sary and would be tedious to explain here, by reason of which the Nebraska springs had unwittingly been excepted from the rule, which, as above stated, Congress had, from the first, intended to apply to all such properties.

In 1857 or 8 Mr. John Prey had removed to this territory from Wisconsin and with his sons, Thomas, William L., and John W., had settled upon public lands lying in what is now Lancaster county. Afterward William L. obtained employ ment from the late J. Sterling Morton at the residence of the latter, near Nebraska City in Otoe county. The regulations offering the lands for sale at the United States land office at the latter-named place made no reservation for the protection of settlers. The elder Prey had sold his farm in Wisconsin, but had not yet been paid the purchase price, and was therefore without means to secure the possessions of himself and his sons. In this emergency he, as well as some of his neighbors, similarly situated, applied to Mr. Morton for assistance. Morton, as agent for certain eastern parties, had in his possession a considerable number of military bounty land warrants, issued under the authority of an act of Congress approved September 28, 1850, and which were selling at some discount and were exchangeable at their face for public lands at their minimum price. His instructions were to sell them either for cash or to permit them to be located, relying upon the good faith of the locators to secure their payment upon the land as soon as title therefor should be obtained, Morton being responsible to his principal for the consummation of the transaction in good faith. The Preys, besides asking for warrants for the purpose mentioned, which he seems to have furnished without hesitancy, besought him to furnish additional warrants to cover what has been called the Great Salt Spring, representing to him that it was rich with salt which at a day not far distant would be very valuable. He had never seen the land itself, or the surveys or plats in the land office, or talked about them with any United States official, and was skeptical about its containing salt deposits of any considerable value. On the contrary, he believed it to be

alkaline land unfit for agriculture or any other useful purpose, and so expressed himself. No one, however, seemed to doubt that it was lawfully subject to entry and sale, and the subject was not discussed or so much as mentioned. With a great deal of reluctance and after much importunity, he finally consented to furnish a part of the warrants asked for, provided the locations should be made in the name of William L. Prey, in whom he had the uttermost confidence and upon whom he mainly relied to carry out the arrangement usual in such cases. But for some unknown reason, probably because of the mistake or inadvertence of the register of the land office, the location was made in the name of John W. Prey. These entries were made on the 12th day of September, 1859. In July, 1868, John W. Prey executed a deed purporting to convey to Morton an undivided one-third of the lands mentioned in the certificate of location, and on the same day similar deeds were made to Andrew Hopkins and Charles A. Manners. Patents were issued by the land department and transmitted to the local office, for delivery to Prey, but the Secretary of the Interior, upon being informed that the lands contained valuable saline deposits, arrested them before delivery, and after having caused an investigation to be made, directed their return to Washington and cancellation, which was done in the year 1862.

The only question affecting the validity of the location or of the patents was whether the springs had been reserved from sale, or "private entry," as it was called. That the land was valueless for agriculture was apparent to all, and no attempt at their actual occupancy by Prey or his grantees was made until after the lapse of more than ten years from their location. The Nebraska legislature met in regular session on the 7th day of January, 1869, and the governor's message read on the next day submitted the following matters for their consideration:

"Although comparatively little has been accomplished in the actual production of salt, that little has settled beyond question, if indeed further proof was needed, that we have,

within sight of this hall, a rich and apparently inexhaustible supply of pure and easily manufactured article. It will be directly and indirectly a source of wealth to the state, whose great value no one can fully estimate.

"Prompted by a sense of the importance of the early development of this interest, I gave to Mr. A. C. Tichenor a lease, conditioned upon the approval of the legislature, of one section of the salt lands belonging to the state. One-half of his interest in the lease was, by Mr. Tichenor, assigned to the Nebraska Salt Company of Chicago. This company, from want of means or some unknown reason, has failed to fulfil the obligations undertaken in their purchase. So far has it failed that the local demand for salt has not been supplied, and that it has been unable at times to supply even a single bushel for home consumption. It is credibly represented that this company has refused to pay the debts which it has contracted among our citizens. While such is the state of things with this company, experienced men declare their readiness to invest in these works any required sums, if the opportunity is presented them.

