Page:The History of Oregon Bancroft 1888.djvu/445

Rh the proceeds of the 500,000 acres to which the state would be entitled by the provisions of the act of congress of September 4, 1841, and five per cent of the net proceeds of the sales of the public lands to which the state would be entitled—should congress not object to such appropriation of the two last-mentioned grants—should be set apart, with the interest accruing, as a separate and irreducible fund, for the support of common schools in each school district, and the purchase of suitable libraries and apparatus. Zabriskie's Land Law, 657–9, 659–63, 664–7. The governor for the first five years was declared superintendent of public instruction; but after five years the legislature might provide by law for the election of a state superintendent. The governor, secretary of state, and state treasurer were made to constitute a board of commissioners for the sale of school and university lands, and for the investment of the funds arising therefrom, with powers and duties to be prescribed by law. The university funds with the interest arising from their investment should remain unexpended for a period of ten years, unless congress should assent to their being diverted to common-school purposes, as had been requested. The act of congress admitting Oregon allowed the state to select lands in place of these 16th and 36th sections granted in previous acts, for school purposes, but which had in many cases been settled upon previous to the passage of the act making the grant. It also set apart 72 sections for the use and support of a state university, to be selected by the governor and approved by the commissioner of the general land office, to be appropriated and applied as the legislature of the state might prescribe, for that purpose, but for no other purpose. The act of admission by the grant of twelve salt springs, with six sections of land adjoining or contiguous to each, furnished another and important addition to the common-school fund, as under the constitution all gifts to the state whose purpose was not named were contributions to that fund. Deady's Laws Or., 116–17. Congress did not listen to the prayer of the legislative assembly to take back the gift of the Oregon City claim and give them two townships somewhere else in place of it. Neither could they find any talent willing to undertake the legal contest with McLoughlin, who held possession up to the time of his death in September 1857, and his heirs after him. Finally, to be no more troubled with the unlucky donation, the legislative assembly of 1862 reconveyed it to McLoughlin's heirs, on condition that they should pay into the university fund the sum of $1,000, and interest thereon at ten per cent per annum forever. It was ordered by the convention that, should the constitution be ratified by the people, an election should be held on the first Monday in June 1858 for choosing the first state assembly, a representative in congress, and state and county officers; and that the legislative assembly should convene at the capital on the first Monday of July following, and proceed to elect two senators in congress, making also such further provision as should be necessary to complete the organization of a state government. Meanwhile, the former order of things was not to be disturbed until in due course of time and opportunity the new conditions were established.

The 9th of November was fixed upon as the day