The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-04-30
instructions Issued by the Board Of
Land Commissioners to In
tending Purchasers.
Lands Near Missoula to be- Sold
First for a Permanent
School Fund.
The Question Whether q School District
Can be Garnishsed or Not to
be Tested.

A circular letter concerning the purchase
or lease of state lands will be issued to-mor-
row by the state board OF land commission
ers. II contains the following information:
Section 1G and IS in each township and sew
enty-two sections known AZ University lands
belong TO the state. None of these lands,
however, will be offered for sale or lease
until the same have besn surveyed and
classified pursuant to the constitution and
the laws. Owing to the lack of clerical
force in the commissioners Office it Ii
doubtful whether n of the lands will be
ready for sale or lease prior to January l,
1892, except such as are situated adjacent
to the city of M~issoula, which will be
plated and sold at the earliest practicable
time. Pending the necessary survey. plat
ting and disposal of all lands belonging to
the state, no right can be initiated by any
person under the laws of the United States
or this state. The following is taken
from the act admitting Montana
into the union. ''Section II. That all
lands herein granted for educational pur-
poses shall be disposed of only at public
sale, and at q price not less than $40 per
acre, the proceeds to constitute a permanent
school fund, the interest only of which shall
be expended In the support Of said schools.
But said lands may under such regulations
as the legislature may prescribe, be leased
for periods of not more than five years, in
quantities not exceeding one section to any
n person or company; and such lands
shall not be subject to presumption, home
stead entry, or any other entry under the
land laws OF the United States, whether
surveyed or unsurveyed, but shall be re-
served for school purposes only
An act to prevent depredations upon the
school lands and other lands of the state
approved March 4, 1891. is as follows:
Section l. Any person or persons, COM
pany or corporation, unlawfully cutting,
telling, girdlinR, i~njurinR or destroying any
timber upon any of the school lands, uni
versity or other lands of the state, or re-
moving or attempting to remove any tim
Der therefro1n. or who shall knowingly pur-
chase or receive Any timber SO removed as
aforesaid, or cause or advise a removal
thsrefrom by Others, shall be deemed guilty
of a misdsmeanor, and upon conviction
thereof shall be fined in any sum not less
than 800 nor more than $1,000 or be i'm
prisoned in the county Jail not less than
thirty days nor more than six months, or
both said fne and imprisonment.
Section 2. Any person or PERSONS, COM
pany or corporation, violating the provis-
ions of the foregoing sections shall be also
liable to a penalty equal to three times the
value of the timber so injured, cut. felled,
be recovered BY a civil action in the name
of the state, md all moneys recovered I'M
der the provisions of this seetion shall be
put into the public school fund of the
state"
Section 80 of an act entitled Gan act to
provide for the selection, location, ap-
praisal, sale and leasing of state lands" is
as follows: "Section 32. II any person
shall commit trespass or other injury to
the lands of the state, or upon any of the
improvements thereon the person
so offending shall be guilty of
viction shall be fined in a sum not less
than S25 and not exceeding $1,000, and it
shall be the special duty of the superin-
tsndsnt of public schools to take cogni-
zansc of all such offenses committed in his
county, and report the same to the proper
officer. All Justices of the peace, upon in
formation. oath, affirmation, or of their
committing any of the ~offsnses mentioned
in this section to be brought before them
by like process as in criminal cases, and to
enter into a recoRnizance to appear at the
next torn of the district court Of the dis
triot in which the offense was committed,
6Au IN 0e1hult OIL sucn acquaintance TO CON-
init such person to the Jail of the county
It will be observed that until these lands
are sold or leased no trespass will be al
lowed or condoned. Persons who entered
upon school lands in good faith prior to
March 6. 1891, for the purpose Of making
q home will DO given the preference in the
disposition of such lands but until tho same
are disposed Of they are liable under the
law for cutting or removing therefrom TIM
Der, earth. stone or other material, or other
wise %despoiling the estate. The board is
invested with plenary authority to prose-
cute all tresspassers upon school lands and
this will be lone without exception or de-
lay. The circular is signed by Governor
Toole AZ president of the board of land