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A. No, sir; not that I know of.

Q-Have you been to his room within the last three weeks?
A. No, sir.

Q-Has Mr. Maybell talked with you about this matter?

A.-I think that pretty nearly all talked about this matter, over there in the Assembly, Mr. Maybell and Sinon; yes.

Q. What did Mr. Maybell tell you-that Senator Kane ought to divulge the name of this man who tried to bribe him?

A. I do not recollect whether he said that or not; that was pretty generally the feeling among the most of us.

Q-You have seen Senator Kane and talked with him on this subject?

A-No. I have not seen Senator Kane since this happened. Q-Have you any knowledge, directly or indirectly, pertaining to an attempt to bribe Senator Kane and secure his vote upon this debris question?

A. I have not.

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Q. When did you first learn of this matter?
A.-Day before yesterday.

Q. Did you give Kane any advice in relation to the matter?
A.-I said that he ought to give the name of the party.
Q.-What reply, if any, did Mr. Kane make to that.

A.-That he would not do so, I believe.

Q.-Did he give his reason for it?

A.--No. I did not push the matter very far: it was a very delicate matter, and I did not desire to give any advice on the subject. Q. Did you ask Mr. Kane whether that man was in earnest or only joking?

A. No, sir; I did not ask anything of that kind.

Q.-Did Mr. Kane go on and give you the history of that affair? A.-No, sir.

Q.-Did I understand you to say you had not visited his room lately?

A.-Only visited his room once during his illness, some two months ago. I believe Mr. Donelly was present during the conversation a part of the time.

Senator Enos (to Mr. Kane)-When you allude to a "dog in the well" and "cat in the meal tub," what do you mean by that? A.—I mean that it is a bad measure.

Q.--You do not mean when you use these expressions, that there have been improper means used to corrupt Senators? A.—I mean it is a corrupt bill, a corrupt measure.

I hereby certify that the foregoing is a full and correct copy of evidence taken by the Committee appointed to examine into and investigate the language used and charges made by Senator Thomas Kane. ED. J. SMITH, Clerk of Committee on Investigation.

TESTIMONY

TAKEN BY THE

COMMITTEE ON PUBLIC LANDS,

IN RELATION TO

Assembly Joint Resolution No. 18.

TESTIMONY.

EVIDENCE OF JOHN H. BURKE, UNDER OATH BEFORE THE COMMITTEE ON PUBLIC LANDS.

JOHN H. BURKE, sworn, testifies: During the year 1874, Captain Charles A. Merrill, acting in the interest of or in connection with Alvinza Hayward, went to Washington to endeavor to secure the passage of an Act to provide for the sale of desert lands in Lassen County. The scheme originally was intended:

First-To secure, through the means of "dummy" locations, all of the desirable sixteenth and thirty-sixth, or school sections, in that section of the State, and to that end about four hundred applications, of three hundred and twenty acres each, had been filed with the State Surveyor-General to purchase these lands, each applicant having, prior to the filing of his application, signed a deed selling the land, though no grantee was named therein.

Second-To incorporate a railroad company and build a narrow gauge road from Reno, Washoe County, Nevada, up through the Honey Lake Valley to Susanville, thence through Deer Creek Pass and Big Meadows to Chico, Butte County, California, tapping thereby the agricultural lands of Honey Lake Valley and the timber lands of Plumas and Lassen Counties, having in view Virginia City as a market for their produce.

Third-By the passage of the Desert Land Act to secure the vacant lands in Honey Lake Valley, and in furtherance of this design about ninety thousand acres were applied for in this valley, under this Act, within sixty days after its passage, all of the applications being made in the interest of one man.

Fourth-To secure, by purchase or location, all of the desirable sugar pine timber lands in the vicinity of Eagle Lake, Lassen County, of Big Meadows and elsewhere in Plumas County, and such other tracts as might be available.

