“Well, Bobby, my boy, what's on your soul this morning?”
“A very heavy weight, Mr. Dunstan. Desert land. Acres and acres of it.”
“Any water?”
“Not yet.”
“Any prospect?!”
“I have it bottled up, and it's all mine. Now I want the land.”
“Well?”
“I want to acquire thirty-two thousand acres of state lieu land in Owens
river valley, Mr. Dunstan.”
“You cannot do it.”
“Well, suppose there was a rule in the State Land Office which forced
prospective purchasers of state lieu lands to first designate the basis
of exchange before their applications would be received and filed.
Suppose also that you wanted to turn crook and steal thirty-two thousand
acres of lieu land, despite this rule. How would you go about it?”
The lawyer glanced at him keenly. “See here, son, I don't give that kind
of advice to young fellows--or old fellows for that matter--even for
money. I'm an honest corporation attorney, and stealing the public
domain is illegal--and very, very risky.”
“Don't worry, sir. When I have your advice, I will not follow it. Tell
me how you would steal this land. It's a hypothetical question.”
Dunstan smiled. “That's unfair--attacking a lawyer with a hypothetical
question. It's rather hoisting him on his own petard, as it were.
However, I'll answer it. In the first place, if I planned to go into
the business of looting the public domain I would conspire with some
prominent official of the State Land Office to institute such a rule.”
“Good. Somebody conspired with a surveyor-general forty years ago
and had such a rule instituted in the State Land Office. The state
legislature, however, has never been asked to confirm that rule and
spread it in black and white on the statute books.”
“Well, having had such a rule instituted” continued Dunstan, “I would
then have the public at a disadvantage. Through my friend in the land
office I would have primary access to the field notes of the chief of
staff in the field, and I would have advance information of where
losses of school lands were soon to occur. In other words I would be in
position to designate every basis of exchange of lost school lands for
lieu lands, and the public would not. I'd give some weak brother say
one hundred dollars to file on some lieu lands and use the basis which
I would designate, and in the meantime I would hustle around, secure in
the knowledge that I had the basis tied up. It would appear of record
as used in the state land office. When I had secured a customer for the
lieu land I had tied up with my dummy applicant, the dummy would abandon
his filing in favor of my client, I would collect the difference between
the statutory cost of the land and the price my client paid me for it,
whack up with my friends in the land office and consider myself a smart
business man.”
Public-domain text, read in full here on John Shaqi.
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