520. 00 SE.iofNE. i; NW. iofNW. i; SW. i; S. J of SE. i, sec. 25 320.00 All sec. 27 640. 00 All sec. 29. : . . 640. 00 All sec. 31 775. 98 All sec. 33 640. 00 All sec. 35 640. 20 Township 24, range 8: All sec. 1 653. 74 All sec. 3 650. 46 All sec. 5 644. 94 Lofal, 2, 3, and 4; E. i, sec.7 484.38 All sec. 9 640. 00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 Lots 1, 2, 3, and 4; E. i, sec. 19 490. 40 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 Lotsl, 2, 3, and 4; E. i, sec. 31 493.18 All sec. 33. 640. 00 All sec. 35 641. 92 Township 25, range 8: All sec. 1 636. 80 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 21 640. 00 All sec . 23 640. 00 All sec . 25 640. 00 All sec . 27 640. 00 All sec. 33. ... - 640. 00 All sec. 35 640. 00 Township 26, range 8: SE. i of NE. i; S. i of NW. i; SW. i; NE. i of SE. i; S. i of SE. i; lots 3 and 4, sec. 1 477. 75 All sec. 3 639. 92 All sec . 5 642. 40 All sec. 7 640.80 All sec. 9 640. 00 All sec. 11 640. 00 All sec. 13 640.00 AH sec. 15 640. 00 All sec. 17 640. 00 All sec. 19..... 641.04 All sec. 21 640.00 All sec. 23 - 640. 00 All sec. 25 : 640. 00 All sec. 27.. - .- 640.00 All sec. 29...... 640.00 All sec. 31.. . . . .-. 640. 92 All sec. 33....... 640.00 All sec. 35......... 640.00 124 OKEGON AND OAUFOBNIA LAND GKANI. Township 27, range 8: All sec. 1 ,. - , All sec. 3 All sec. 5 ■ ■ - All sec. 7 -: ■ ■ All sec. 9 ■■ All sec. 11. -. , - - All sec . 13 - All sec. 15 All sec. 17 All sec . 19 All sec. 21 : All sec. 23 All sec. 25 All sec. 27 All sec . 29 All sec. 31 All sec. 33 All sec. 35 Township 29, range 8: E. i of NE. i; W. i of NW. i; NW. i of SW. i; S. i of SW. i; SE. i, sec. 13 - - SE. i, sec. 15 SE. i of SE. i, sec. 17 All sec. 21 All sec. 23 All sec. 25 All sec . 27 E. i; E. i of SW. }, sec. 29 S. Jof N. i; S. i; lots 1, 2, 3, 4, sec. 31 All sec. 33 All sec. 35 Township 30, range 8 : All sec. 1 , All sec. 3 All sec. 5 All sec. 7 All sec . 9 All sec. 11 ■ S, iof N. i; S. h sec. 13 All sec. 15 All sec. 17 ' All sec. 19 All sec. 21 All sec. 23 E. *; N. iof NW. i; E. * of SW. i, sec. 25 All see , 27 All sec. 29 All sec. 31 All sec. 33 All sec . 35 Township 31, range 8: All sec. 1 All sec. 5 All sec. 7 All sec. 9 All sec. 11 All sec. 13 All sec. 15 All sec. 17 All sec . 19 = All sec. 21 All sec . 23 All sec. 25 Ail sec . 27 All sec. 29 All sec. 31 All sec . 33 All sec. 35 Acres. 633. 84 639. 80 639. 68 639. 36 640. 00 640. 00 640. 00 640. 00 640. 00 639. 68 640. 00 640. 00 640. 00 640. 00 640. 00 639. 60 640. 00 640. 00 440.00 160. 00 40.00 640. 00 640. 00 640. 00 640. 00 400.00 607. 73 640. 00 640.00 606. 20 622. 63 644.72 700.44 MO. 00 640.00 480. 00 640.00 640.00 704.00 640.00 640.00 480. 00 640.00 640.00 707. 74 640.00 640. 00 639. 96 606.01 744. 84 640.00 640. 00 640.00 640.00 610.00 751. 84 640.00 640. 00 640.00 640.00 640.00 743. 20 640.00 040.00 OREGON AND CALIFORNIA LAND GRANT. 125 Township 32, range 8: N. i; SW. J; N. i of SE. J; SW. i of SE. i, sec. 1 All sec. 3 All sec. 5 All sec. 7 All sec. 9 All sec. 11 All sec. 13 All sec. 15 All sec. 17 ; All sec. 19 All sec. 21 , All sec. 23 All sec. 25 All sec. 27 All sec. 29 N. * of NE. i, see. 31 All sec . 33 All sec. 35 ; Township 19, range 9: All sec. 9 ■ All sec. 11 All sec. 13 „ All sec. 15 E. i; E.^ofW. i; SW. i of SW. i, sec. 17 ' E. i; E. iofW. J, sec. 19 All sec. 21 All sec. 23 All sec. 25 All sec. 27 All sec. 29 All sec. 31 All sec. 33 All sec. 35 Township 20, range 9: S. i of NW. i;. W. i of SW. J; lots 1 to 14, inclusive, sec; 1 .- N. i of NE. i; SW. i of NE. i; NW. i; NW. i of SW. i; NE. J of SE. J, sec. 11 E. i of NW. i; SW. i; lots 1 to 12, inclusive, sec. 13 NW. i of NE. 1; NW. i; N. i of SW. }; E. i of SE. J, sec. 15 All sec . 17 All sec. 19 W. i; SE . i of SE. i, sec. 21 All sec. 23 NW. i; lots 1 to 12, inclusive, sec. 25 NE. i; N. i of NW. i; SE. i of NW. i, sec. 27 N. i of NW. i, sec. 29 S. J of NE. i; E. i of NW. J; NE. J of SW. J; lot 2, sec. 31 NE. iof.NE. i; SW. i; SW. i of SE. }, sec. 33 NE.JofNE.i; S. J of N. i; S. J, sec. 35 Township 21, range 9: All sec. 1 S. iof SW. i; NW. Jof SE.i; lotsl, 2, 3, 4, 6, 7, 8, 9, 10, 15, 16, sec. 3. E. iof E. i; NE. i of SW. i; SW. i of SW. J, sec. 5 All sec. 7. All sec. 9 - - - All sec. 11 All sec. 13. All sec. 15. All sec. 17. All sec. 19. All sec. 21.. All sec. 23. All sec. 25. All sec. 27. All sec. 29. All sec. 31. Acres. 600. 80 645. 41 653. 08 631.62 640. 00 640. 00 640. 00 640. 00 640. OO 637. 79 640. 00 640. 00 640. 00 640. 00 640: 00 80.00 640. 00 640. 00 640. 00 640. 00 800. 80 640. 00 520. 00 480. 00 640. 00 640. 00 800. 00 640. 00 640. 00 640. 00 640. 00 640. 00 717. 47 360. 00 712. 38 360. 00 640. 00 640. 00 360. 00 640. 00 628. 92 280. 00 80.00 239. 19 240. 00 520. 00 906. 19 472. 08 240. 00 828. 40 898. 36 640. 00 657. 20 640. 00 640. 00 645. 88 640. 00 640. 00 650. 55 640. 00 640. CO 642. 78 1-26 OREGON AND CAUPOKNIA LAND GRANT. Township 21, range 9— Continued. Acres. All sec. 33 640. 00 All sec . 35 - - 640. 00 Township 22, range 9: All sec. 1 626. 33 All sec . 3 - 629. 94 S. i of NE. J; SE. i of NW. i; NE. i of SW. i; N. i of SE. i; lots 1, 2, 3, 4, 5, 6, 9, 10, sec. 5 468.86 Lots 6 to 16, inclusive, sec. 7 525.88 S. * of NE. i; SE. i of NW. i; SE. J; lots 3, 4, 5, 6, 7, 8, 9, sec. 9. . . 569. 60 N. i; SW. i; N. i of SE. i, sec. 11 560.00 S. iof SE. }; lots 5, 6, sec. 13 149.00 N.iof NE. J; SW. iof SW. i; lots 8, 9, sec. 15 160.31 NW. iof SW. i; SW. iof SE. i; lot 7, sec. 17 112.20 NE. i of NE. i; NE. i of SW. i; E. J of SE. i; lots 1, 2, 3, sec. 19. . 328. 25 SE. i of NE. i; E. i of SW. i; W. i of SE. i; lots 4, 5, 6, sec. 21. . . . 328. 44 N. i; SW. i; W. J of SE. J, sec. 23 560.00 All sec. 25 640. 00 All sec. 27 610. 56 All sec. 29 593. 44 N. i; SW. 1, sec. 31 .' 481. 76 N. i of NE. i; SW. i of NE. i; NW. i; N. i of SW. i; SW. i of SW.i; SE. 1 of SE. i, sec. 33 440.00 AH sec. 35 678. 38 Township 23, range 9: All sec. 1 640. 60 Lot 4; S. iof N. i; S. J, sec. 5 520.40 NE. i of SW. i; lots 5, 6, 7, 10, 11, 12, 13, 14, 15, 17, 18, sec. 7 492. 51 SW. i of SW. i, sec. 9 40. 00 SW. i of NE. i, sec. 11 40.00 SW. iof SE. J; lots 9, 10, 16, 17, 18, sec. 13 233.02 SW. J, sec. 17 160.00 S.J, sec. 19 317.55 E. i; lotsl, 2, 3,4, sec. 21 380.52 NW. i, sec. 23 160. 00 All sec . 25 640. 00 All sec. 27 640. 00 NW. i; N.iofSW.J; lotsl, 2, 3, 4, 5, 6, sec. 29 334.67 All sec. 31 633. 56 All sec. 33 654. 40 All sec. 35 643. 84 Township 24, range 9: All sec. 1 635. 88 All sec. 3 629. 89 All sec. 5 638. 96 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 35 640. 00 Township 26, range 9 : All sec. 1 654. 28 AH sec. 3 663. 20 AH sec. 11 640. 00 AH sec. 13 640. 00 AH sec. 15 • 640. 00 AU sec. 23 640. 00 AH sec. 25 640. 00 AH sec. 27 640. 00 AH sec. 35 640. 00 Township 29, range 9: NW. i of SE. i, sec. 1 40.00 NE. i; S. iof NW. i; W. i of SW. i, sec. 13 320.00 N.i; SW.i; NW. J of SE. J, sec. 23 520.00 All sec. 27 640. 00 NW. i of NE. i; S. i of NE. i; NW. i of NW. i; S. i of NW. {; S. i, sec. 35 560.00 OHEGON AJTD OAUFOBNIA L.AND GRANT, 127 Township 30, range 9: Acres. All sec. 3 630. 22 All sec. 5 626. 32 All sec. 7 .' 650. 12 All sec. 9 640. 00 All sec. 13 640. 00 S-. Jof N.i-; S. i, sec. 17 480.00 All sec. 19 652. 78 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 655. 64 All sec. 33 640. 00 All sec . 35 640. 00 Township 31, range 9: All sec. 1 561. 84 All sec. 3 567. 