The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-29
IT'S 4 WELCOME RULING
The State Osn Now Exchange
Its Public Lands.
RAvALLI COUNTY LANDS
Are Now Made Available by the Ruling
OF the Secretary OF the Interior.
Conditions Under Which
II May Be Done.
Special Dispatch to the standard.

op<Ci8i DnEpatCn 10 the Stono@io
Helena. Oct. ss.-The state a de-
partment IL In receipt OF a ruling re-
Gently made by Secretary Bliss that is
welcomed by the department. as II will
enable the state. under certain condi-
tons. to relinQuish some OF the state
lands already selected in lieu Of others
more valuable. This ruling Of the sec
rotary is the result of the efforts that
the state commenced a year ago to ef-
feet IN exchange. Al h a time and
subsequently II was represented to the
department that the state would like
20 r~elinouish certain lands in the Bit
ter Root valley, taking others in ex-
change. the purpose OF the
being TO permit the state arid land
commission to reclaim the AVA
county n
After a lot OF correspondence with
the department and an exchange OF
opinions upon the legality OF the propo-
sition between Attorney General Nolan.
who claimed the state had n legal right
20 effect the change. and the depart
ment. which held to the contrary. the
secretary OF the interior declined TO
sanction II. since the lands that the
state proposed to surrender were al
ready patented. Then the state board
Of land commissioner requested the
department to at least permit the state
70 effect such an exchange. where the
lands to be surrendered had not been
patented. the desire being TO secure for
h state a better class OF land wher-
ever possible. This h secretary de-
cides can be done. providing. of course.
the land has not been patented. encum-
bered. sold. disposed Of or contracted to
be encountered. sold or disposed OF.
This ruling will materially enhance the
NJ 1roftan NJ manX NJ the state lands
allotted to the different funds. as the
board will now endeavor to exchange
those valued at less than 81 per acre
for others more valuable. The board
has 80 days in which TO file it's applica-
ton for REIMBURSEMENT.
In announcing the decision OF Secre-
tary Bliss. Commissioner Hermann OF
the general land ONCE addressed the
state board in part:
1T n directed by the department that
the state be permitted 10 relinquish.
within a reasonable time. to be fixed
by this Office. any OF the lands en-
braced In pending una%pproved lists
upon Ming evidence that none OF the
land relinuuished has been encountered,
sold OF disposed OF. or contracted or
agreed by the state TO be encountered.
sold or disposed In accordance with
said direction. the state Will be allowed
50 days from receipt thereof to file a
REIMBURSEMENT. executed by the state
board OF land commissioners, on any
lands heretofore selected and remaining
unapproved. all relinquishments to be
accompanied with the certificate OF said
board that no part OF the lands de-
scribed have been sold or disposed OF.
Pending the states action In the prem
ises. no action will be taken on any
approved list. until the expiration Of
the time allowed for filing relinquish-
ments."
The ruling Of Secretary Bliss is d.
rected 10 his subordinate In office. Com
missioner Hermann. After reciting the
correspondence between the state land
department and the federal department
In regard to ACCOMPLISHMENTS from its
inception TO the time Of rendering the
opinion. the secretary says:
1T will be necessary 20 give further
consideration TO the question of the
authority OF the representatives OF the
state. either inherent or statutory. to
to the United States those
lands. the title 20 which Is now in the
state. This class embraces all of the
lands. selection OF which by the
state on account Of it's several grants
has been approved by the secretary Of
the interior. and the lands duly certi-
fed to the state. This c~ertifcation is
the equivalent Of a patent and. as the
n act Of the land department in adj
ministering the grant. terminates the
jurisdiction OF the department therein.
I'm the absence Of express statutory
provision. or OF powers necessarily In
cident to the general supervision Of the
secretary of the interior over the pub
lie domain. no authority exists in the
Ian department TO accept n
ance OF these lands. No statute is cited
and lone has been found. giving such
authority. and II Is not believed that
II has ever been exercised in a case III