acres had been sold, but the total in the school fund from all sources was only $3,600,000. Governor LaFollette declared that not more than $2,000,000 had come from the sale of public lands, but that is certainly too low an estimate. The history of the sale and management of the state lands is taken up in the next chapter. CHAPTER V THE SALE AND MANAGEMENT OF THE STATE LANDS By an Act approved September 4, 1841, entitled "An Act to appropriate the proceeds of sales of public lands and to grant preemption rights," Congress gave to certain states then in the Union and agreed to give to states thereafter coming into the Union each 500,000 acres of public land, the proceeds from which were to be used for internal improvements.1 Wisconsin with the consent of Congress decided to devote its 500,000 to public schools. The Wisconsin Enabling Act, approved August 6, 1846 granted to the new state of Wisconsin for the support of schools the sixteenth section in every township, also ten sections of land for the purpose of completing or erecting state buildings, and all salt springs within the state not exceeding twelve in number along with six sections of land contiguous. In 1852 instead of the salt springs seventy-two sections of land were granted by Congress. By an act approved July 2, 1862, Wisconsin was granted 240,000 acres for an agricultural college. The Wisconsin Enabling Act granted and conveyed to the future state to be appropriated solely to the use and support of a university the seventy-two sections of land set apart and re Land Laws of United States, 1882, 260-261. *Secretary of State's Report, 1877, 55. Wisconsin has been granted the following number of acres for each of the following purposes: State Grants of Public Lands-Tables; General Land Office. (United States) March 12, 1896, (a pamphlet). served for the use and support of a university by an Act of Congress approved June 12, 1838, entitled "An Act concerning a seminary of learning in the Territory of Wisconsin." By an Act of Congress approved September 28, 1850 entitled, "An Act to enable the state of Arkansas and other states to reclaim swamp lands within their limits," Wisconsin came into possession of all the swamp lands within its borders. The proceeds of the sale of such lands Congress stipulated should be used in reclaiming the same. There have been numerous grants for specific works of improvement, such as canals and railroads. The constitution of the state provides that the Secretary of State, the Treasurer, and the Attorney-General shall constitute a board of commissioners for the sale of school and university lands and for the investment of the funds arising therefrom. Further general provision is made for the sale of the lands in the following sections. "Provision shall be made by law for the sale of all school and university lands, after they have been appraised; and when any portion of such lands shall be sold and the purchase money shall not be paid at the time of sale, the commissioners shall take security by mortgage upon the land. sold for the sum remaining unpaid, with interest at seven per cent thereon, payable annually at the office of the Treasurer... The commissioners shall have power to withhold from sale any portion of such lands, when they shall deem it expedient.''2 The significant provisions of these sections are first, some payment down shall be required of purchasers of the state lands, second, the commissioners may withhold land from sale. Unfortunately, these provisions have not always been heeded. There is much significance in the observation of the historian of land grants for education in the Old Northwest, "The whole history of Wisconsin discloses a solicitude on the part of the state to attract immigrants."'3 The management of Wisconsin's public domain has been marked by inefficiency, carelessness, and fraud. The state has sustained great losses through the premature bringing of land 2 Constitution of the State of Wisconsin, Art. X. Secs. 7, 8. 3 Knight, G. W. Land Grants for Education in Northwest Territory, in American Historical Association Papers, I. 106. into market, through trespassing, through under-appraisement, and through the sale on credit of timber lands which were forfeited to the state after they had been stripped of their wealth; the state, the people of the state, and prospective settlers have suffered great loss and great injustice because of the sale of immense tracts to speculators. Because of the mass of details connected with the history of the public domain, it is advisable to treat the subject under different heads. The subject of trespassing will be taken up first. Trespassing is defined by the Wisconsin law as "digging or removing minerals, or cutting or removing or in any manner injurying lumber, timber, trees, wood or bark standing or growing." It will never be known how much the state of Wiconsin has lost because its lands were not protected from vandals. It seemed to be the favorite practice with the thieving lumber trespasser to purchase some timber land near a fine tract of timber owned by the state and then to wander from his land over onto the state's domain. No law providing penalties for trespassing was enacted until 1865, although such a law was greatly needed many years before. In 1858 the Governor called the attention of the legislature to the fact that trespassing was continual and that in consequence thereof some lands were losing their value.* A law of 1860 provided that trespassers might, if the land upon which they had trespassed was open to private sale, purchase such land by paying the appraised price and a penalty of twenty-five per cent. The penalty was made fifty per cent in 1864 and one hundred per cent in 1871.5 If the trespasser held a certificate of sale for the land on which he had trespassed, he was to pay the balance due on the land and a penalty of twenty-five per cent of the purchase price; this penalty was Governor's Message, 1858, 27-28. In 1856, by joint resolution of the legislature, William Crombie was appointed to secure and dispose of wood, timber, and lumber taken from State Lands. Crombie made a tour through the northwestern counties and undoubtedly saved to a considerable extent lands situated there from being stripped of their timber. He estimated the value of his work at $30,000. He gained for the State a small sum by the sale of timber stolen from public lands, and began suits against many persons guilty of trespassing.-Secretary of State's Report, 1856, 101. Laws of 1864, ch. 233; Laws of 1871, ch. 21, Sec. 5. made one hundred per cent in 1876. In cases of purchase the commissioners were to deliver up to the trespasser whatever lumber, timber, logs, shingles, or shingle bolts cut from the land had been seized by the clerks of the commissioners. In case the certificate holder was not the trespasser, the latter might regain possession of the property seized by paying the amount due on the land and the expenses of seizure and sale." A law of 1871 provided that if the land trespassed upon had been sold previously it was to be sold only to the certificate holder. The law of 1865 already referred to made it a misdemeanor to injure in any way lands in which the state had an interest, including lands sold by the state on credit and lands mortgaged to the state. Any person who dug any mineral on or removed any mineral from such lands, or cut timber, lumber, trees, wood or bark upon any such lands, or removed any such timber or other material or any buildings, fences, fixtures or other property standing upon or belonging to such land or destroyed or injured the same, except when authorized by law was liable to imprisonment in the county jail for not more than six months and to a fine of not exceeding $1,000. In 1891 $100 was substituted for $1,000. A fee of not exceeding ten per cent of the fines collected was offered as an inducement to county prosecutors to proceed against trespassers. Witnesses and others furnishing information are allowed not to exceed twenty-five per cent of fines. If the property in question does not exceed $100 in value, punishment is by fine of $10 to $100. Persons interfering with clerks appointed to protect the lands and to seize lumber, etc., unlawfully taken were made punishable by not more than one year's imprisonment and a fine of not more than $1,000.❞ The law provides that when lands are sold on credit a certificate of sale shall be issued to the purchaser, but the title is to remain in the state until the full purchase price and interest have been paid. In 1849 it was provided that no certificate of sale shall confer upon the purchaser the right to cut down, destroy, or carry off the land purchased, any wood or timber thereon • Laws of 1876, ch. 314, Sec. 5. "Laws of 1860, ch. 233. Laws of 1891, ch. 64. Laws of 1865, ch. 377, Secs. 1, 3, 4, 6. |