Page:Oregon Historical Quarterly volume 11.djvu/169

Rh :H. C. Owens, 67,326.32 acres,
 * W. B. Todhunter, 34,859.42 acres.
 * J. N. Vance, 6,400 acres.

During the next biennial period — 1882- 1884 — Mr. Owens' hunger for swamp lands was particularly ravenous. It took an additional 362,267.77 acres to appease it. Others were developing considerable capacity in this line, taking from 20,000 to 30,000 acres each.

But there was a limit to the line of Oregon's official consciences that would brook such a state of things. It was an evil day for the swamp land grabber when Governor Pennoyer assumed the duties of his office. The state land board under him for the first time took the position that all certificates of sale for larger amounts than 320 acres, issued subsequently to 1878 were void. In the interpretation of laws those conserving public interests should have an equally liberal construction with those formulated wholly for the advantage of private interests. The legislature of 1887 supported the land board in its position, enacting that all certificates of sale for swamp lands "on which the twenty per centum of the purchase price was not paid prior to January 17, 1879," were to be held void. The money paid on the void certificates was ordered repaid. Large tracts, however, amounting to tens of thousands of acres, had been secured through payment made prior to 1879. The interest of the small holder and actual settler were regularly protected. Thus the legislature of 1887, that was so remiss in its lieu land legislation, exhibited conspicuous virtue in the swamp land matter. And this same Pennoyer administration that so virtuously came to the rescue of the public interests in swamp lands, countenanced most shameless chicanery in lieu land transactions.

The Tide Lands. In its policy with its tide lands the state has exhibited the same ultra-individualistic attitude as with