The Ravalli Republican., 1898-03-16
CANNOT GIVE THEM BACK.
Secretary Bliss Decides Against the
Commissions Plan.

the state board of land commission
ers addressed the interior department. |
to ascertain il the state might re-
linquish 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 provisions Of the Carey
act, certain lands which the state
had derived from the general govern
ment. So long as the lands belonged
to the state it was patent they could
never be reclaimed. Once decided
back to the government it was Of
course equally plain that the arid
land commission could step in and
acquire the lands under the Carey
act. The question was whether the
government would take the lands
back and permit a selection OF an
equal amount elsewhere. In order
to ascertain what could be done in
that respect the inquiry mentioned
was sent to the Interior department..
Today a reply was received from
Secretary of the Interior Bliss, under
date Of March 4. He writes that he
referred the matter to Commissioner
Hermann. who decides against the
proposition. The secretary concurs
in the commissioners views, which
he forwards. Owing to the general
interest, the opinion Of the commits
sioner is given in full He says:
tThe right Of a state to relinguish
lands duly selected, prior to approval
and take other land in lieu thereof
was considered by this office on the
application Of the state Of Nevada
to reIinguish 2,S46.67 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 misrepre-
sented, by an irresponsible person,
for the sole object Of obtaining a fee;
that the yendees would forfeit the
earnest money on the purchase and
that the state would be unable there
after to dispose Of the land.
s'In passing upon the question
this office held that lands duly select
ed are thereby segregated from the
public domain and are not, thereafter
subject To settlement, entry or loca
tiun: aud unless sufficient cause bt
shown, the state should be held to it!
: selection, otherwise there would bt
no means of preventing the with
drawal from entry Of large tracts 0
the public demain to the injury .
} bona tidc settlers and the rule ap
plcablc to such cases should not var,
from the rule prescribed under tin
laws permitting an entryman tt
change his entry. ...m
5 GAS to the lands to which TIL
5 state Of Montana has acquired It'll
r under the grants, article II Of th
! state constitution requires that sucl
G lands shall be held in trust for til
: people and none Of such land nor an
+, estate or interest therein, shall eve
G be disposed Of except in persuance o
G general laws providing for such dis
: position, nor unless the full marke
! value Of the estate or interest dis
: posed OF to be ascertained as may
e provided by law be paid or safel
G secured to the state, nor shall an
lands which the state holds by grant
from the United States Gn any cas-
in which the manner Of disposal an
$ minimum price are so prcscribc(D b
n disposed Of except in the manner an
G for at least the price prescribed
/, the grant thereof without the cor
l. sent Of the United States.
G II do not find that the state ha
T. provided any general law undt
= which a conveyance Of said lands Ca
y be made to the United States in lie
t. of other lands to be selected, and
:, is questionable If under said artic
1t Of the constitution there is al
IT authority in the legislature to cna'
1t such a law"
ID Today Attorney General Nolan 7
" ceiyed letter from Donald Bra
ly ford of the arid land commission Fl
I'd an opinion on practically the san
le subject: whether the board Of lar
v commissioners can quit claim title
is the government to lands selected ar
III receive Othere in lieu. The attOrn
tx general now has the matter und
lc consid Grafton. In his letter NJ
st Bradford points out the great ben
r. fit that would result to the sta
ty from such an exchange by the ar
he land commission stepping in and /
claiming the lands. He says in pal
IA case in point is the land scle(
ed some time ago on the bench a
ho iacent to Corvallis and Stevcnsy
m in the Bitter Root valley, amounti
IS to about II 900 acres, and thereto
,s. is Of no value for range purpos
II AS the state board cannot sell the
~ lands for less than $40 an acre, a
is has not the power to put water up
IN them, it is very patent they will
,nr maiu barren aud the wealth possiI
y to be produced, if reclaimed, lost
his the state Thus the state insti
on tions are charged with worthl
ts acres, whereas they could be sold
rc- issued for good sums.
~. "The Bitter Root valley is qu
,ol different from the most high mo-
ol' tain valleys in that the climate
nv soil combine to make one Of the m
;ct productive sections anywhere to
an found, and susceptible of support
The large population upon large far
noe It's fruit is of the finest quality
ro- the market for it practically
on. limited. #.
INV "rhe Bitter Root river is an