Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-08-28

Territories. ~
Gen. Bsadls. superintendent Of psbli,
instruction for Dakota territory, addressed,
letter to the commissioner of education ID
regard to the d%epredations committed ~
settlers upon the lands reserved BY the
government for the benefit of schools. The
letter Of Gen. Beadle, although We have not
ssen il, We apprehend refers to the removal
oftimber from this class Of lands; but it will
Be seen BY the letter of Secretary Schurz
that the occupancy Of school sections for
any purpose whatever is illegal. and sub
|jscts the occupant to the penalties provided
BY Law. The following is the secretary's
letter to the commissioners education:
Department ofthe Interior, Warrington,
D. c., August 8. 1679.-SIR: I have re
ceived your letter of the 9Th instant, In
closing . letter from Hon. W. II. n. Beadle.
superintendent of public instruction for Da-
kota territory. dated Wshpeton. Dakota,
IL 18th ultimo, in relation to depredations
6elng committed upon sections l6 and So in
said territory by cutting and removing tim
Der therefrom aud also by cultlyating the
same for crops as private property.
Mr.. Beadle desires to be informed wheth.
or sections 16 and SO in each township of
surveyed lands In said territory are public
lands, or whether they are $50 under terri.
torial jurisdiction % to enable Us to bring
actions in favor Of our public school fund.-"
Section IA Of an act entitled IAN act to
provide . temporary government for the
territory OF Dakola, aud to create the
Office Of surveyor general therein" reads as
follows: And be it further enacted, That
when the land in said territory shall be
surveyed under the direction Of the govern
ment of the United States, preparatory TO
bringing the same into market, sections
numbered 1e and SO Ia each township In
said territory shall be, and the same are
hereby. reserved for the purpose of being
applied to schools in the states hereafter 10
be erected out of the same."-l2 Stat, page
243.
The lands are public lands. although re-
served for q particular purpose, and all tres.
passes committed upon them render the
parties guilty of such trespass liable to
prosecution under the laws of the United
States. The penalties collected for tres.
passes, however, would a0t inure to any
school fund Of the territory. The United
States has not granted the title to such
lands, but has reserved them, In order that
at some future time, when a state shall be
erected out Of such territory, the same may
be granted to such state.
In relation to the right of the United
States to prosecute fr trespas, / think
there can be no question. Section 2,46l of
the revised statutes provides specifically
the punishment for cutting and removing
timber from the public lands; and while I
am not aware of any statute which provides
for a rule of damages for using and cult
waiting lands of the United States which
cannot under the Law be sold, still I am of
the opinion that the United States has the
right to recover mesne profits for the use OF
said lande.
In the Gaze Of Cotton vs. the United
States, II Howard, 229, the supreme cour
say although as q sovereign the Unitet
States may not be sued, yet as . corporation
or body polite they may bring suits to en-
force their contracts and protect their prop
erty, in the state courts, or in their own
tribunals administering the anne laws. Al
an owner of property in almost every state
Of the union they have the same right to
have it protected by the local laws that
other persons have"
In the case of the United States vs.. Gear,
8 Howard, 120, it was held that the United
States had the right 10 maintain an action
of trespass for taking ore from lead
mines.
On the same principle l think the gov
eminent would Be entitled to recover for
any other beneficial use to which the public
lands might be put. =.
You may, therefore, advise Mr.. Beadle
that if he will furnish this department with
information rs to the cutting and removing
of timber from sections 16 and SO or any
other public lands in the territory of Dako-
to, giving = description Of the tract tres
passed upon, time when the trespass was
committed, and the person or persons by
whom committed, the same will receive
prompt attention.
You may also advise him that if he will
furnish to this department like information
of persons who are %cultivating and using
such sections, proper action will be taken
thereon. Very respectfully,
G. ScHuRz, Secretary.
Hon. JOHN EATON,
Commissioner of Education.
FRESH OYSTERS.