00 N. i; SE. J, sec. 5 409.44 S. iof NE. i; E. ^of NW. i; lot 1, sec. 7 200.33 All sec. 9 640. 00 All sec. 11: '. • 640. 00 E. iof E. i; W. i, sec. 13 480.00 All sec. 15 640. 00 E. i; N. i of NW. i; SE. i of NW. J; S. ^ of SW. i, sec. 17 520.00 All sec. 21 640. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 , 640. 00 NE. i; S.i, sec. 29 480.00 All sec. 35 640. 00 Township 19, range 10: SE. J, sec. 25 160.00 Township 20, range 10: All sec. 1 709. 98 E. iof NE. i; S. i, sec. 11 400.00 All sec. 13 640. 00 N. i; NE. iof SW. J; SE. i, sec. 23 520.00 N. iof NW. i; SW. Jof NW. i; W. i of SW. i, sec. 25 200.00 N. i of NE. i; SW. i of NE. i; E. i of NW. i; W. i of SE. i, sec. 27.. 280. 00 W. J of NE. i; N. i of NW. i; SE. i of NW. J; lots 1, 2, 3, 4, sec. 35. 361. 32 Township 21, range 10: E. iofNE. i; SE. iof SE. i, sec. 9..: 120.00 NE. i; E. Jof NW. i; S. J, sec. 15 560.00 NE. i, sec. 21 - 160.00 Township 22, range 10: All sec. 1 745. 76 S. i; lots 1 to 12, inclusive, sec. 3 745. 00 All sec. 9 640. 00 All sec. 11 640. 00 N. *ofNE. i;SW. iofNE.i;NW. i;NW.iof SW.i;lot 6, sec. 13.. 356.66 SW. i of NE. i; SE. i of NW. i; NW. i of SW. i; SE. J of SE. J; lots 1, 11,12, 13, 14, 15, sec. 15 401.07 All sec. 21 594. 28 SW. i of NE. i; E. i of NW. i; NE. i of SW. i; N. i of SE. i; lots 5 to 11, inclusive, sec. 23 494. 56 NE. i of NW. i; W. i of W. i; SE. i of SW. i, sec. 25 240. 00 All sec. 27 640. 00 E. i; E. i of W. i, sec. 33 480. 00 Lotsl,2,3,4; S.iofN.J; W.JofSW.i; N. Jof SE.i, sec. 35 479.20 Township 23, range 10: All sec. 1 952. 09 Lot 1; SE. i, sec. 11 164.42 NE. i, sec. 13 160. 00 All sec. 23 640. 00 All sec. 35 : 640.00 Total Douglas County 616,843.14 128 OKBGON AND OAUFOKNIA liANB GRANT. Coos County. J [South of base line and west of Willamette meridian.] Township 26, range 9: All sec. 5 All sec. 7 All sec. 9 All Bee. 17 All sec. 19 All sec. 21 ■ All sec. 29 N.i; SE.iof SW.i; SE. J, sec. 31 All sec. 33 Township 27, range 9: All sec. 1 All sec . 3 All sec. 5 N. i, sec. 7 All sec . 9 All sec. 11 All sec . 13 All -sec. 15 All sec. 17 All sec. 19 All sec. 21 All sec. 23 All sec. 25 All sec. 27 All sec. 29 All sec. 31 All sec. 33 All sec. 35 Township 24, range 10: All sec. 1 All sec. 3 Lotl; SE. iofNE. i; E. i of SE. i, sec. 5 All sec. 9 All sec. 11 All sec. 13 All sec. 15 E. i, sec 17 All sec. 21 All sec. 23 -; All sec. 25 All sec. 27 ,. . E. J, sec. 29 All sec. 33 All sec. 35 Township 25, range 10: All sec. 1 All sec. 3 NE. i; NE. iof NW. i; S. i of NW. i; S. i, sec. 5 '. E. J, sec. 7 N. \ of NE. }; SE. \ of NE. }; NE. i of SW. }; S, i of SW. \; SE.i, sec. 9 All sec. 11 All sec. 13 All sec. 15 E.J; NE. iofNW. i; NW. i of SW. i; S. i of SW. }, sec'l?".;!!;; All sec. 19 AH sec. 21 All sec. 23 Allsec.25 NE. J of NE. }; W. i of E. i; W. i, sec. 27 All sec. 29 Allsec.31 ■""■; -- All sec. 33 All sec. 35 Acres. 647.00 612. 00 640. 00 ,640.00 614.00 640.00 640. 00 507. 00 640 00 664. 00 672. 00 684.00 322. 00 640.00 640.00 640. 00 640 00 640.00 641. 36 640.00 640 00 640. 00 640 00 640 00 641.00 640 00 640. 00 623.00 587.00 145.00 640.00 640. 00 640.00 640.00 320.00 640.00 640.00 640.00 640. 00 320.00 640.00 640.00 637.00 634. 00 597. 00 320 00 400.00 640.00 640.00 640.00 480. 00 821.00 640,00 640.00 640. 00 520.00 640.00 834. 00 640.00 640.00 OEBGON AND CAljIF0K2>riA LAND GBANT. 129 Township 26, range 10: Acres. All sec. 1 , . . 681. 00 All sec. 3 683. 00 All sec. 5 678. 00 All sec. 7 690. 00 All sec. 9 640. 00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 19 687. 00 N. i, sec. 21 320. 00 All sec. 23 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec. 29 640. 00 All sec. 31 : : 692. 00 All sec. 33 640. 00 N.J; SW. i, sec. 35 480.00 Township 27, range 10: E. iof NE. i; SE. i, sec. 1 240.00 All sec. 3 644. 00 All sec. 5 640. 00 All sec. 7 717. 00 N. J, sec. 9 320. 00 All sec. 11 640. 00 All sec. 13 640. 00 All sec. 15 640. 00 All sec . 17 640. 00 All sec. 19 744. 00 All sec . 21 640. 00 All sec. 23.. - 640. 00 All sec. 25 640. 00 All sec. 27 640. 00 All sec . 29 640. 00 All sec. 31 777. 00 All sec. 33 640. 00 All sec. 35 640. 00 Township 29, range 10: Lots 6, 7, 10, 11, sec. 7 160.00 All sec. 13 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 All sec. 21 640. 00 N. i, sec. 23 320. 00 NE. }, sec. 25 160.00 NW. i; NE.iof SW. i; S. i of SW. i, sec. 27 280.00 All sec. 29 640. 00 All sec. 31 781. 00 NW. iof 8W. i; S. i of S. i, sec. 33 200.00 SW. i, sec. 35 160.00 Township 30, range 10: All sec. 1 625. 00 Lots 1,2; NW. Jof SW. i; NE. i of SE. i; S. i of S. J, sec. 3 313.00 All sec . 5 621. 00 All sec. 7 798. 00 N. i; SW. i; E. Jof SE. i, sec. 9 560.00 N. Jof N. i; NE. }of SW. i; S. J of SW. i; SE. J, sec. 11 440.00 N. Jof N. J; NE. iof SE. i, sec. 13 200.00 S. J of SW. i; SW. i of SE. i, sec. 15 120. 00 All sec. 17 640. 00 All sec. 19 801. 00 SE. iof SW. }; E.i, see. 21 360.00 SE. i of SW. i; SW. i of SE. i, sec. 23 • 80.00 N. -Jof NE. i; SE. iof NE. J; SE. i of SE. i, sec. 25 160.00 47197—12 9 ISQt OBEGON AND 0AI/IFOBNIA L,ANI> GRANT. Township 30, range 10 — Continued. ■*■ Lot 3. sec. 19 , 22. 9& 158 OREGON AND CAUFORNIA LAND GRANT. Township 3, range 2: Acres. N. i of N. i; SW. i of NW J; N. J of SW. i of SW. i; NW. i of ; SE. i, sec. 3 362.58 All sec. 5 635. 90 N. i; W. Jof SW. i, sec. 7 400.20 NE. i; N. J of NW. i; SE. i of NW. i; NE. i of SW. i; N. i of SE. i, sec. 9 400. 00 NW.iof NE.i; NE. i of NW. i, sec. 11 80.00 W. J of SW. i, sec. 15 80. 00 E. iof SW. i, NE. Jof SE. i, sec. 17 120.00 Township 4, range 2: All sec. 7 612. 96 N. 4 of SE. i; SE. J of NE. i, sec. 27 120. 00 All sec. 29 640. 00 All sec. 31 1 621. 42 SE. iof NW. i; NE.iof SW. i; S. i of SW. i, sec. 33 160.00 Township 5, range 2: All sec. 31 636. 90 Township 3, range 3: All sec. 1 637. 86 All sec. 11 640. 00 Township 4, range 3: Lotsl, 2, 3, 4; S. i sec. 1 512.36 All sec. 3 i 660. 81 All sec. 5 667. 00 E. i sec. 7 320. 00 All sec. 9 640. 00 All sec. 11 640. 00 All sec. 15 640. 00 All sec. 17 640. 00 E. i sec. 19 320. 00 All sec. 21 640. 00 All sec. 23 : . 640. 00 All sec . 25 640. 00 All sec. 27 640. 00 All sec. 29 ." 640. 00 E. i sec. 31 320. 00 All sec . 33 640. 00 All sec. 35 ; 640. 00 Township 5, range 3: E. i sec. 31 320. 00 All sec. 33 640. 00 All sec. 35 640. 00 Total Columbia County 17, 678. 83 Tillamook County, Oreg. [South of base line and west of Willamette meridian.] Township 1, range 6: NE. J; SE.Jof NW. i; S. i sec. 19 531.00 Township 2, range 6: N.iof SW. i; SE. iof SW. i; W. J of SE. J, sec. 19 200.00 Township 3, range 6: All sec. 7 667. 00 All sec. 19 666. 00 All sec . 31 665. 00 Township 4, range 6: All sec. 7 : 662. 00 Township 1, range 7: S. i of SW. J sec. 23 80. 00 NE.i; SE.iof NW. J; N. i of SE. J, sec. 25 280.00 E. isec. 27 320.00 S . J of SW. i sec . 31 70. 00 Township 3, range 7: S. i sec. 5 320. 00 All sec. 7 646. 00< All sec. 9 682. 00 OREGON AND CALIPOENIA LAND GRANT. 159 Township 3, range 7 — Continued. All sec . 11 All sec . 13 All sec. 15 All sec. 17 All sec. 19 All sec. 21 All sec. 23 All sec . 25 All sec. 27 All sec . 