Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1906-02-10
Boomers Ferry beraId
HEYbURN'S GREAT fight
Maintains His Position on the Floor Of
the Senate Against All
Corners.


Last week, Senator Hepburn,
pursuant to notice that he would
call up from the table Senate bill
No. 1861, providing for the reim-
burssment by the government to
the state for school lands included
within forest reserves, called up
the bill and proceeded to show that
under the terms of the act of con-
congress admitting Idaho as a
state all sections Is and sc, the
title to which was in the United
States at that time, passed abso-
lutely to the state of Idaho, subject
to disposal only as provided in the
constitution of the state of Idaho,
to-wIt, at public sale for a price
not less than $40 per acre. Sen
ator Heyburn's argument was con-
elusive. He based it upon the de-
cisions of the supreme court of the
United States and clearly dem
onstrated that neither congress, the
president, the governor of the state
nor the state legislature had any
power whatever to either exchange
transfer or dispose of these lands
except in the manner provided by
the constitution of Idaho, and that
all of the acts have been and are
being committed in connection
with these lands are void.
1t was made clear that it was not
within the power of Congress, or
the executive department of the
government to include 49, or 36's
which passed to the state under
the admission act in any forest or
other reserve. That it was not
within the power of the govern
ment or the legislature OF the state
to trade or dispose of such lands
for lieu lands. He demonstrated
that whatever the department or
the president or the government or
congress may have thought to have
accomplished by the attempted re-
linquishment of the states rights,
or the attempted REIMBURSEMENT
of the governments rights, to land
in lieu of the states rights, had
been absolutely void and that the
titles stand just where they stood
J under the admission act.
Mr.. heyburn has presented these
views to the president on umer-
Gus occasions, in connection with
the protests against taking of the
states school lands for forest re-
serves, but this was the first occa-
sion upon which he has had an
opportunity of making the protest
in responsible manner in a re-
sponsible forum and the impress
sion made by his presentation of
the question was such that would
seem to leave but little doubt but
that in due time he will be able to
undo the wrong that has been done
the state by tying up its lands
under misapprehension OF the
law and thus delaying and pre-
venting settlement of business en-
terprises within the law upon such
lands. Mr.. Hepburn stated that
the state was in a position at any
( time to commence a suit in the
United States court against any
person claiming lands or assuming
control over them as forest reserves
and that it is the duty of the state
to protect its rights in this regard
He also stated that he hardly ex
pected the government to buy tn,
school lands as suggested by hi
bill, which was introduced NOR,
for the purpose OF calling attention
to the true situation than with tn,
hope that the government for tn
mere purpose of forest reserve
= would purchase seven million dol
lars worth of land from the stat
of Idaho.
) Senator Hepburn was aske,
whether or not all of the 16's an
36's were worth S10 per acre, tn
minimum price at which the land
,e may be sold under the constitutio
of Idaho and to this he reptile
that while all of the sections
and 36 were not worth $40 pc
e acre that a large proportion {
said sections were worth man
IN times $40 per acre on account ,
N the valuable timber growing upo
he them, and that in his judgment ii
IN average would be much above 81