Lewiston inter-state news. [volume] (Lewiston, Idaho) 1905-1906, 1905-11-14
TEST CASE
LAND CRAFT
State of Idaho Will Fight for Vast
Tracts Held by Northern Pacific.

1t is not probable that hearing OF
the land contest cases Of the state
against the Northern Pacific railway
company, involving immense tracts OF
timber lands in the northern part OF
the state will be held until after the
holidays.
Attorney General Guheen and Assist
ant Attorney General Snow do not be-
lieve that the commissioner of the gen.
eral land office will be in shape to an
nounce a date for the hearing before
that time, says the Boise Statesman.
Time must necessarily be granted to
counsel to prepare for an appearance
before the commissioner, and 1t Is not
at all probable that the hearings will
happen until late in January, and may
not be until during the middle Of Feb
ruary.
This contest Is one Of the most i'm
portant land matters that ever came
before the Washington authorities. 1t
involves between $10,000,000 and $15.-
100000 worth Of property. to which the
state lays claim, and upon which the
Northern Pacific has made filings with
scrip. The contest now before the land
office involves only between 100000
and 100000 worth Of property, but this
! Is merely a test case. and should the
decision of the department be favorable
| to the state other contests. involving
millions of dollars worth of land SINH
larly filed on by the Northern Pacific,
will be instituted and fought to a
finish.
| 1t will be remembered that during
the administration Of Governor Frank
Steunenberg the state land department
made application to the land office for
temporary withdrawal Of large tracts
of timber lands up north until survey
had been made. the state to have pre-
ferential right to select these lands
under the provisions Of its federal
grant. The interior department made
/ the withdrawal and the state thereupon
advertised Its intention to make the
selections according to law.
Two years later. in 1901, during the
administration Of Governor Hunt, an
other application for the withdrawal of
these lands was made to the depart
ment. The general land office. to which
the matter was referred, responded by
citing the state to the fact that the
withdrawal Of 1899 was still in effect
1t developed. however that during the
interval of time between the original
application and the application Of 1901
the Northern Pacific had entered upon
all the lands affected, filing thereon
with scrip. A government surve ywas
made and the land would have gained
patent had not the state rendered its
filings in the local land office. where
a decision was rendered In favor Of the
, Northern. Pacific. as against the claims
Of the state to prior right. From this
ruling the state appealed. and the mat.
: ter is now before the commissioner o.
: the general land ,ffice at Washington
Many and varied are the points o.
law involved in the case. The attorne,
: generals cnice relies upon law proposi
tons entirely end from a high author
ity 1t Is learned by the Statesman tina
4
sioner Of the general land office. and
whatever may be the ruling Of the sec
, rotary of the interior. before whom
. the case will undoubtedly be taken. tn
/ matter will finally be taken to the su
: preme court Of the United States 70
a definite and hnal determination b!
the court Of last resort.
The fact that these contests agains
the Northern Pacific involve such I
tremendous sum Of money In the az
gregate. gives them interest to tn,
! people of this state. 1t IL not improb
able that In the event Of favorabl,
decision to the states side Of the case
/ other similar contests relating to tn,
laying Of certain scrip on such land
win be Instituted
Elect Balance Of Stata Ticket