29 All sec. 31 All sec. 33 All sec. 35.. TbwnsHp 4, range 7: All sec. 1 All sec. 3 All sec. 5 All sec. 7 All sec. 9 All sec. 11 All sec. 13 N. i; N. i of SW. i; SE. i of SW. i; SE. i, sec. 15 N. ^ of N. i, sec. 17 Township 1, range 8: Lot 3, sec. 1 W. i of W. i, sec. 23 W. * of NE. i; SW. i of SW. i; NW. i of SE. }, sec. 25 SW. i of NE. i; SE. i of NW. i; E. i of SW. i; W. i of SE. i, sec 27. . Township 2, range 8: W. i of NW. }, sec. 13 E. ^ of SW. i; S. i of SE. i, sec. 21 W. A of W. i, sec. 27 NE. i; NE. i of NW. i; S. i of NW. i; S. h sec. 33 Township 3, range 8: SW. i; S. i of SE. i, sec. 1 All sec. 3 All sec. 9 ;j All sec. 11 * All sec. 13 S. i of NE. i; NW. i; S. i, sec. 21 All sec. 23 All sec. 25 All sec. 27 All sec. 33 All sec. 35 Township 4, range 8 : N. i of N. il SE, i of NE. }; SW. i of SW. i; SE. h sec. 1 N. J of N. i; NE. i of SW. }; S. i of S. J, sec. 3 E. |;E. ^of W. J, sec. 9 All sec. 11 N. i of N. i, sec. 13 N. i of N. i, sec. 15 Total Tillamook County 29 Washington County, Oreg. [North of base line and west of Willamette meridian.] Township 2, range 2: SE. \ of SE. i, sec. 5 N. J of NW. i; SW. i of NW. i, sec. 7 N. i of SW. i, sec. 9 N. i of NE. i; NE. i of NW. i, sec. 19 ■- SE. i of NE. i; N. i of SW. i, sec. 21 SW. i of NE. i, sec. 29 Acres. 640. 00 640. 00 640. 00 640. 00 645. 00 660. 00 640. 00 640. 00 640. 00 640. 00 644. 00 640. 00 640. 00 642. 00 644. 00 642. 00 641. 00 640. 00 640. 00 640. 00 600. 00 160. 00 24.00 160. 00 160. 00 240. 00 80.00 160. 00 160. 00 600. 00 240. 00 650. 00 640.00 640. 00 640. 00 560. 00 640. 00 640. 00 640. 00 640. 00 640. 00 400. 00 360. 00 480. 00 640. 00 160. 00 160. 00 741. 00 40.00 123. 00 80.00 120. 00 120. 00 40.00 160 OEEGON AND CALIFOKNIA LAND GBANT. Township 3, range 2: Acres. E. i of NE. i; NW. i of NW. i; S. i of NW. i; S. i, sec. 19 520. 00 All sec. 21 • '. - 640. 00 N. i; N. i of SW. i; SW. i of SW. i; SE. i, sec. 29 600. 00 NW. i of NE. i; S. i of NE. i; NW. i; S. i, sec. 31 601. 00 SE. i of SE. J, sec. 33 40. 00 Township 2, range 3: W. i of NE. i; NW. i; N. J of SW. i; SE. i of SW. i; SE. i sec. 1 . . . . 523. 00 SW. i of NE. i; NW. i; NE. i of SW. i; NW. i of SE. i, sec. 3 284. 00 All sec. 5 662. 00 W. i of SW. i, sec . 9 80. 00 NE. i of NE. i; SW. i of NW. i; SW. i of SW. J, sec. 11 120. 00 NE. i of NE. i; NE. i of NW. i; SE. i of SW. i, sec. 13 120.00 W. Jof NE. i;SE. isec. 17 240.00 S. iof NE. ijN.Jof SE. i, sec.21 160.00 SE. iof SE. i, sec. 23 40.00 Township 3, range 3: All sec. 3 ■ . - - 639. 00 All sec. 5 640. OO E. i, sec. 7 - 320.00 All sec. 9 640. 00 N. i;SW. i;N. i of SE. i, sec. 13 560.00 E. I of NE. }; N. i of SW. i, sec. 15 160. 00 NW. iof NE. ijS.iof NE. i;NW. i;S. i, sec. 17 600.00 E. i, sec. 19 320.00 E. J;N. iof NW. i;SW. i of NW. i; E. ^ of SW. i, sec. 21 520.00 N.J; N. iof SW. i;SW. iof SW. i, sec. 23 440.00 W. i;E. iof SE. i, sec. 25 400.00 All sec. 27 640. 00 E. iof NE. i; NW. i; W. i of SW. i, sec. 29 320.00 E. i, sec . 31 320. 00 NE. iof NE. i; S. i of NE. J, sec. 33 120.00 NE. i;NE. iof NW. i; S. Jof NW. i; S. i, sec. 35 600.00 [South of base line and west of Willamette meridian.] Township 1, range 5: W. i, sec. 3 320. 00 S. iof NE. i; N.fof SE. i, sec. 5 160.00 E. iof E. i; N.iof SW. i, sec. 9 - 240.00 N. iof NW. i, sec. 15 80.00 NE. i; S. i, sec. 19 482.00 All sec. 29 640. 00 N. iof NE. };W. i, sec. 31 406.00 Township 1, range 6: E. iof NE. i;NE. iof SE. i, sec. 25 120.00 All sec . 29 640. 00 Total Washington County 15, 480. 00 (None of the above-described lands in township 1 south, range 5 west, have ever been patented, with the exception of those described as situated in section 15; but all of said lands are listed in the annual tax return made by the defendant Oregon & Cali- fornia Railroad Co., and are therefore included in this schedule.) Multnomah County, Oreg. [North of base line and west of Willamette meridian.] Township 2, range 2: Acres. N. i of NE. i; W. i of NW. i, sec. 3. . . , 167. 00 SE. iof SW. i, sec. 15 40.00 Township 3, range 2: S. i of NE. i; N. i of NW. i; S. i of SW. i; SE. i, sec. 27 400. 00 N. i, sec. 35 320.00 Total Multnomah County 927.00 OEEGON AND CAUFOUNIA LAND GRANT. 161 Yamhill County, Oreg. [South of base line and west of Willamette meridian.] Township 2, range 6: Acres. All sec. 21 642 47 E. i; NE. i of NW. }, sec. 29 36o! 00 NW. i; W. i of NE. i, sec. 33 240. 00 Township 3, range 6; N. i, sec. 5 320. 64 Total Yamhill County : 1, 563. 11 Committee on the Public Lands, House of Representatives, Saturday, May 25, 1912. The committee was called to order at 11 a. m., Hon. Joseph T, Robinson (chairman) presiding. The Chairman. Representative Hawley, from the State of Oregon, is present and will address the committee on H. R. 22002. STATEMENT OF HON. WILLIS C. HAWLEY. Mr. Hawley. Mr. Chairman and members of the committee, I will not take much of your time, for the reason that Mr. Townsend, a special United States Assistant Attorney General, appeared here and presented the legal features of the bill. Mr. Dixon later represented those directly interested in the bill. The land granted lies in the western portion of Oregon and extends from Portland to the California line, and through three valleys, the Willamette Valley, the Rogue River Valley, and the Umpqua Valley. The railroad company was to receive the odd-numbered sections for 20 miles on each side of the road, and in case the lands within that 20-mile strip oa either side had been previously disposed of the company had the right to make lieu selections within strips 10 miles wide outside of the 20-mile strip. The road was built after many years, and it ran through the best part of the State of Oregon. The grant included all kinds of land, and I doubt if Congress, at the time the grant was made, knew very much about the character of the lands they were granting. I suppose Congress thought they were mostly agricultural, and for that reason Erovided they should be disposed of to settlers. The valley lands had een largely disposed of, consequently the company went into the lieu limits on the outside to take lands. Much of the lieu land was timbered, especially in the southern portion of the State. No one made any complaint of the raih-oad company as long as they disposed of the land; in fact, I suppose few of the people of the State of Oregon knew of the conditions attaching to the grant. The State of Oregon has suffered a great deal from these land grants — wagon-road and railroad land grants — a very considerable portion of the entire domain in the State being granted for the construction of railroads and wagon roads. So when this grant was made no one, I think, paid any particular attention to the specific wording of it, more than that the general grant had been made for the construction of a rail- road. For a while the railroad company disposed of the land they had in small and large tracts; people went on them, buUt homes and 47197—12 11 162 OREGON AND CALIFOBNIA LAND GEANT. small towns; lumber companies in more recent years have acquired some of the lands for the purpose of developing the natural resources of the State. That was the reason the grant was made in the form it was made. The railroad company would receive a subsidy if they sold the land at a maximum price of $32,000 for every mile of road they constructed, and $32,000 per mile would have constructed, on an average, a better road than was buUt by the company when they first buUt their line and acquired their grant. The Government, at the close of the Civil War, had an enormous debt, and no money in the Treasury, and no means of getting very much revenue even for the maintenance of the Government. And the Government, in order to aid the develop- ment of the State of Oregon — ^which State had taken care