TWENTY-SEVENTH LEGISLATURE.

No. 20.]

[HOUSE.

STATE OF MAINE.

THE joint standing committee on state lands and state roads, to which was referred a bill and an order, in relation to the "lands reserved for public uses," having had the same under consideration, ask leave to submit the following

REPORT:

That upon examination of the reports of the land agents for the years 1839 and 1846, they find about two hundred and twenty unincorporated townships held under grants from Maine and Massachusetts either jointly or separately, and subject to the usual reservations of lots for public uses. They also find that there are about one hundred and eighty townships still belonging to the two states either jointly or separately, including the unsurveyed lands, all of which are entitled to the usual reservations of public lots, making in the whole, about four hundred townships, in which the reservations will amount to nearly four hundred thousand acres, equivalent to about seventeen entire townships.

Provision is made for these reservations in the seventh section of the tenth article in our constitution, and they are for the benefit of the inhabitants of such townships, whenever they become incorporated, for the support of the ministry and of schools in such town

Until therefore such incorporation takes place, the fee of the land is in abeyance, and the state by virtue of her sovereign power is entitled to the care and custody of the same, until the fee shall rest in those for whose benefit the grant was made.

It is apparent from an examination of the early resolves and laws of the two states, in relation to these reservations, that the land itself was originally the principal object of the grant, hence little or no legislation, until recently, has been had for the protection of this property, while the fee was in abeyance. As the settlement of the country however, progressed, and the value of the timber became enhanced, it was found necessary to protect the growth upon these lots from trespass.

Accordingly in 1831, the land agent was authorized and enpowered to take care of the public lots, and preserve the same from pillage and trespass. Under his administration suits were commenced against trespassers upon the public lots, and the question was raised, who could rightfully maintain such an action, and it was decided by the supreme court, (see State vs. Cutler, 16 vol. Maine reports, page 349,) that such an action could be maintained in the name of the state.

In 1842, the care and custody of the reserved lands were transferred to the county commissioners of the several counties wherein such lands were situated, and they were empowered to cause said lands to be run out and located, where locations had not taken place.

In 1845, the county commissioners were authorized to grant permits for cutting timber on the reserved lands, and to pay over the proceeds to county treasurers; and in 1846, they were authorized to invest the funds arising from the sale of timber on the reserved lands, in town, county, and state securities, and in certain cases to pay over the interest to organized plantations.

What has been done by the county commissioners in relation to these lots, the committee have not full information. They have examined the annual returns made by county treasurers to the secretary of state; but these returns are incomplete, and not one shows an account current of the receipts and expenses arising from

the management of these lands, or what is the present balance in their hands.

In one county no returns are found for the last two years, except mere estimates for the annual appropriations. In this county, it appeared from other evidence, that the present board of county commissioners have in their hands about seven thousand dollars in securities arising from the sales of timber upon the reserved lands, besides an unascertained balance in the possession of a former board who had made no settlement with the present board, and that a court house was being rebuilt from these funds. In another county, the county commissioners were building a gaol from these funds.

A serious objection to the present system arises from the fact, that in many cases, the amount of the sales of timber from these reservations in one township, is appropriated by the county commissioners to pay for expenditures upon other townships, and in one instance, in an organized plantation, where the sales had amounted to about fifteen hundred dollars, the interest of which had been divided among the schools in said plantation, this amount had been taken away and absorbed in expenses incurred elsewhere.

In some counties, large amounts have been drawn from the county treasurers, by the commissioners, to pay for the expenses in ruuning out and setting off the public lots, in selling stumpage, scaling timber, and protecting the growth from trespass. Perhaps under the present system, these expenditures are necessary; but your committee believe that an alteration of the laws is called for, in order to save these expenses, by making provision for a more speedy sale of the timber, and of transferring to the purchaser of the timber, the expenses of the location, where no location has been made.

The committee can see no good reason why an exception should be made of the lands reserved for public uses, to take them from the care and custody of the land agent, whose duty it is to take care of all the public lands, and who is paid for that service.

It is understood that in some townships where the fee is still in the two states, that the county commissioners are making locations

of the reserved lots, and threaten to bring suits in the name of the state against persons cutting timber upon those townships under lawful permits granted by the land agents of Maine and Massachusetts. And should the present system continue, an inevitable collision may be anticipated between the county and state authorities. Considering the large number of these lots, and the location of many of them in valuable timber districts, it is apparent that large amounts of money must be eventually realized from the sales of timber growing on them, and it may be well for the state to consider the relation in which she stands in regard to these reservations.

As the state holds these lands as trustee for certain beneficiaries, under the provisions of the constitution and the laws of the state, she has no right to delegate this trust to others, as she is alone responsible for their management until those shall come into existence for whose benefit the reservations were made. When the inhabitants of those townships become incorporated, in which public lots have been reserved, they will look to the state alone for the forthcoming of such amounts as may have been realized from the sales of timber taken from said lots, and will not consent to be turned over to other corporations or persons, who may have misapplied or lost the funds.

It is a well settled principle in financial affairs, that the accountability of all receiving and disbursing officers should be secured by responsible bonds; but no such provision has been made in relation to the funds arising from the sale of timber on the reserved lands in the hands of county commissioners.

It is believed, therefore, that the care and custody of these lots should be in the land agent, and that the amount realized from the sale of timber on such lots should be paid into the state treasury, where it can be under the control of the state, and where in case no incorporation takes place, the amount may enure to the benefit of the whole state.

In regard to all those townships belonging to the two states, either jointly or separately, in which public lots are hereafter to be set

out, it is believed that there is a peculiar fitness in having the care and custody of the same in the hands of the land agent, as he can dispose of the timber on such lots, at the same time he makes sale of the townships and thereby save expense.

The main question therefore appears to be, whether the state shall have the management of these lands, and the custody of the funds arising from the sales of timber on the same, or shall surrender them to the counties wherein such reservations exist.

The committee, believing that this property should be under the immediate control of the state authorities, and in order to carry out their views as herein expressed, for the better management of these lands, respectfully submit the accompanying bill.

ELIJAH L. HAMLIN, per order.