The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-21
ARE NOT PAYING RENT
Cattlenen Said to Be Trespassipe
on State Lands.
SELECTION is REFUSED
Application Made by the State for Ger
tain Lands Denied by the Com
missioner - Taken by the
Northern Pacific.
Special Dispatch to the Standard.

Special Dispatch to the Standard
y Helena, Nov. 20.--The state hoard Of
2 land commissioners to-day disposed of
routine business that was presented. 1t
was decided to send Deputy State Land
y Agent Martin into Custer county to find
out who has been trespassing upon
state lands, word having been received
by the state board that certain cattle
men were using school lands without
: paying the state any rent. A number
! of offers were received for timber lands,
which were taken under consideration,
as well as an offer for some coal land.
The board has received official notice
from Washington that it's request for
the survey of certain lands IN MIS-
Soula county with a view to their being
selected by the state has been refused.
because of prior application for .he
land by the Northern Pacific Railroad
company. The state desired to secure
II townships located northwest of Mis-
soula for the school endowment and
public building funds. The governor
made application to the general land
Office July s of this year for a survey
of the land in question, looking to it's
selection. To-day word was received
from Commissioner Hermann that Il
prior application had been made by the
railroad company which desired to Sc
lect the lands in lieu of lands lost to
its grant, because of their mineral clas-
sification. The last congress passed an
act that permitted the railroad com
pany to select what are known as lieu
lands from even as well as odd Sec
tions within the grant. Acting under
this act, the company made prior Sc
lection of the land in question. In ie-
Gliding that the state will have to yield
tn the company, Commissioner Her
mann quotes from the decision of the
secretary of the interior in the state Of
Washington appeal, which says
AN application of a state for the
survey and reservation of a township
under the act of Aug. Is, 1894, must be
denied where prior to such application
a survey OF the township has been or
dered for the benefit of settlers and
then says: AS the Northern Pacific
company has made application for the
survey under the act of Feb. 81, 1899,
OF certain lands in townships situate
within The limits of its land grant; had
made the necessary deposits in COM
pliance with the law to cover the costs
of the said survey, and the necessary
action had been taken by the office to
carry into effect the award of contracts
for executing said surveys, this Office
is of the opinion the quoted ruling of
the department in the case IL the state
of Washington is clearly applicable
thereto. and that so much Of the with
drawal and reservation of lands en-
braeed in your application for survey
of the Northern Pacific Railway com
pany should be revoked. ! have there
fore this day notified the district land
Office at Missoula, Mont, that the with
draWal and reservation of the follow
ing full and fractional townships as
ordered per Office letter e. of July IS,
1899, has been revoked and that due no.
tice be given to that effect
The matter has been referred to the
attorney general Tor consideration.