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MAJORITY REPORT

OF THE

COMMITTEE ON CLAIMS

IN RELATION TO THE

PETITION OF THOMAS THOMPSON.

D. W. GELWICKS.........STATE PRINTER

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Mr. SPEAKER: The Committee on Claims, to whom was referred the petition of Thomas Thompson, have had the same under consideration, and ask leave to make the following report:

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The petition represents, in substance, that in the year eighteen hundred and fifty-two be became the owner of School Land Warrants Vos. 84, 85 and 133, for one hundred and sixty acres of land each, which were authorized by an Act of the Legislature, approved May third, eighteen hundred and fifty-two, to be located on any vacant and unappropriated lands of the United States in this State; that he located these warrants on ainsi

nsurveyed lands in Santa Clara County; that prior to the survey of the lands of the United States, settlements were made upon parts of them and pre-emption claims under United States laws secured thereon; and that one portion of the lands was within the limits of a Mexican grant, and another portion now lies within the corporate limits of the City of Santa Clara, and is claimed equally by preemption by the authorities of said city and by the grant to tbe Western Pacific Railroad Company, either of which titles would prevail in law against that of petitioner under his location; that the United States Government having granted to the Western Pacitic Railroad Company all her valuable lands in the vicinity of said locations, whereby the right and power of petitioner to float bis warrants was greatly restricted or entirely prevented; and, finally, such was the situation of the lands located under the warrants that until the two or three past years the petitioner could not know that his warrants would prove worthless to hold the lands. The petitioner therefore prays for relief and that the State will receive back the warrants above mentioned, which he is ready and willing to surrender, and will reimburse him with the principal sum paid out, with legal interest thereon, together with the expenses of location, and such taxes as be has been obliged to pay on the land so located.

The undersigned, members of the Committee, do not believe that the State can be justly held liable to this petitioner for the misfortunes which seems to have attended him in connection with these warrants; and they believe that there are plenty of vacant and unappropriated lands of the United States in this State on which the warrants in question can be located. And inasmucb as lands of the United States can now be obtained for less money than the cost of and interest, if allowed, on these warrants, and there being quite a large number of warrants of tbis character still afloat, it would be to the interest of the holders of them, and they would undoubtedly avail themselves of the privilege should the precedent be established by granting the relief asked for in this case, to insist that the State sball take their warrants back rather than to locate them upon the public lands of the United States, whereby the School Fund, out of which claims of this character should be paid, if paid at all, would be seriously diminished.

For the reasons above given, the undersigned recommend that the relief asked for by the petitioner be not granted.

CONNELY,
LEE,
BATCHELDER.

PROPOSALS

FOR

COPYING SENATE JOURNAL

AND

APPENDIX.

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