of itself during the Civil War and furnished soldiers not only to maintain peace in the State, but in the surrounding States where the Indian tribes were inclined to be rebellious when the Government was in that great struggle — made this grant to encourage the development of Oregon by the construction of a railroad and the settlement of the country. The three vallevs mentioned are separated from the coast by moun- tain ranges whicn would average probably 50 or 60 miles wide, and from each other by mountains, so the oiily feasible way to get the products of the people out of the valleys was to get them out by rail. Until 15 years ago timberland, as timberland, was of no special value except to the lumber companies. I can remember withm 20 years, when if a man had to take a piece of timberland in settlement of a debt, he was rather inchned to believe he had "otten a bad bargain at that time, if it was an isolated tract and no lumber mill close by the land. About the year 1900 considerable attention was paid through the Eastern States to the development of Oregon. We began to receive large numbers of people from the Eastern States, and demand was made for the purchase of this railroad land. You will note that we. grew, from 426,000 to 672,000 within the last 10 years, an increase in our population of more than 50 per cent. This immigration made a demand for this land, because it was comparatively close to the rail- road. This demand increased the value or the land, and the railroad company began to refuse selling the land, and I know hundreds of . instances where men have gone or sent agents or representatives to the railroad offices in San Francisco with particular descriptions and applications to buy particular pieces of land and with the money required by the law to be paid and were uniformly refused. The people of the State then began to ask. Are we to be always handi- capped by this holding out of use all this land, none of which is more than 30 miles away from the railroad ? Adjoining the city of Grants Pass, a town of about 6,000 people, I am told there is a whole section of land over which the town would naturally grow. It has grown up around it. Down on the Applegate there are 16,000 acres of agricul- tural or grazing land in one general body that can not be secured. I could cite many other instances. At a public meeting held in the State of California at the capital city, Sacramento, the question was asked Mr. Harriman what he intended to do with these lands. He said they intended to hold them as a forest reserve of their own. Further attempts on the part of the OREGON AND CALIPOROTA LAND GEANT. 163 people to make use of these lands showed that such was the policy of the company. As a result of an agitation, the legislature adopted a memorial to (jongress. And Congress passed a resolution in the first part of the Sixtieth Congress which is the basis of the present suit of the Government against the railroad. It was no iU will of the people against the railroad company that caused that action, but it was the pressure of the people for the opportunity to develop the natural resources of the county. When tne resolution was pending before this committee and before Congress, various attempts were made to incorporate in that resolution relief for those who had acquired lands of the railroad company, but, as Mr. Townsend so ably explained, it was thought impossible to do so without jeopardizing the suit of the Government. Mr. Townsend said there was no intention, so far as he knows, on the part of the Department of Justice to interfere with those who held less than a thousand acres, and that some 46 suits had been instituted against those who held more than a thousand acres. These men who hold more than a thousand acres acquired their lands from time to time at the price the railroad company was willing to sell them for. Mr. Townsend went into an exhaustive argument as to the history of the transfer. Mr. Ferris. What percentage of those landholdings of less than 1,000 acres each was bought in and conformed with the grant? Mr. Hawlet. I think the greater portion of them. Mr. Ferris. Within the price of $2.50 per acre? Mr. Hawley. Yes. Mr. Ferris. You think the greater portion of them was ? Mr. Hawley. That is my impression. I have not the figures to justify that now, but that is my impression. Mr. Ferris. Is there anything in Mr. Townsend's statement, or in the record anywhere, to show just what lands were purchased within the law and what outside the law ? Mr. Hawley. I think Mr. Townsend was asked by the committee to furnish a schedule of the land. Mr. Graham. I think he stated most of it was sold at more than the Government price. The Chairman. Practically none of it was sold at the price fixed in the act by the railroads. Mr. Hawley. I thought Mr. Ferris's question was as to the acreage. The Chairman. Mr. Townsend examined that question very thor- oughly, and his statement is worthy of acceptance in the matter. Mr. Hawley. I agree to that. Mr. Graham. His statement showed the railroad company ignored the hmitation as to price altogether. Mr. Kaker. Mr. Hawley, why is it the people of Oregon are not anxious to have the suit now pending against the railroad pushed to an early determination ? Mr. Hawley. If there is anybody out there who is not anxious to have the suit decided at the earhest moment possible, I have not met him. Mr. Eaker. They are all anxious to have the suit agamst the rail- road company pushed to a final determination ? Mr. Hawley. So that if the land is to go to the Government to be disposed of to citizens of the United States we may know it, and if it 164 OREGON AND CALIPOENIA LAND GRANT. belongs to the railroad companies, they may know it and adjust them- selves to the conditions. Mr. Eakee. That being the case, why are they seeking now to retard it by virtue of legislation to eliminate about 400,000 acres from suit ? Mr. Hawley, I don't think it wiU retard it. Mr. Townsend's opinion is that it will expedite it. If this bill is not passed, if the committee in its judgment thinks it is not wise to report this biU, in all probability the purchasers, in order to defend themselves, will join hands with the railroad company;, which they have not done up to this time, and will then unite their forces, and that is what the railroad is endeavoring to have done ; they want to defeat this legis- lation in order to combine their interests with those of the purchasers and so make their cases stronger, that the equities of the case may appeal to the court and defeat the Government's claim. Mr. Raker. How could a,nyone joining with the railroad company j|,dd to the equity of the railroad company's case ? Mr. Hawley. I am not a lawyer Mr. Raker. Providing that the railroad company had disposed of this land ? It is held now by other parties. Mr. Hawley. If the courts hold that the sales to these purchasers already made are to be upheld as rightfully made, that does away with the basis of the Government's action against the company. Mr. Raker. Would they not present that fact ? If that is the fact, do you suppose the railroad company will let that fact pass and not present it m its main case now ? Mr. Hawley. But if these purchasers come in and confess judg- ment and acknowledge in open court that their lands were possibly not acquired according to the strict