On the 5th day of May, 1875, in furtherance of this design, an agreement was entered into between Charles A. Merrill, party of the first part, and Chipman, Hosmer & Gilmore, of the second part, substantially as follows:

This agreement witnesseth, that Charles A. Merrill, of San Francisco, the party of the first part, agrees with Chipman, Hosmer & Co., of Washington, D. C., party of the second part, to purchase from said party of the second part ten thousand acres of homestead scrip; and it is understood and agreed that the said party of the first part shall pay to the said party of the second part the sum of $2 50 per acre for each and every acre of said scrip delivered as aforesaid; and the party of the first part shall also find the timber land on which said scrip is to be located, and shall defray all

expenses, including the fees of the Land Office attending the location of the same, and the land so located shall be divided between said parties as follows, viz.: the said party of the first part shall have two-thirds, and the party of the second part one-third, of all the lands so located. The party of the second part shall attend to the duty of preparing the necessary papers at the local Land Office, and all necessary duties at the General Land Office, in obtaining the patents. The party of the second part reserves the right to inspect the lands before location, or to take one-third of the scrip before location in lieu of one-third of the lands; it is further understood that the lands shall be divided in kind at the earliest practicable moment after their location. It is provided, however, that the party of the second part shall pay the fees of the Land Office for the one-third part of the lands entered for them.

Witness our hands this 5th day of May, A. D. 1875.

CHAS. A. MERRILL, (Seal).
CHIPMAN, HOSMER & CO., (Seal).

The terms of this agreement had previously been arranged between the parties while in Washington, and Gen. N. P. Chipman, about the middle of March, 1875, came to San Francisco, stopping at the Lick House; and early in April of the same year, went to Susanville, Lassen County, to prepare to carry on operations. The homestead applications and accompanying papers were, as a rule, or to a very large extent, procured by Gen. Charles D. Gilmore, a member of the firm of Chipman, Hosmer & Co., personally, in Missouri and Arkansas, in each of which States he spent a large portion of his time for that purpose. The applications were then forwarded, either direct to N. P. Chipman at Susanville, California, or through their home office of the firm in Washington. Many hundreds of these entries were made by Mr. Chipman in the Susanville Land Office. The papers were usually kept before use in the safe of Wells, Fargo & Co. in that town, and Ceneral Chipman would take them therefrom by the halfbushel basketful at a time into the Receiver's office of the United States Land Office, where the land to be applied for would be inserted over the signature of the applicant in his application. At the same time the land would also be inserted, also over the signature of the applicant, in the two powers of attorney which, as a rule, accompany each of these entries. One of these powers of attorney gave the attorney in fact authority to present and file with the United States Land Office his application to purchase certain lands, though at the time of executing thereof there was not any description of the lands which the attorney in fact purported to have power to locate. Another of these powers of attorney, also executed by the applicant, purported to give to the attorney in fact the power, substantially as follows: For me or in my behalf, to sell, assign, and transfer any right accruing to me by virtue of any declaration or entry made under said Act, or to enter into and upon the said described premises, and take and hold possession thereof, with the appurtenances, with the same authority, powers, and rights that I might or could do in person, hereby giving and granting unto my said attorney full power and authority to grant, barter, and sell the same, or any part or parcel thereof, or any interest therein, for such sum or prices, and on such terms as to him shall seem meet, and for me, and in my name, to

make, execute, acknowledge, and deliver good and sufficient deeds and conveyances for the same in fee simple.

There was a further covenant binding the party and his heirs or assigns to execute such other deeds or conveyances for the land as his attorney in fact should reasonably advise or require, and the attorney in fact had power to appoint a substitute or substitutes. In consideration of a nominal sum, usually one dollar, the power of attorney was made irrevocable, and the party executing it released to the attorney in fact all claim to any of the proceeds of any sale, lease, or contract that should accrue by reason of the conveyance of the said premises, and ratifying and confirming all acts of his attorney in fact.

