595 



recommended by both branches that there should an exchange of 

 land. Then the discretionary power which had been vested in these 

 commissioners was by them put into motion and tney concluded that 

 the time had come when it was their duty to act in regard to the 

 matter because it was the wish of the people of the State as expressed, 

 through their representatives. That is the history of the Everton 

 Land Company transaction, but even then they were unwilling to 

 recommend the exchange without great care being taken with reference 

 to the proviso made, and the result was that they passed a veary careful 

 resolution by which they recommended that an exchange should be 

 made, provided that at least 26,000 acres could be obtained for 

 the 12,000 of the State. This was an exceedingly cautious, careful 

 proceeding on their part and the effect of it was this : There- 

 after appraisers were appointed for the purpose of ascertaining 

 the value of the Everton company's lands; those appraisers were 

 appointed by the county judges of the counties in which the 

 lands were located and upon the application of a special attorney*- 

 general, appointed by the Attorney-G-eneral for that purpose. 

 They appraised the lands at a much less value than they were 

 fixed by the commission in arranging for the exchange. Not one 

 word of evidence has been given here, With regard to the value 

 of those lands, to show that they were greater, or less, or in a/iy 

 wise different from that of the appraisal. It is no part of our duty 

 here on behalf -of these commissioners to vindicate the action of these 

 appraisers, or of the gentlemen connected with it, and yet it is so plain 

 to everyone upon the face that they discharged their duty and their 

 whole duty, from the fact that no evidence is brought here to the con- 

 trary, that it seems most unjust that an attack should have been made 

 upon them here, and one that, it seems to me, ought to be resented by 

 everyone connected with the matter not only, but by every lover of 

 fair play. 



Now, beyond that question, beyond the fact that the action of 

 these appraisers is not attacked by evidence and only by innuendo, 

 comes this very pertinent statement with regard to it, that 

 under the action of the commission the State would get for 13,355 

 acres over 28,937 acres. Under the appraisal the State would get for 

 its 13,355 acres, 18,582 acres. The action of the commission is more 

 favorable to the State than the action of the appraisers by 10,355 

 acres, and the same lands are in question and here the action of the 

 appraisers is in no wise attacked, and can not be in regard, to values, 

 and jet the action of the commissioners with regard to the matter 

 is sought to be criticised when their action is more favorable by 