letter of the law, and pay for them and acquire new titles from the Government under a new law, it will strengthen the Government's case. But that point was argued by Mr. Townsend and was not in my mind to argue. The people, as I nave said, have no ill will against the railroad company. "They want to develop their country, which is natural for them to do. Mr. MoNDELL. May I make this suggestion: First, that the com- mittee is very familiar with the history of this case, having gone over it in great detail at the time the resolution was introduced author- izing the beginning of the suit. That suit is now under way. The question before the committee now is whether or not we shall by legislation eliminate from the suit the lands which have been sold, or certain lands which have been sold, and providing also for the entry of the lands if they shall be forfeited, which is really the question before the committee. The early history of the case we are familiar with. The Chairman. You should confine your remarks to that point. Mr. Hawley. I am glad for the suggestion; but I saw a great many faces here that were not here when we had this matter up in the Sixty-first Congress. The Chairman. For your information I will say that we have devoted a great deal of time to these hearings, and I have received some communications from both the Attorney General and the Sec- retary of the Interior, and also Mr. Lafferty since he appeared before the committee in connection with this legislation, and I feel that I OE.EGON AND CALIFORNIA LAND GKANT. 165 ought to call your attention to them at this time in order that you may, if you desire, express your opinion concerning these communi- cations. The Attorney General states : Ol'FICE OF THE AtTOENEY GENERAL, Washinyion, D. C, May ^3, 1912. Hod. Joseph T. Robinson, Chairman Comniittee on Public Lands, House of Kepresentalive.s. Dear Sir: I tave examined the provisions of the bill H. R. 22002, and I have conferred with the Secretary of the Interior respecting it. ^^^lile I agree in general ■with the views expressed by Mr. B. D. Townsend, who appeared before your com- mittee, both the Secretary of the Interior and I think that section fi of the bill should be Somewhat modified. We are not persuaded that a compromise with the purchasers from the Oregon & California Railroad Co. should le authorized at the rigid sum of $2.50 per acre. Assuming that they purchased in good faith and without knowledge of the restrictions contained in the acts of Congress affecting the grant, the case of different purchasers would present different questions. In some instances, purchasers may have improved the lands or made large investments in faith of "the title, and in other cases they may have done nothing but to hold the lands. All of these circum- stances, it seems to me, should be taken into account in making any compromise. Inasmuch as these various questions concern jjeculiarly the administration of the land laws of the United States, I thinlc the compromise proposed in any instance should be assented to by the Secretary of the Interior before it becomes effective. The modification which we propose in section 6 authorizes a compromise made after taking into consideration "all the facts and circumstances respecting the purchase of said lands and the use, occupation, and improvement thereof." If the bill should be amended in this respect, it would be satisfactory to the Secre- tary of the Interior and to me. Respectfully, Geo. W. Wickersham, Attorney General. The Chairman. Mr. LaflFerty also writes a letter, and that wUl be embodied in the record. Also the last bill vs^hich he introduced (H. K. 23719), on this same subject: House of Representatives, Washington, D. C, May 18, 1912. Hon. Joseph T. Robinson, Chairman Committee on the Public Lands, House of Representatives. My Dear Colleague: Some time ago Mr. B. D. Townsend and myself prepared a biU touching the Oregon and CaUfomia land grant, which met with my satisfaction. Senator Bourne introduced the measure in the Senate, and I introduced it in the House. Since that time I have introduced a similar bill in the House (H. R. 23719), which safeguards the rights of those who would desire to settle upon the railroad lands if forfeited. The first bill referred to does not contain such safeguards, but under its provisions I find that the Secretary of the Interior, under what is known as the Picket law, passed a year ago, could withdraw from the homesteader, immediately after the court decision, all lands that might be forfeited. Therefore, I have gone carefully into the subject and have drawn the last bill mentioned, which would prevent the withdrawal of these lands from the reach of settlers, if forfeited, without the express assent of Congress. My last bill also provides that the more valuable lands shall be disposed of m tracts of 40 acres. It is by far the most practical of any of the bills suggested, in my opinion, and it is the only one to the passage of which I will give my consent. I am not overly anxious to have any bill passed at all, because under the law as it stands citizens have the right to go upon these lands, and this right would surely be taken away from them if any of the proposed measures, except the last one I have introduced (H. R. 23719), should become a law. With best regards, very truly, yours, A. W. Lafferty. 166 OREGON AND CALIFOBinA LAND GBANT. [H. R. 23719. Sixty-second Congress, second session.] A BII/L Supplementing the joint resolution ol Congress approved April thirtieth, nineteen hundred and eight, entitled "Joint resolution instructing the Attorney General to institute certain suits," and so forth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all claims of forfeiture heretofore or hereafter asserted by the Attorney General on behalf of the United States in or by any and all suits in equity, actions at law, or other judicial proceedings instituted pursuant to the joint resolution of Congress, approved April thurtieth, nineteen hundred and eight, entitled "Joint resolution instructing the Attorney General to institute certain suits," and so forth, be, and the same are hereby, ratified and confirmed and are hereby declared to be of the same force and effect as declarations of forfeiture by the Congress of the United States. Sec. 2. That none of the lands reverting to the United States by virtue of any right of forfeiture thereto as aforesaid shall, after the passage of this act, be subject to entry under any of the public-land laws of the United States, or to the initiation of any right whatever under any of the public-land laws of the United States, except as hereinafter provided. Sec. 3. That none of the lands reverting to the United States as aforesaid shall be or become subject to State selection, railroad indemnity or lieu selection, forest lieu selection, or any other kind of lieu selection or exchange, or to Sioux half-breed scrip, Wyandotte scrip, Porterfield scrip, Valentine scrip, soldiers' additional homestead entry or any other kind of scrip, the intention hereof being to pirohibit the disposition of any of said lands under any limited or special right of selection, location, or entry, except as provided by section seven of this act. Sec. 4. That after, but not before, any judgment or decree sustaining any right of forfeiture asserted as aforesaid shall become final, with