The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1906-09-28
N. P. MAY LOSE
IDAHO LAND
Claimed Company Is Not Entitled
to Lieu Lands

Lewiston, Idaho, Sept. 26.-Title
70 millions Of dollars worth OF valu-
able timber land In Idaho is directly
tnvolVed In the outcome Of suit
fled In the district court here by
Richard D. Miller versus the North
arm Pacific Railway company and the
Clearwater Timber company. The
suit attacks the validity of the reor-
@aniaation o. the road, and affects its
entire holdings In this state. Miller
seeks primarily to establish his claim
10 certain land within the bounds Of
timber already patented by the
Northern Pacific Railroad company.
In hts argument he attacks the organ
1zation Of the Northern Pacific rail-
way company, contsndIng that II IL
mot the legal successor Of the North
eFn PacifiO Railruad company. which
Yves tho original organization.
The Northern Pacific held original
" a. fllings every odd section In GER
tain areas around Mount Rainier,
Wash. A large part Of It was barren,
other portions we're only partially
timbered, and the entire selection
was regarded a. worthless asset.
This land was declared by the govern.
mont 70 be timber reserve, and to
recompe lso the Northern Pacific for
IT. loss In this section the company
was allowed to come Into the state Of
Idaho aud select lands In lieu Of
those rOlinqnished for forest reserve
purposes.
In making In selections in Idaho
the Northern PacIBc secured title TO
Q tract % the iineat timber In the
Unlted States. The company was not
only allowed TO select these valuable
timber areas In lieu OF worthless
lands 1t had given up, but 1t was
granted the privilege no other
company or private individual had
ever besn allowed--that Of making
Aiing on unsurveyed lands. The com.
pany WAS also allowed TO take the
timber In . body instead OF odd seq
lions. according 70 the original grant.
Richard d. Miller IL but one of a
large number Of settlers, who, after
these flings had been made. proceed.
Cd 70 Ale on the same lands under the
timber and stone act, or under the
homestead Law. Each settler contln
uod his residence and complied with
the requirements Of tho governme Mt,
and then applied at the local land
once for flnal proof. They were all
turned down and told that the lands
we're already patented.
More than $50 settlers will be fav.
orably affected II the decision OF tho
court Ii to the effect that tho filings
of the settlers were made prior TO
those Of the Northern Pacific, and
that the latter corporation has no leg
n Klaht 10 its present holdings. The
AtaaOk upon the reorganization Of the
read Ia, In substance that the North
eFn Pacific Railroad company, the
formar corporation, was not properly
reorganlEed a. the Northern Paciflc
Railway company, hence. tho latter
eoFporatlon has no right or title to
the landa which II claims to have In.
hsrlted from the original company.
FILE SUIT IN SEATTLE, TOO.
Seattle, wash, Sept. 26.-Suit
was was tlled In tho district court
hero today which may involve the
validity Of the Northern Pacific claim
70 thousands OF acres of valuable tim
Der land In the Clearwater valley. A
test CASE IL being made by Richard d.
Miller, who contends that he fled on
his timber before the illing Of the
Northern Pacific had been accepted
~ the interior department. The le
gallty Of the Rainier reserve lieu
land selections will also b. attacked.
TIE case IL similar 10 the one In Apo-
kane last week, and b based ON the
eame argument, that the Northern
HncltiO Railway company ls not the
legal successor 10 tho Northern Paci.
a Raiinnad eofnnanw