The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1905-03-17
NO MORE SELECTIONS TO BE
MADE IN WASHINGTON OR
OTHER STATES.
Secretary of the interior Is Clothed
With Full Authority to interpret
The Law.

News from Washington that lieu
land selections are no longer possible,
under a recent act Of Congress, indf-
Gates the effect will be serious upon
Washington and Oregon interests, to a
certain extent, as there is established
and proposed forest reserves of the
two states still held in private owner
ship, and the same conditions affect
other Western states.
1t would seem, under the circum-
stances, that the only logical way Of
overcoming these influences would be
the destruction of the law itself upon
the ground of it's unconstitutionality
and this will no doubt be undertaken;
but, pending such action, by the Su-
preme court of the United States, it is
not at all likely that any more selec-
lions of the character indicated will be
permitted under its provisions says
the Portland Telegram.
1t is telegraphed from Washington,
D. c., that the identity of the bill in
PRODUCED into Congress relating to Sc
lections of land in lieu of tracts en-
braced in the forest reserves became
entangled in the maze of amendments
to which it was subjected from all
sides, and as finally passed and sign
ed by the president, it virtually puts
an end to all further selections of this
kind.
The law as it now reads is reported
to provide as follows:
That the acts of June 4, 1897, June 6,
1900, and March 3, 1901, are hereby re-
pealed so far as they provide for the
REIMBURSEMENT, selection and patent
ing of lands in lieu Of tracts covered
by an unprotected bona fide claim or
patent within a forest reserve, but the
validy of contracts entered into by the
Secretary of the Interior prior to the
passage of this act shall not be i'm
paired; provided, that the selections
heretofore made in lieu of lands re-
linquished to the United States may be
perfected and patents issuel therefor
the same as though this act had not
been passed, and if for any reason not
the fault of the party making the same
any pending selection is held invalid,
another selection for like quantity
of land may be made in lieu thereof.
There seems to be hardly any doubt
in the opinion of those best qualified
to judge, that Congress has absolutely
destroyed the right to make any fur
tner forest reserve selections. 1t looks
as though the idea was to simply make
the act non retroactive concerning
certain features, and in doing so
whether intentional or not is a mooted
questionable whole measure was
rendered worthless, so far as any
benefits to be derived from future lieu
selections is concerned.
The Secretary of the Interior is now
clothed with full authority to inter-
pref the law as he may deem fit, pro-
viding he does not infringe any con-
stitutional rights. There is no appeal
from the ruling of the Secretary, ex-
cept upon constitutional grounds, and
this question has been threshel over
and over again in the effort to change
his decisions upon vital issues affect
ing California petroleum oil land liti-
CATION, wherein the rights of solicitors
under the act of June 4, 1897, and min
eral locators were involved.
1t is well known that Secretary
Hitchcock is unalterably opposed to
the doctrine of the forest reserve lieu
selection, and so long as he is in office
there is not much chance for any more
to be made under the provisions of the
measude that has just become law.