The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-19

Of the secretary Of the interior from the
'szrveyed, unreserved and unap2ropra1tso
pubic isads' The experience OF the state
ahundauriy demonstrates that II this sec
ton OF the enabling act Is 20 serve az an
inhibition against thu designation. prior
20 survey, Of Iaads desired for selection by
the state, the good faith and fair intention
OF congress In granting the lands never
can be expressed and fulfilled.
the souafter and timber land locaters.
not TO mention the conspsring agents OF
the land companies secretly operating On
every side, hare the state ~ their mercy
because Of the right Of possession con-
coded 10 all claimants other than the state
who may enter . township during the
year or two years. IS the case may De, be-
tween the time survey 10 applied for and
completed.
las indicative Of the viii Of congress. il
In provided in the sundry civil bill that IN
expending the money appropriated Tor
surveys preference shall be given In favor
ogsurveying townships occupied in whole
or in par. by actual settlers and OF lands
granted to the state In this provision
the two interests are conioined as Of equal
merit and OF equal right. Why should the
state, then, be subject TO the prejudice
and injury imposed BY laws and depart
nent rules fayoring the settler wholiye
The word .unreserved' plainly apples 10
the converse of lands set aside for Indian
and military reservations, parks and other
purposes, and 'unapproDriated' signifes
land not previously given to corporations,
individuals or communities. Ii could not
have been the purpose 10 declare IN Sec
ton 10 that congress abrogafed the power
and abandoned the duty of making any
further provision TO aid the state in Sc
curing the granted lands on an equitable
basis
"As to the final obstacle In section 10, to
be discovered in the requirements that the
lands shall be selected under the direction
OF the secretary of the anterior from sur
veyed' lands, congress has already gone
to the length OF suspending the consum-
nation Of surveys. 10 give the state sixty
days in which TO appear and file on selec-
tions. While the concession of this pre-
ference right has not afforded the relief or
secured the fair play desired. it has proved
the disposition Of congress to do justice
TO the states concerned. The state has
been conceded the right OF fling on
selections prior TO the contamination
of survey. Why can IL not ce allowed
the same right at the initiation of
survey in furtherance of the urgent neces-
sity OF giving it Just and equal opportu-
nifty with the settler for the selection of
desirable landY With the requirement by
law that. pending the contamination of
survey aud during the period intervening
between the application for survey and the
filing. the particular township or specified
sections therein shall be exempt from the
operation of the homestead and timber
claim laws. the added requirement that
the selection be made under the direction
of the secretary Of the interior from sur
veyed land would not be incongraous,
since the first provision is one of reserva-
ton, while the second contcmplates the
final requirement. OF title.
I'm the opinion of the governor and the
board of state land commissioners, the
purpose OF bin that might be suffered to
die In either house could DO effectuated
through a provision inserted in the sun
dry civil bill.
"0f the three methods which seem DOS
sible of adoption. the governor and board
OF state land commissioners strenuously
favor the one exempting townships from
settlement from the time the state applies
for the survey until the selections therein
have been filed upon.
"The three propositions submitted to
you for consideration and action are: /.
Can the state secure the reservation of
certain sections in unsurveyed town
ships. such reservation to date from the
passage OF the act IN which this provision
Is NADER. z. Can the state secure the
right TO apply for the survey OF townships,
exemption from settlements to begin when
the application Of survey is filed with the
a.
cure the right to apply independently or
in company with actual settlers for the
survey of townships, the selection of state
land TO be designated in such applications
and exemption from settlement on land SO
selected. TO date from the fiieing of the APP
plication with the surveyor general2
1T Is not quite clear from the quoted re-
marks of the commissioner of the general
land Office whether his idea was that the
n ha feA fnr ha ot1t
grants should be reserved in unsurveyed
townships, or passed to the state at the
time OF filing of the plats of survey. Ii is
entirely probable tina. objections of the
constitutional debaters in congress TO the
plan OF reserving sections of unsurveyed
townships would be raised. as against any
argument OF expediencv that might be ad-
vanced. On the other hand, should the
title of the state 10 the sections designated
attach at the time of filing of the plat of
survey no advantage would result. Such
land would still be open TO homesteaders
and timber claimants, subsequent to the
time application for survey had been
made IL must follow that in such sections
the state would lose the most desirable
tracts, IS is the experience under the pres
ent system. 1t should be remembered
that the policy OF appropriating sections
10 and So Of the public domain for ma
tional educational purposes was insti-
| tuted at n time in the march of statehood
! when recruiting commonwealth we're not
buFuensd with vast ranges of barren
| mountains and immense areas Of marched
| plans. While the Western states of the
! inter-mountain regions discover an incon-
| sequential quantity of vaigeless land in
| their school section grant, states like
/ Washington, Montana and Idaho suffer a
/ loss of from 50 TO % per cent by reason of
| sach reserved sections falling In arid and
nj n a a L.
state grants would DO Impoverished by the
| reservation of certain sections in town
ships yet 10 be surveyed. should it he pro-
| Nided that such sections pass to the state
in the eRactmen; OF the law
While the second proposition might
| also be opposed because OF seeming in bar
/ uony yith the provisions OF section 10 of
| the enabling act. anything resembling .
1 liberal construction of that section would
/ justify the adoption OF the plan 10 reserve
| TOW nships, as has been pointed out
should the second proposition fail il
| cannot be seen how congress could Justly
| disregard the third. The essence of inns is
4 that the state IS in all respects nj aced on
I an equal footing with the settler II the
! state, through its agents, may designate
| certain quarter seetions.ln It's Application
/ FOR survey, the right TO such selections 10
/ be possessorg one dating from the II ing
| OF the Application, II VIII occupy precisely
I the aitituds OF the settler; that Is TO saw.
/ II viii asye gone to the expense aud irou-
I be, as a settler does. 20 secure IN each ia
/ stance desirable tract OF land, the title 10
! which u should be enabled to acquire with.
( cut delay.
Between the second and third PROPOSE
I ;ions. therefore. the remedy would seem 10
f lie. Applicable to the second she follow
ing Il submitted Tor adjudication and
adoption ia The suHdry civil bin tlSt. form