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o, the reader land locations in the county of San Fran- which have been filed in the Surveyor-Gen- office since February 11th, 1864. This list es 43 surveys, for an aggregate of 00 acres of land surrounding the city front: 1,314 48-100 acres of this princely property, ng to the State indefeasibly, certificates for have been issued at the paltry rate of $1 re! Fortunately for the public interest, w has withheld the patents so that the scheme is not yet consummated; and it ervisors also refuse to legalize the new ch includes these city front usurpations, formidable obstacle will be put in the way complishment. With this brief statement of explanation, we submit the documents ted upon for record and examination: [[bracket]] STATE OF CALIFORNIA, OFFICE OF SURVEYOR-GENERAL, SARCAMENTO, February 23, 1864. [[/bracket]] [[italics]] G. McCullough, Attorney-General. [[/italics]] - Albert made application for a certificate of purchase res of salt march and tide land in Alameda It has been regularly surveyed, the survey and the 20 per cent ad first year's interest the County Treasurer. There is no counter and no person making opposition. The law rchase of this land has been strictly complied have heretofore refused to issue certificates of for marsh and tide lands within five miles of of Oakland, upon the supposition that they swamp and overflowed lands, were excluded This piece o land is at the outer limit, but e five miles of Oakland. Lusk contents that 3 of the Act for the sale of swamp and over- nds passed April 18, 1859, (on which I have excluding these lands from sale,) expressly in terms that they may be sold. He also con- at the legislation providing for their sale con- force, and was re-confirmed in express terms ns 26 and 27 of the Act for the segregation amation of swamp, marsh and tide lands, and May 13, 1861. He further contends that the May 14, 1861, providing for the sale of salt and tide lands did not repeal former Acts, but ad confirmed sales made under them, ntinued their provisions in full force; ibitions being intended to apply only attempt to purchase under its own pro- leaving unrepeated the Ats of 18th of 859, and May 13th, 1861, providing for the sale lands. The only other act having any bear- n the subject is the Act of April 27th, 1863, and ing section 30, it will be seen that these lands irely excluded from its provisions. A critical of the law has convinced me that while my have been correct in relation to swamp and ved lands within the boundaries mentioned, I e doing injustice to applicants in making the apply to marsh and tide lands. I certainly ot to continue to refuse to issue the certificate, learly sustained by the law, for I have no wish litigation ad personal expense, to have the decide that my rulings are what the law should not what it really is. Shall I issue the certifi- purchase or refuse the contest the case in the J. F. HOUGHTON, Register. By A. S. Bender, Deputy. [[bracket]] STATE OF CALIFORNIA, ATTORNEY-GENERAL'S OFFICE, SACRAMENTO, May 23, 1865 [[/bracket]] [[italics]] J. F. Houghton, Surveyor-General, Register, etc. - [[/italics]] IR, - In reply to your question contained in a nication to me of February 23, 1864, (which ong since have been answered, as I have ex to you verbally, had not the State's interests volved in a similar case,) whether you were an- to issue to one Albert Lusk a certificate of pur certain lands situate within five miles of the Oakland, and belonging to the quality of Salt and Tide? Reserving still a full answer to the question involved in your letter, for the same that I have so long delayed this reply, and [[italics]] only [[/italics]] reason, I advise you in this particular case to said certificate of purchase to Mr. Lusk upon compliance with the other provisions of the remain, truly, J. G. McCullough, Attorney-General. [[bracket]] ATE OF CALIFORNIA, STATE LAND OFFICE, SACRAMENTO, June 2, 1864 [[/bracket]] [[italics]] Excellency F. F. Low, Governor of California - [[/italics]] SIR - In February last Mr. Albert Lusk made ion to this office for a certificate of purchase Marsh and Tide lands situate between four from the city
