435 



volunteer to give any other information than that asked for, as he 

 had no means of knowing the purpose or object for which the 

 information was desired. Further than that, in the year 1886, there 

 were 5,000 copies of the report of the forest commission scattered 

 throughout the State, and more especially in that section where there 

 were large holdings of State land; in that report was printed a list 

 of State lands in the counties included in the forest preserve, and on 

 page 224 the lot in question was fully described, giving the number 

 of acres and the fact that there were no tax sales against it since that 

 time. 



During the past thirty years the lot has been steadily increasing in 

 value and is worth to-day about $3,000; the amount to be paid for it 

 as provided for in this bill is much less than that sum, and allows 

 nothing for the appreciation in value of the land during the thirty 

 years that the State has owned it. 



The precedent which this bill establishes is unsafe, namely: That 

 two individuals may, either through fraud, collusiqn or carelessness, 

 assume to bargain, sell and dispose of lands of an innocent third 

 party — in this case the people of the State — without that third 

 party's consent, and then make such assumption the basis of a claim 

 of right to demand that the title still remaining in that third party < 

 should be surrendered. 



The price in the , bill is inadequate, the principle wrong and the 

 precedent bad; in short, Benton Turner's proper recourse lies with 

 Ostrander & Marsh, the parties who sold him land which they did not 

 own, and not the State of New York, which was in no way connected 

 with the transaction. 



It may be added that the last clause of the bill making the pay- 

 ment of " other taxes," inasmuch as no taxes have been assessed by 



the State against the property. 



Tours. 



TOWNSEND COX, 



President. 



A. The first statement in that brief that Mr. Cox made he knew it 

 from me personally that my title to that land was represented to be, 

 the searches that were shown to him were right; the first statement 

 he knew when he made that was absolutely false. 



Q. What you offered was to pay this omitted matter, pay it to the 

 State and lose it ? 



A. Yes, sir. 



Q. How much did you pay for these lands? 



A. Nine hundred dollars. 