At the time of the execution of this power, as also of all the accompanying papers, there was not any description therein of any land applied for, or to be applied for, under the additional entry; but, on the contrary, such powers of attorney were executed by the applicant entirely in blank, so far as any description of the additional entry is concerned, and were executed, acknowledged, and delivered days, weeks, and even months prior to the entry being made in the local Land Office of the land which was subsequently inserted both in the application and the two powers of attorney as well.

The description of the lands to be applied for were inserted in the papers after signature, and the work was performed in the United States Land Office at Susanville, and under the eye of the officials. The work of making these entries was commenced by General Chipman, in Susanville, between the fifth and tenth days of May, 1875, and was prosecuted vigorously up to about the first of July of the same year, a large force of clerical assistance being almost continually engaged in preparing and filling out the descriptions of the land to be applied for.

During this period the bulk of the lands so entered were composed of sugar pine timber, lying in townships 29 north, 6, 7, and 8 east, Mount Diablo meridian; 28 north, 6, 7, and 8 east; 27 north, 7 and 8 east; 30 north, 10 east, and other townships in the vicinity of Big Meadows, Plumas County, and in Lassen County as well. On the 10th of May, 1875, as I am informed, General Chipman notified the officers of the United States Land Office at Susanville that he had a certain number of additional homestead entries to file on that date, and requested the officials to reserve the specified serial numbers, as all homestead entries bear a serial number on the record. Before finishing his entries, however, he found that he did not have a sufficient number of applications to fill up the quota of entries that he had notified the office he would make.

Before ascertaining this fact original homestead applications had been filed by the officers bearing a serial number above those that had been so reserved by Chipman, and unless the intervening numbers or entries were all made there would be a void space in the records; it therefore became necessary to make these entries as of May 11th, in order that the records might appear straight on their face. This I say from information; now I speak from actual knowledge. Between the 20th of May and the 3d of June, 1875, a large number of these additional applications were received at Susanville, sufficient to fill up the vacant series of numbers; but here an unexpected difficulty arose. As a number of them were signed, sworn to, acknowledged, executed, and delivered in Missouri,

Arkansas, or elsewhere, as of a date from three days prior to the 10th of May to ten days subsequent to that date, and as they had all to be filed in this State on the 10th of May, it would not do to have them show on their face that they had first been signed in the East, long subsequent to their filing in this State. It therefore became necessary to erase the dates in the original documents and substitute a false one therefor; and this was done under the direction of the party superintending the entries, he remarking in my presence, when the matter was referred to, "that it was nothing but the small crime of forgery anyway," or words substantially to that effect. An examination of the files of the General Land Office at Washington will show that of the entries made in the Susanville district, as of the date of May 10th, 1875, the following, if no more, have the dates changed therein and bearing as serial numbers 514, 515, 516, 580, 609, 611, 615, 631, 632, 637, 639, 671, 676, 679, 704, 717, 725, 726, 727, 728, 729, 730, 731, 735, 736, 739, 741,742, and 749. These I know to be so, from a personal examination of the papers, and I believe that there are still more. An examination of the papers in the office at Washington will also show that a number of the entries made in Susanville were based on signatures that were forged, and that patents have been issued thereon in several instances. An examination of the records in Washington will also show that of the entries made at Susanville about this date, and by the same party, additional homestead entries numbers 779, 780, 781, 782, 783, 784, 785, 786, 787, 788, 789, 790, 791, 792, 793, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, and 825, applied for land largely in excess of the amount with but six exceptions that they are entitled to enter, exceeding in the aggregate five hundred acres. At the time that these entries were made in Susanville, under the circulars of instructions issued by the department at Washington, every applicant for an additional entry was required to make an affidavit substantially to the effect that it was made for his own exclusive use and benefit, and not directly or indirectly for the use and benefit of any other person whomsoever. And as a rule this affidavit accompanied each application, and was filed therewith subsequent to the making of these entries. And prior to the issuance of the patent thereon, Norton P. Chipman, or Chipman, Hosmer & Co., or Charles D. Gilmore, who are usually, or one of them, named in these powers of attorney as the attorney in fact for the applicant, would, as such attorney in fact, deed these lands to Alvinza Hayward as trustee, and I have seen a large number of these deeds so prepared and executed. The procuring of the patents thereof was intrusted to A. A. Hosmer, of Washington, D. C., whose province it was to attend to this part of the business. In the selecting of the land for location, a surveying party was made up. T. H. Ward, of Susanville, a surveyor, and, if I recollect right, also, A. A. Smith, of Susanville, also a surveyor, were for a long time engaged under the supervision of General Chipman in selecting by legal subdivisions the most desirable tracts of timber land, and when any non-mineral affidavit accompanied the papers, Mr. Ward, Mr. Smith, or J. C. Partridge, I think, usually made that affidavit. The amount of land so entered under these locations during the months of May and June, 1875, amounted to many thousands of acres, and in no instance did the party in whose name the entry was made personally acquire the land. I have no

