Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1906-03-24

duty resting upon the executive ofh-
GERS OF the state, and that IL to insti- |
tute proceedings to recover any loss
which the state may have suffered BY
reason of the cutting Of timber upon
these sections. and to dispossess any
persons, whether 1t be those claiming
under the railroad land grants, stone
and timber selections. homestead selec-
lions. or any other class Of claim. II
the state officers do less than this they
fail in their duty. ! am Justified in
believing from the information which
I have received that the state has al
ready been damaged to very large exc
tent by the cutting Of timber upon
school sections. which have been at
tempted to be taken up since the adj
mission Of the state. under various
claims OF title, and the matter II %
serious that the legislature should In
vestigate this question 1t the earliest
possible date. Every school section,
the title to which passed under the adj
mission act, should be taken mp. iden-
tined, ana an abstract OF title made Of
It, ana the facts a. to its possession
or any adverse claim made to It ascer-
| tanned and the states rights fully pro-
tected In the matter.
Millions o. Dollars involved.
The rights Of the state involved IN
the foregoing consideration amount to
many millions Of dollars, and the soon
er the questions Of sentiment In regard
thereto are laid aside ana the questions
Of the states legal rights taken UP. the
better win the people be served and
their rights protected.
have not undertaken to discuss the
states rights to free and untram-
meled field for selecting such lands
| q It u entitled to select in lieu Of other
lands, or under III general right to -
lect lands for the several purposea
enumerated In the admission act. -
do not desire to confuse the two ciassea
Of lands. will only say IN leaving
this question for the present that the
state was granted large areas Of land
subject to selection, the title to which
rests upon an entirely different basii
/ from that OF sections 16 and IS, and
| which do not pass until such selection
d made and approved. These selec'
lions only being available upon sur
4 veyed lands. I propose to attempt +
obtain q very much larger appropria'
ton for the survey Of Idaho lands. Il
order that the field OF selection ma.
J. be available within which the stat
, may exercise the right to this second
class OF lands.
Bear il mind that the state canno
rive title BY consent. nor can It waiv
its rights to these lands It canno
trade them away or dispose Of then
other than 40 provided by the consti
tuition Of the state.
1 u 70 Question Of Law.
y Government u not . question Q
) policy, but y question Of law. Til
laws are made pursuant to the polio
4 OF the people; but until the policy
J Ienacted into law It II not controllin
! | In determining the rights OF either II
rtgovernment or the people.
al You speak of the proposed amend
! ments to the land laws AZ promisin
i new conditions. The proposed amend
i ments are not to be considered in In
. terpreting the existing laws and coul
, Ia no way affect existing titles to land
81 l have written you this letter 4
4 the purpose Of presenting the leg
4 phase OF this question, robbed Of ar
3 sentiment or theory. irrespective
= whether 1t Is in accord with the "po
= icys OF the administration or not. ar
= / shall from time to time present son
< further consideration Of this questio
= and other phases of the forest reser'
q question as 1t affects the interests
the state OF Idaho to you. for such y
as you may see At to make Of It, a
II shall at the same time present su'
u views to the people OF the state throul
n the most available medium.
q Very respectfully fsurs,
n w. B. HEPBURN.
d Take your prescriptions to the o