no right of appeal therefrom, all of the lands so adjudged to have reverted to the United States shall be disposed of under the general public-land laws of the United States, and shall be opened to settle- ment, location, and entry by proclamation of the President under the drawing system, except as to mineral lands, which proclamation shall prescribe the manner in which the lands may be settled upon, located, and entered by persons entitled to make entry thereof under the public-land laws of the United States; and no persons who shall, after the passage of this act, attempt to initiate any right to enter on said lands prior to the time designated, or otherwise in violation of anjr of the provisions of said proclamation, shall be qualified to initiate, exercise, or enjoy any rights whatever as to any of said lands under the publitf-land laws of the United States; the purpose hereof being that all such lands shall be opened to entry at such a time and in such a manner that all persons entitled to make entry thereof shall have equal opportunity therefor: Provided, That the provisions of this section shall not apply to any lands that shall be disposed of under the provisions of section seven of this act: And provided further, That all lands within the present exterior boundaries of any national forest which shall revert to the United States as aforesaid shall become national forest lands, if also at the date of final decree within the exterior boundaries of a national forest, and shall be disposed of only under the public-land laws applicable to forest lands. Sec 5. That none of the lands reverting to the United States as aforesaid which are outside of the present exterior boundaries of any national forest shall ever be included in any national forest, or be otherwise withdrawn from homestead entry, unless Con- gress shall hereafter authorize such withdrawal to be made : Provided, That the Presi- dent may classify said lands reverting to the United States according to their value, and may designate certain areas to be disposed of under the homestead law in tracts of not more than forty acres on one-fourth of a quarter section, certain other areas in tracts of not more than eighty acres or one-half of a quarter section, and certain other areas in tracts of not more than one hundred and twenty acres or three-fourths of a quarter section, while the remainder of said lands reverting to the United States shall, when entered under the provisions of the homestead law, be disposed of in tracts of not more than one hundred and sixty acres or a quarter section. Sec. 6. That no suits in equitjr, actions at law, or other judicial proceedings shall be instituted pursuant to said joint resolution approved April thirtieth, nineteen hundred and eight, that shall involve any lands sold by the Oregon and California Railroad Company prior to April thirtieth, nineteen hundred and eight, unless the same shall be instituted within one year from the date of the approval of this act: Provided, That this section shall not be construed to apply to any suits in equity heretofore instituted, nor to any of the parties thereto, nor to any of the lands involved therein, nor to the institution of any further suits in equity, actions at law, or other judicial proceedings relating to any of the lands that are involved in said pending suits. OREGON AND CALIFORNIA LAND GRANT. 167 Sec. 7. That the Attorney General is hereby authorized to compromise, upon such terms as may appear to be just and equitable, any suit heretofore or nereafter instituted pursuant to the provisions of said joint resolution approved April thirtieth, nineteen hundred and eight, involving lands sold and conveyed by said Oregon and California Railroad Company prior to September fourth, "nineteen hundred and eight. In any such suit the Attorney General may, in his discretion, stipulate with the defendant or defendants who purchased said lands, or are the successors or assigns of such purchaser or purchasers, that decree shall be entered adjudging that the lands involved therein have been and are forfeited to the United States, and that such lands may be repur- chased from the United States by the purchaser defendant or defendants, or their successors or assigns, under the provisions of this act at the price agreed to in said stipulation. If said purchaser defendant or defendants, or their successors or assigns, shall within six months from the entry of said decree file with the Secretary of the Interior a certified copy of said decree, together with an application to purchase all of the lands adjudged by said decree to have been forfeited to the United States as aforesaid, and shall pay to the Treasurer of the United States the sum agreed upon in said stipulation of compromise for all of the lands so applied for, the Secretary of the Interior shall cause patents to be issued conveying to said purchaser defendant or defendants, and their successors and assigns, all of the right, title, and interest of the United States in and to all of said lands. Sec. 8. That the provisions of section seven of this act shall not be construed to apply to the suit, involving approximately two million three hundred and sixty thousand acres, now pending in the District Court of the United States for the District of Oregon, wherein the United States of America is complainant and the Oregon and California Railroad Company, Southern Pacific Company, Stephen T. Gage, Union Trust Com- pany, and others are defendants, being designated in the records and files of said court as suit numbered thirty-three hundred and forty; nor shall the provisions of said sec- tion seven of this act be construed to apply to any of the lands involved in said last- described suit, nor to create any rights or privileges whatever in favor of any of the defendants therein. Sbc. 9. That nothing in this act contained, nor action taken pursuant to the provi- sions of this act, shall be construed as a condonation of any of the breaches of any of the conditions or provisions annexed to any of the grants designated in said joint reso- lution approved April thirtieth, nineteen hundred and eight, nor as a waiver of any of said conditions or provisions, nor as a waiver of any right of forfeiture in favor of the United States on account of any breach or breaches of any of said conditions, nor as a waiver of any cause of action or remedy of the United States on account of any breach or breaches of any of said conditions or provisions, nor as a waiver of any other rights or remedies existing in favor of the United States. The Chairman. You will notice in this communication Mr. Lafferty states he first gave his consent to the passage of that law, but submits a bill (H. R. 23719) introduced April 24, 1912, by him, which he states has been prepared with great care, safeguarding the rights of settlers, as he says in his communication to the chairman, and he says he thinks this bill should be passed and that the former bill introduced by himself should not be passed. I make that statement, as I presume you are not familiar with the provisions of the last bill (H. R. 23719) introduced by Mr. Lafferty. Mr. Hawley. No; I am not. The Chairman. But I thought it proper that the record should contain these communications. Mr. Hawley. You spoke of a letter from the Secretary of the Interior. „ , t • i • The