The Teton peak. [volume] (St. Anthony, Idaho) 1899-1904, 1904-06-30
Serious Question as to Timber Lands

JCl1UuS VutStlUN dS u lisliuSt LdIluS
Recently in an interview with
Governor Morrison the Tribune
brought out the fact that there was
a very serious question as to whether
the timber OH the state lands had
ever been lawfully sold, and there
fore whether it had ever been sold
at ell, the question arising over the
attitude of the purchasing syndi
Gates i'll defying the state revenue
laws and refusing to pay taxes on
their property. Their claim is that
the tree is part of the land and as
the title to the land rests iii the
state and is non taxable. the tree
must be similarly treated There
are court decisions both affirming
and denying this contention. While
the assessors have SO far not re-
, turned this class of property for
taxation, possibly being intimi
dated by the positive stand main
tained by the syndicates through
, their numerous agencies. Governor
| Morrison has instructed them to do
SO and this will probably hereafter
be done, leaving to the courts the
5 determination of any legal questions
l that may be involved. Meantime
the contention of the syndicates
: that the tree is part of the land, if
a correct, will have an important
/ bearing on the legality of the sales
E of the timber OH the land If the
| proposition is true that the tree
v is part of the land and there is no
r enforcement when the sale takes
: place, the converse must logically
a follow that the land is part OF the
d tree, or that they are both one, and
! if one is sold the other is also.
e This view is sustained in the case
Of a lien Oh building material that
goes to the Improvement of real
J. estate, in which the land itself, even
when owned by a third person and
: one innocent of the entire transac-
:. ton, becomes amenable to the in
!, cumbrance OH the movable property.
!. If the land and the tree are one, as
70 70 the syndicates maintain, both have
~ - been sold, provided any sale at all
has taken place But the constltu-
- ton, and the terms of the enabling
), law forbid the sale of any state land
=, for less than $40 per acre, yet much
:. of this timber has been sold for as
!. low as 25 cents per acre. 1t seems
- then that if the syndicates continue
= to resist the state laws under the
claim they set up their timber titles
o., will be seriously clouded if not for
= feited 1t may become the duty ol
=, the state authorities, under the law
~ .governing the trust funds, to require
-, the payment into the treasury o1
- the minimum amount at which these
- lands, or any part of them, can b'
= lawfully transferred, or i'll th'
-, - failure to make the required lega
i payment cause the restoration OF th
~ property back to the endowment
Iva to which they belorg. 1t will b
ar very unfortunate if controvers
-, 49, like this should arise, involvin!
- m the reputation by the state Of
~ contract of sale entered into delib
: erately and with good faith, but
res such breach is ever justifiable
ed may prove to be 50 in this case
~ The syndicates by first OF al
la1 repudiating the laws and the at
~, thority oi the State in refusing t
ON subject themseles to the plain an
Ine mandatory provision requiring a
,ae property to bear an equal and iu'
- proportion of the public taxation
~ not cnly deprive themselves of th
- rights granted only TO those Wh
/, come into court with clean hand
but on their own initiative set Il
,r,. a contention that The authoritit
80 may be forced 10 take eognizanC
,a Of III defense of thu trust func
- committed 70 their keeping. Til
..il issues thus raised ale pcrpleHins
4he morally aad legally and 1t woul
n. be better not tQ have Jhen rails
"a If they have 10 pe raised the I
h. sporsibiliiy will rest on those WI
defy the sovereignty OF the sta
80 and shrink their obligations to Il
.,3a government that has been surpas
~ ingly generous with them. II
~. subject is not small ono Or O.
that cas- be lightly deferred.
its Issue probably rests the detC
mination OF the country questl
for southern Shoshone, as with I'll
.ii~ r,.rq,a-t,, ott 4lia zSeeSeffle,,f rolls :