Page:Oregon Historical Quarterly volume 11.djvu/150

140 by the county school superintendent, though the board might place a higher value on the land applied for. This class were limited to 320 acres.

In 1868 the law was changed so as to include university lands on the same terms with the common school lands; actual settlers had exclusive right to purchase during first six months and could secure 320 acres. Other purchasers could get 160 acres each if he had not other lands exceeding 320 acres in the aggregate. Small isolated tracts of eighty acres or less were not reserved. All lands should be sold at the price appraised by the county superintendent. The minimum price was made $1.25 in gold coin. From $2.00 per acre, the minimum the board had established, to this lower figure the terms of nearly all the sales fell.

These continued to be the salient features of the law for the sale of school and university lands for the decade from 1868 to 1878. In 1878 the minimum price of these lands was raised again to $2.00. The "actual settler" retained his privilege of being able to get 320 acres when the limit for others was 160. The board was free in determining the value of the lands to use whatever method it chose. An affidavit was required of the purchaser that he was a citizen of the United States, or had declared his intention to become such; that he was a citizen of the state; that with his proposed purchase he would not directly or indirectly have secured from, the state more than 320 acres if a settler, or more than 160 if a "non-settler" ; that the proposed purchase was for the actual use of the applicant, and not for the purposes of speculation; that no contract agreement, "express or implied," had been made for the sale or other disposition of such lands.

These solemn pledges required in the act of 1878 were followed by a "joker". "Certificates of sale" for the lands could be secured from the state on payment of one-third of purchase price, except in case of timbered lands on which a payment of one-half was required. These certificates of sale could