Chairman. No; but the Secretary of the Interior desires to be heard concerning this matter, my information is, and also -the Attorney General, and I have suggested to them that they appear before tKe committee. . „ „ ,r tt i ^ j t Mr Taylor. Why wouldn't it be well for Mr. Hawley to deter further presentation of the matter. If Mr. Lafferty does not want his own bill passed, Mr. Hawley is liable to change his mmd, and it seems to me Mr. Hawlev ought to introduce a bill he can stay by. 168 OREGON AND CALIFORNIA LAND GEANT. and then we can have a hearing when these parties can be heard and not take up any more time now. Mr. Hawlet. Might I suggest that it is in the wisdom of this com- mittee, outside of the wisdom of any particular member, to frame a bill from such material it has before it and from what is suggested at the hearings that will meet the conditions as to these lands? Mr. Ferris. You must reaUze the fact that we have 400 bills before this committee, and most of the members here are on other com- mittees, and the time is getting very short now, and we have not the time to give to hearings on bills, especially on difficult matters, that don't seem to meet with very general approval. The Chairman. Have you prepared any opinion concerning the suggestion made by the Attorney General ? Mr. Hawley. As to the suggestion made by the Attorney General, I told Mr. Townsend and I told everyone that I was working strictly in cooperation with the Department of Justice — that nothing be done to jeopardize the Government's suit against the railroad or that will embarrass the Government in any way. Mr. Graham. I would suggest that Mr. Lafferty be requested to submit in writing the particular differences between the new bill and the old one and that his letter and the whole matter be referred to a subcommittee for the purpose of comparing the two bills and report- ing to this committee. Mr. Hawley. I have made my prehminary statement, and my conclusions are very brief, and if I could conclude them at this time they would come in connected order. The Chairman. How long will you take ? Mr. Hawley. Seven or eight nainutes. The Chairman. Very well. Mr. MoNDELL. May I ask Mr. Hawley one or two questions, bring- ing out the points that are really before the committee? The bul before us, or the bills before us, or, rather, the propositions before us, the important feature of them is the proposition to exempt from the proceedings now in court the lands which the railroad company have parted title with and to confirm them when the purchasers make the Eayment of $2.50 an acre. Are you in favor of that proposition? »o you want to have that done ? Mr. Hawley. I was coming to that. The purchasers from the railroad company who bought quantities of land in excess of the 1,000 acres bought them at the market price at the time they ac- quired them. Some lands were acquired in large bodies and some in smaller tracts. Some of this land is at present being developed by the operation of sawmills. On other lands operations will belsegun. The lumber product forms a considerable portion of the product that we send -outside the State in the course of a year. These purchasers when they bought their lands could have bought other lands equal in timber value for practically the same price, but they bought these lands in order to consohdate their holdings so that they would not have to log across lands owned by other parties. The amount they {)aid for these lands at the time was th« market price, and for some ands they paid a considerable sum. While some lands are more valuable at the present time than they were when they were pur^ chased, yet that is one of the fortunes of investors, to have invest- ments increase or decrease in value. These people want to go on OEEGON AND CALIFOENIA LAND GRANT, 169 with their work. Mr. Dixon, who appeared before you the other day, represents a company whose mill burned down at Springfield. It was a very valuable mill, and yet he can not afford to rebuild the mill and employ his men to continue operations unless he knows whether he can log by sections in a consohdated body or whether he shall log in alternate sections. Mr. MoNDELL. These reasons and arguments have all been placed before the committee. As one member of the committee, I should like to have your personal and individual opinion in concrete state- ment. Do you desire this committee to pass legislation which will exempt the lands sold by the railroad company from the suit, or do you not ? Mr. Hawley. I do; and I was coming to that. Mr. MoNDELL. If that is done, do you think there should be a uni- form additional charge placed upon this land so exempted ? Mr. Hawley. As I was just about to say, Mr. Mondell, when you asked the question Mr. Mondell. I understand the arguments pro and con. I want to get your opinion. Mr. Hawley. I want to give my opinion; but I am used to giving it in my own way. I am very glad to be interrupted, but I am m the habit of expressing my opinion in my own language, and I get along better in my own way. Mr. Mondell. Sometimes you get along better if you give the com- mittee the information it desires. Mr. Hawley. I think you are right about that. Now, in order to enable these people to go on with their logging operations and for the general benefit and development of the State, I believe that some relief of this kind ought to be granted and that these people ought to know what their status is, and if this bill is passed they can go into court and confess judgment and know that they will have their lands. As to the price of $2 .50 an acre, I believe thej' have already paid what the land was worth at the time they acquired it, and to pay $2.50 per acre now is in the nature of a gift to the Government. When the Government made the grant it intended to part with these lands finally and definitely, with no intention of making any money whatever out of them, but with the intention of filling the State of Oregon with settlers and industries and of developing this new country. That was the purpose of the Government — to part with its title and get nothing back but the development of a new and unsettled country. These purchasers paid the market price at the time they pur- chased. They are willing to come in and pay $2.50 per acre more, not because it is due the Government or because they should pay this further amount, but because they desire to quiet title and go on with their business. The Chairman. Do you think that the price should be uniform in case the committee reports legislation affecting the matter and limit- ing to $2.50 an acre, or do you think the Secretary of the Interior ought to be given discretion in fixing the price according to the rela- tive equities of the respective purchasers ? Mr. Hawley. I believe that $2.50 proposition would, in a blanket manner, generally meet the equities of the situation, if any price at all should be charged; but if the Department of Justice, after a more 170 OEEGON AND CALIFORNIA LAND GBANT. intimate investigation, thinks that some of the land should pay less or more, I am wUling to agree to that for the good of the State, for that is all the interest I have in the matter. But I don't want it put in such a form that they can go and compel these people to pay the present value of the land. I don't think that would oe fair, and I believe that a fixed