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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
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