Lyders

This is a special proceeding arising out of a contest between two applicants for the purchase of swamp or overflowed lands of the state and referred to the superior court of San Mateo County for trial and decision by the surveyor-general of the state under the provisions of section 3414 et seq. of the Political Code.

The plaintiff, who is last in time in filing his application, charges in his complaint that he was delayed in receiving a survey from the county surveyor of San Mateo County and charges, upon information and belief, that this delay was the result of a conspiracy on the • part of the county surveyor and defendant Wilsey, who is the other applicant for the right to purchase the lands in controversy. For the purpose of raising this issue the complaint alleges that the defendant Kneese, who at all times was the county surveyor of San Mateo County, had employed Wilsey as a deputy county surveyor in his office, and that the county surveyor, having learned through the plaintiff that the lands in controversy were open to purchase from the state, conveyed this information to his co-defendant and that he and his co-defendant then conspired to so delay action upon plaintiff’s…