The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1903-07-28

trninent will be required IN protecting
the timber md mineral resources and
in Furnishing persons who have united
20 disregard the rules and regulations
Of the board.
on many sections OF school land h
the new counties are groves Of timber,
notably walnut. which has high mar
ket value IN other sections are rich
deposits OF gypsum and building stone.
legally classed as minerals. Ever since
the new counties were opened to set
Element syndicates have been cutting
the walnut timber and exporting IL to
Europe. Insectors OF the school land
board have confscated shipments Of
walnut logs but without great incon-
venience 20 the timber syndicates, as
the logs. when sold. were sold at pub
lie auction and bid In by agents Of
the syrdicates at ridiculetaoinnntaoin
the syndicates at ridiculously low pric-
es. A case near the townsite Of Hin
ton will serve as an example of syndi-
cate methods. A walnut tree was cut
as5 the log seized by an inspector who
sold Il ut public auction for $14s. The
man who cut the tree bought the log
a curly walnut for which he received
81 coo.
One case on Appeal.
A shipment of walnut timber seized
ut El Reno, was replevined In court
by the defendant. The case is now In
the Oklahoma supreme court on appeal.
Judge c. +. Irwin who presided in the
district court at Ei Reno, did not hold
that the defendant was not entitled to
the timber, but did hold that nither
the school land board nor the territory
Of Oklahoma had any authority TO seize
the timber and institute prosecution.
This startled the members of the board
who had been accustomed to proceed
summarily in protecting the school
land timber and mineral resources.
Judge Irwin's ruling was upheld in
directly by the Secretary of the In
terror in case at Cement. Ok, where
a lessee began mining deposit OF gyp-
sum and manufacturing IL into cement.
The school land board rejected the less
ees application for permission to mine
gypsum. and the case was laid before
Secretary Hitchcock. who held that not
only was the Lessee prohibited from
mining mineral. but that the territory
itself could not dispose OF sI5h resour-
ces. The lessee has employed attor-
neys I'm Washington to overturn the
ruling.
a Test Of Authority.
These suits have brought the school
land board face 10 face with the ques-
tion whether il has any authority at all
to prevent the removal of timber and
mineral from school lands. Lawyers OF
ability believe that by act OF Congress
the boards duties are restricted solely
to the leasing of these lands for graz
ing and agricultural puroses, and that
1t is the duty of the federal government
to protect the timber and mineral re-
sources in the same manner as on other
public lands. The school lands OF Ok
lahoma do not belong to the territory
They are held in trust b ythe federal
for the benefit Of certain
public institutions OF the future state
or states to be erected from the terri
tory Of Oklahoma. The school land
board, In fact, is an agent OF the feder-
government, with authority 70 adopt
such rules for the leasing OF the land as
may be deemed expedient by the Secre-
tary of the Interior BY act of Con-
gress the oklahoma legislature may
enact laws for the management of the
school lands but this has never been
done. an bills introduced having been
defeated IN the legislature or vetoed by
the goevrnor. Even the territory's
claim to participate in the earnings Of
The school lands Is questioned by many
persons, who believe that strict COM
pliance with law would require all re-
venue TO be set aside and left untouch-
I'd until division should be made by the
state government. This plan has been
followed in the leasing of section 8s,
for public buildings of the
'nture state. As the lease moneys for
he support of public schools and terri
.orial educational institutions have
been apportioped per capita and taxa
ion lessened thereby no person has
attempted to carry the question into
curt