Elk City mining news. (Elk City, Idaho) 1903-1913, 1906-05-05

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sections than it can over the title to
other private property. Neither the
legislature, the governor of the state;
the land board, or the courts of the
state of Idaho can divest the state of
its title to these sections by any act or
! by acquiescence in the act of another.
The sections 16 and SO in the SPLEEN
/ did timber lands of northern Idaho to
which the state has an absolute title,
notwithstanding anything that may
have been done, or that might be done,
by either congress, or the president, or
the state officials, are the property of
state of Idaho, to be disposed of only
in the manner prescribed by the con-
stitutien- that is, by public sale after
advertisement in the manner prescribed.
The title cannot and will not pass by
any other method. 1t is not question
of policy but of power. If the state
government of Idaho through any of it's
departments charged with the duty of
protecting the states rights in preserv-
ing its property have either by over
sight, neglect, or a misconception of
their legal duty, or of the rights of the
state, allowed others to take
possession of these sections; or
exercise control or dominion over them
or to obtain what might be OF might
seem to be a paper title to them, then
such action on the part of such officials
has been absolutely void, and has tend
ed in no manner to destroy the title of
the state in these sections They were
donated for asacred purpose and under
conditions that admit of no change.
The legislature has no power to dis
pose of these lands in any other way
than that prescribed by the constitu-
ton of Idaho. The general govern
ment in none Of its branches possesses
the slightest power to control or dis
pose of them. By attempting to create
sentiment in favor of any policy" of
the government, whether it be the
president or his subordinate depart
ments, or of the state, you are but
laying the grounds for future embar-
rassment, difficulty, and trouble fol
those who, relying npon this mistaken
action, may at sich cost and trouble tt
| themselves undertake to act upon your
| suggestion in dealing with these lands.
The question is not one of sentiment
but one of law. And the wisdom Of
congress and of the trainers of the
constitution Of Idaho in laying down ar
! arbitrary line of action in regard tc
1 these lands cannot be better established
than by the present attempts to dea
with them upon the lines of sentiment
in disregard of the plain provisions Of
the law.
Now, desire to be distinctly under.
stood that SO long as l am citizen Of
Idaho, whether in public OF. private life
that shall exert to the limit of my
ability an effort to preserve these lands
to the state and to the sacred uses fol
which they were originally granted
and | shall labor INCREASINGLY in con
gress, and if necessary in the courts, tx
| maintain the states title to these lands
4 And in the end l can assure you, with
1 perfect confidence, that the rights o.
| the state in the lands herein suggested
/ will be preserved, and l do not believe
| that the people of Idaho will elect tx
4 office or maintain in Office, in any
branch of the state government, officer.
that would dare to stand supinely by
while those Splendid timber lands upor
/ sections 16 and SO, amounting to million.
of dollars In value, are surrendered by
/ the state in exchange for lands of al
indefinite character and value, to b.
selected in an indefinite field of posi-
bilities. These timber lands, whether
/ Gold in this generation or in another
represent an enormous fund for tn.
perpetual maintenance of the common
/ school system of the state of Idaho
! and when the people of the states un
derstand the present policy of allowing
i these lands to drift into the hands O.
] private spectators or under the contro
/ of non-productive forest reserves, il
Disregard of the rights of the state
they will express themselves in no I'm
certain terms in favor of maintaining
the title and the rights of the state t.
| these lands, and they will demand
strict accounting at the hands of an,
officers of the state, executive, legisla
tive, or judicial, who are responsible,
for the loss or diversion of a singh