"The original lessee, in assuming and meeting the liabilities of the company, has a considerable amount invested in buildings and other works adapted to the prosecution of successful manufacture. He, as managing agent for the company, has been faithful, though he has failed to receive the support which it is the duty of the company to render. He could not by any action of the state be made to suffer. But the public interest is at too great an extent involved in the speedy and full development of the productive capacity of these salt springs to allow them to lie in the hands of those who, from lack of energy or means, shall fail to work them to their full extent. Though the government should not take possession of the works built by Mr. Tichenor, without making full compensation, the general assembly should at least take such action as will soon result in securing the manufacture of salt to the greatest possible extent.”

The legislative response to this urgent appeal was an act, approved February 15, 1869, by which the lease mentioned in the message was declared to be void and of "no effect in law," and the governor was "authorized and directed" to enter into a new lease for the same lands with Anson C. Tichenor and Jesse T. Green, covenanting for the construction of certain manufacturing works, to the aggregate cost of one hundred thousand dollars, the commencement of the manufacture of salt within ninety days from the date of the instrument, and the payment to the state of two cents per bushel upon the gross output, and providing for a forfeiture of the lease for failure to make the required improvements or for failure to prosecute the business for so long a period as six months at any one time. The act also authorized the governor to lease any other of the saline lands to any other competent persons upon substantially the same terms, but requiring a greater or lesser expenditure for improvements, as he should see fit. On the same day the session was finally adjourned and on the same day also a lease with Tichenor and Green, as contemplated by the act, was formally executed, and the lessees went into possession thereunder and proceeded with the erection of vats and pumping apparatus for the purposes of manufacturing salt by means of solar evaporation of the surface brine. It is shown by the official report of the state treasurer, James Sweet, under the date of January 12, 1871, that the total revenues derived from royalties for the manufacture of salt were, up to that time, $53.93, indicating a total production of 2,6961⁄2 bushels. It does not appear that the state ever subsequently received any income from that source.

The governor convened the legislature in special session on the 17th day of January, 1870, and submitted to them a message reciting the objects to accomplish which they had been called together, and containing the following paragraphs:

"To ratify and confirm a certain contract made by the governor for the conveyance of certain lands to Isaac Cahn and John M. Evans, to aid in the development of the saline interests of the state.

"Anxious to secure at an early day as possible the development of our saline interests, I entered into a contract with Messrs. Cahn and Evans in August last, whereby they obligated themselves to commence at once the sinking of a well on land leased to them for that purpose, and to continue the sinking of the same to the depth of eight hundred feet unless brine of fifty degrees in strength should be sooner obtained, and to keep a perfect geological record of formations passed through in the prosecution of the work.

"To aid them in this, I contracted, subject to your approval, to deed them two sections of saline lands belonging to the state.

"Since that time they have steadily prosecuted the work, meeting, however, with very many obstacles. They have already expended twelve thousand dollars and it will cost them several thousands more to complete the work. The geological record provided for in this contract will prove invaluable in the sinking of future wells. I trust you will see the justice of this measure and cheerfully confirm my action in the matter.

"It is of the highest importance that this interest be devel ́oped without delay, and I see no way whereby it can be done without state aid."

Without giving the matter mentioned in the foregoing paragraphs of the governor's message any consideration, the legislature finally adjourned on the 4th day of March, 1870, and were by executive proclamation reconvened in a second extra session on the same day. Again the governor, by message, urged upon that body the importance of the subject. under consideration, saying:

"The ratification and confirmation of a certain contract made by the governor for the conveyance of certain lands to Isaac Cahn and John M. Evans, to aid in the development of the saline interests of the state, or such other aid as the legislature may see fit to extend. I again urge this subject upon you for your earnest consideration. I can not but think that the best interests of the state need and demand it. The time