maximum would be better. Mr. MoNDELL. You want a maximum ? Mr. Hawley. Yes. The Chairman. What maximum would you suggest? Mr. Hawley. I had thought that $2.50 was a fair maximum, because that is a million dollars contributed to the Government Treasury on a body of land the Government parted title with abso- lutely for the purposes for which it is now being used. Jklr. MoNDELL. rassing over that for the moment, because we understand your views in regard to that, if the committee deemed it wise to provide for such an exemption and confirmation, is it your opinion that we should, or are you iaclined to insist we shall, in addition thereto, provide in advance of the settlement of the suit for the disposition of the remaining lands in case the Government wins its suit ? Mr. Hawley. Well, I have been working with my colleague, Mr. Lafferty, in this, but my opinion is that the disposition of the lands yet owned by the railroad could easily wait until the suit is decided. I have had considerable trouble since the suit was inaugurated. For instance, Chicago companies have been sending printed matter offering to sell locations to people preliminary to bupng the lands still held by the railroad company, and I have been burdened with letters from persons so approached who desire to know the facts in the case. They write to know how they can get the land, sending me the literature of these Chicago companies. I am afraid no legis- lation will prevent that. The Chairman. Is there any uncultivated land that tlie Govern- ment has there now ? Mr. Hawley. Yes. The Chairman. What price does the Government put on it now? Mr. Hawley. When they sell timber land — they are not selling much now, I think, but when they did, they appraised the stumpage value of the timber and also put a value on the land, as though it had no timber. But Sante Fe or Northern Pacific scrip, felling from $10 to S12 an acre, has largely interfered with sales of timber land for cash. The price per acre also depends upon the quantity of timber per acre, so that it is difficult to state an average price. But the price of scrip fixes the maximum value. Mr. Graham. Suppose that particular land had remained all these years in the Government, has there been any legislation or any poHcy of the Government in the meantime which would enable you to state whether the Government would stiU hold it at $2.50 an acre, or whether it would have increased in price on that particular land ? Mr. Hawley. The land would naturally have increased in value with the development of the country and demands for land covered with timber. Mr. Graham. Why not at this time treat it as if it was never out the Government's hands and fix a maximum now such as would have been fixed if it had remained in the Government's hands ? OBEGON AND OALIFOEHIA lAND GRANT. 171 Mr. Hawley. The objection to that was this: People have been led to buy these lands. The attorneys of the Government, as Mr. Townsend said, supposed the titles were good and passed them. It has been a long period of years since the grant was made, and people bought the land supposing the titles obtained were good. The pur- chasers, in many cases at least, exercise more than ordinary diligence. The later patents themselves did not recite the act that contained the lirnitation. These purchasers paid a fair price, the market price, for their lands. If you now fix the value of the land, and require the purchasers to pay a, full value price as if the Government had never parted with them, it would be unfair to them, and require them to purchase the lands at their market value, twice. Mr. Graham. But ordinary diligence, or the highest diligence, would not mend a bad title. Why should it in this case ? Mr. Hawley. If the Government said itself through its agency, the Interior Department, that the titles were good, would not citizens be justified in believing the titles to the land were good ? If the Govern- itself was not at fault, it would be a different proposition. Have you concluded your questions ? Mr. Graham. Did I understand you to ask the question, if the Interior Department gave an opinion which was a wrong opinion that would estop the Government from setting up its rights ? Mr. Hawley. While my reply was in the form of a question, I intended it as a statement. I thought you had another question. - Mr. Dent. The point is, if the Government misleads an individual to buy and take a bad title, the Government is at fault. Mr. Hawley. Yes, sir. I think I have exhausted my eight minutes. Mr. Eaker. It seems to me that when this original legislation was Eassed in regard to authorizing the suits the people were anxious to ave the railroad lands forfeited. That was the position. Mr. Hawley. The people were anxious to have the railroad lands disposed of, either by specific performance or by forfeiture. Mr. Raker. Under the original legislation in the State of Oregon the people were anxious to have the railroad lands forfeited to the United States because of the fact they had not complied with the grant. Mr. Hawley. Either to have the terms of the act enforced or for- feiture declared, whatever remedy the courts should decide was the better remedy. Mr. Raker. Now the fight is entirely by the settlers, or those who obtained land, to prevent the suit going on to final determination. Mr. Hawley. Not in the least. Mr. Raker. You realize that the testimony has not been taken yet; it has not been decided by the district circuit court; they can then a,ppeal to the court of appeals and to the Supreme Court of the United States. Why don't you dispose of the suit now pending determination of the question whether or not this land is to be for- feited beifore time and labor is spent by other individuals in the meantime ? Mr. Hawley. The suit will go on as to the 2,300,000 acres held by the railroad whether this legislation is passed or not; it will go on better, in my judgment, and I think in the judgment of the Depart- ment of Justice, if this bill is passed. But in the meantime, if this relief legislation is not passed, great industries in the State of Oregon 172 OEEGON AND CALIFORNIA LAND GEANT. will stand still, 'mills will be closed, railways will be removed, and that great industry paralyzed in central Oregon. Men have said they can not afford to operate on alternate sections and can not afford to cut the timber on disputed sections and be subject to crimi- nal prosecution under the law. I earnestly urge a favorable and early report upon the bill. "' Mr. Graham. I move that bills 22002 and 23719 be referred to a subcommittee, with instructions to confer with Mr. Lafferty, and report to this committee the differences between the old bill and the new bill. The Chairman. Do you desire the subcommittee shall also hear the Attorney General and the Secretary of the Interior, or shall they be heard by the full committee ? Mr. Graham. I think the whole committee should hear them, and it would simply save the full committee the trouble of having hearings on these two bills. The Chairman. If there are no objections the chair will appoint k subcommittee for the purpose suggested. There being no objec- tions, the chair will appoint Mr. Graham, Mr. Ferris, and Mr. Mondell to act as the subcommittee. Mr. Hawley. 1 would like to make the request to have the privilege of revising my remarks. The Chairman. Very well. X L^:^