Page:The History of Oregon Bancroft 1888.djvu/665

 being a citizen, or having declared his intention of becoming such, might be entitled to, with the right to preempt, any portion of this grant, in tracts not less than 40 nor more than 320 acres, by having it surveyed by a county surveyor; the claimants to pay interest at the rate of ten per cent per annum upon the purchase money, at the rate of $1.25 an acre, the fund accruing to be used for school purposes. Whenever the government survey should be made, the claimant might preempt at the general land-office, through the agency of a state locating agent. By this act the state was relieved of all expense in selecting these lands; but Governor Whiteaker gave it as his opinion that the act was in conflict with the laws of the United States, in so far as the state taxed the public lands, which opinion was sustained by the general land-office, as well as that the state could have no control over the lands intended to be granted until after their selection and approval at that office. The act was accordingly repealed, after the selection of about 22,000 acres, and another passed, as above stated.

Much difficulty was experienced in finding enough good land subject to location to make up the amount to which the state was entitled for the benefit of common schools and the endowment of an agricultural college, on account of the neglect of the government to have the lands surveyed, the surveys having been