means of ascertaining now the exact amount located by these parties in Susanville district, but believe that it approaches 75,000 acres. In regard to the transactions that occurred in the United States Land Office, and which I have stated herein, I believe that W. H. Crane, of Susanville, J. R. Lockwood, then Register at Susanville, T. H. Ward, of Susanville, the surveyor named, J. C. Partridge, ex-Postmaster in that place, W. C. Chase, of Battle Mountain, Nevada, can, and I think will, substantially corroborate all the statements I have made, and as to the change of dates and excess of entries that I have named and given the numbers of the locations, the files of the General Land Office at Washington will bear me out in all my statements_to that effect, with the exception of the name of the party under whose direction such changes were made.

Coming down to the Sacramento Land District, I find that on the 29th of September, 1875, a large number of these additional homestead entries, covering thousands of acres, were made. It is scarcely probable, in my opinion, having a knowledge of the work entailed upon the Land Office by these entries, that their monthly report could have been forwarded to Washington, certainly not before the 10th of October, if not later, and through course of mail I do not think the General Land Office at Washington could have had any official knowledge of these entries, or the land applied for, prior to the 18th or 20th of October, when they would have to be referred to the proper head of department for examination, and the files of the War Department examined to see whether the party named had served as a soldier, and was the same party applying for the land. Also, an examination would have to be made of the records in the General Land Office to see whether the applicant was entitled to make an additional entry; and I cannot conceive how, between the 18th or 20th of October and the 1st day of November of the same year, 1875, it was possible to thoroughly examine and report upon the validity of all these entries. Yet, notwithstanding this fact, I find from information and memoranda taken by me from the records of the United States Land Office in this city, of the entries made September 29th, 1875, about fifty-six of them were patented by the General Land Office at Washington on November 1st, 1875.

Under Section 2265 of the Revised Statutes of United States a preemptor who had settled on any of this land on the 28th of September, 1875, or the day prior to the homestead entries named, would have ninety days within which to file his declaratory statement to purchase the land; and the General Land Office at Washington was not authorized by law to issue the patents until ninety days had elapsed after making the homestead entry and receiving notice from the local Land Office that no pre-emption claim had been filed within that time. The issuance of these fifty-six patents within thirty-one days after the entry would have had the effect of debarring any settler on the land, had there been any coming within the statutory period, and securing a title thereto. Of these entries, referred to as made in the fall of 1875, I believe they were all, or nearly all, filed by N. P. Chipman, or Mr. Dawson, and all in the interest of one man or set of men. The amount of land so entered in this (Sacramento) district cannot, in my opinion, fall short of forty thousand acres, if not quite double that amount. A very large proportion of these entries were based on papers, the signatures to which were forged, a. list of which forged locations was published in the Sacramento Daily Record-Union of

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