The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-10
CANNOT GIVE THEM BACK
Secretary Bliss Decides Against
the Commission Plan.
NO WAY TO SWAP THE LAND
State Lands Which Will Never Be Re-
CLAIMED So Long as They Belong to
the State-The Arid Land Com
missions Proposition
Special Dispatch TO the Standard.

Special Dispatch to the Standard.
Helena, March 9.--Last October the
state board of land commissioners ad-
dressed the interior department TO
ascertain II the state might relinquish
lands that had been selected and take
other lands in lieu. This inquiry was
prompted by desire on the part of the
board to permit the arid land grant
commission to reclaim. under the provi-
sions of the Carey act. certain lands
which the state had derived from the
general government. So long as the
lands belonged to the state 1t was pat
ent that they could never be reclaimed
once decided back to the government il
was or course equally plain that the
ara land commission could step in and
acquire the lands under the Carey act
The question was whether the govern
ment would take the land back and
permit the state to make selection OF
an equal amount elsewhere In order
TO ascertain what could be done in thar
respect the inquiry mentioned was sent
to the interior department
To-day reply was received from
Secretary of the Interior Bliss, under
date of March 1. He writes that he re-
ferred the matter to Commissioner Her
mann, who decides against the propo-
sition. The secretary concurs in the
commissioner views. which he for
wards. Owing to the general interest.
the opinion of the commissioner is
given in full. He says:
The right of a state to reIinuuish
lands duly selected. prior to approval,
and take other lands in lieu thereof,
was considered by this office on the
aDnliCafinn 0f ha az ~
relinquish 2.S42.67 acres of land, on the
ground that the said land should have
been purchased by the state by certain
parties to whom the lands had been
grossly misrepresented, by an ire
sponsible person, for the sole object OF
obtaining fee: that the vendees would
forfeit the earnest money on the pur-
chase and that the state would be un-
able thereafter to dispose of the land
In passing upon the question, this
offce held that lands duly selected are
thereby segregated from the public do
main and are not. thereafter, subject to
settlement, entry or location, and un-
less sufficient cause be shown the state
should be held to it's selection, other
wise there would be no means of pre-
venting the withdrawal from entry OF
large tracts OF the public domain to the
injury OF bona fffIe settlers and the rule
applicable to such cases should NOT vary
from the rule prescribed under the laws
permitting an entryman to change his
entry.
AS to the lands to which the state OF
Montana has acquired title under its
grants, article II OF the state constitu-
ton requires that such lands shall be
held in trust for the people and none or
such land nor any estate or interest
therein, shall ever be disposed OF ex-
cept IN pursuance of general laws pro-
viding for such disposition. nor unless
the full market value of the estate or
interest disposed of to be ascerfainad
as may be provided by law be paid or
safely secured to the state, nor shall
any lands which the state holds by
grants from the United States lin any
case in which the manner OF disposal
ana minimum price are so prescribedl
De disposed of except In the manner and
for at least the price prescribed In the
grant thereof without the consent of the
United States.
yided any general law under which a
conveyance of said lands can be made
TO the United States in lieu of other
lands to be selected, and 1t is question
able II under said article of the consti-
tuition there is any authority in the leg
islature TO enact such a law
To-day Attorney General Nolan re-
ceiYed letter from Donald Bradford
OF the arid land commission for an
opinion on practically the same sub
Ject: whether the board or land COM
missioners can quit claim title to the
government to lands selected and re-
celye others in lieu. The attorney gen
eral now has the matter under eonsid-
Grafton. In his letter Mr.. Bradford
points out the great benefit that would
result to the state from such an ex-
change by the arid land commission
stepping in and reclaiming the lands.
He says in part:
A case in point Is the land selected
some time ago on the bench adjacent
to Corvallis and Stevensyille in the Bit
.er Root valley. amounting to about
Ii 900 acres. and therefore is of no value
for range purposes. As the state board
cannot sell these lands for less than $40
an acre, and has not the power to put
water upon them, IL is very patent they
will remain barren and the wealth pos
% the state. Thus the state institutions
are charged with worthless acres
whereas they could be sold or issued
FOR good sums.
The Bitter Root valley is quite dif-
,erent from most high mountain val
eys in that the climate and soil com-
pine 10 make one of the most produc-
i've sections anywhere TO be found. and
susceptible Of supporting a large ponu-
alton upon large farms. It's fruit Is of
ne fnest quality and the market for
[ practically unlimited
AAN pAAATi IA9ul river Is amply large
@ trrigate every available acre Of good
and in the valley. With these facts In
fiew. this commission believes that 4
sw years of output from these lands
I reclaimed win be Of too great value
o lose through a mistaken idea that nc
'ome distant day. perhaps $40 per acre
nay be received from them 1T il rea-
'onahle 70 say that these lands when
iet IN fruit and hay. will produce much
more than double SO an acre every
ear. therefore. in the judgment or this
commission. the law not only eontefn-
olates such exchange Of lands. hut good
Judgment based upon promised results
Commands it,"