The daily sentinel., 1907-06-05

not confer upon the United States
any municipal sovereignty, power
possessed by the states the general
government could retain possession
of these lands perpetually only for
certain purposes necessary to govern
ment and by consent of the states.
s. The Supreme Court of the
United States in the case of Pollard
VS.. Hagan 6 Howard, $3.50, said.
1.-The United States never held any
municipal sovereignty, Jurisdiction or
right of soil in and to the territory
of which any of the new states were
formed except for temporary pur-
poses and If an expressed stip-
ula1ion had been inserted lin the
agreement admitting a new state)
granting the municipal right of SOW
erelgnty, jurisdiction and eminent do
main to the United States such stip-
ulation would have been void and
imperative. because the United Sta
tes have no constitutional capacity
| to exercise municipal jurisdiction,
sovereignty or eminent domain with
in the limits of a state or elsewhere,
except in the cases in which it Is eX-
pressly granted
.. State legislatures may grant
NiAt llbhA Vi lllullClDdl sovereignty
over limited areas for certain ex-
press purposes of government. as in
! the case of the District of Columbia.
, the seat of the government, forts and
military reservations, but even in
such cases it is granted by the state
and for necessary governmental uses.
10 Under this wise policy. the
public lands of the United States have
heretofore been administered. Long
ago the wisdom of securing popula-
| ton, rather than realizing revenue
from these lands was recognized by
| Congress, and the laws. while at
taching a.nominal monetary consider
alton to the transfer of title. appar.
emily more for the purpose of secur.
ing good faith than with the object
of obtaining revenue, made the de.
velopment of the resources of the
lands the principal requirement tC
secure title. Under this policy the
new states We're formed, and a mum
Der of them have already completed
their contract with the Government
and have acquired the entire contro
over the territory within their bord
ers by the settlement of the publ,
lands. In the vast territory west o
the Missouri river. however, there
! still remain large areas OF the public
4 lands, and ii is through the disposi
/ tion, development and settlement O
these lands that the new Western
/ states hope to secure population ant
7 prosperity.
e IL Recently there has apparent
+ ly been decided change in the mol
= icy of the government in regard I,
J these lands. The new policy seem
TO involve the perpetual ownershi
= and control of these lands by tn
T. United States under conditions tha
d approach dangerously near the as
$ sumption of municipal sovereignt,
i Areas of the public lands. in som
e states approximately n quarter an
It more OF the total land area of tn
II state have been taken active posses
J. sion of by the government and with
Is drawn from settlement under tn
e laws. Congress has had but little I
n do with this change in policy. and
h seems to have resulted largel
through delegation of authority I
d the executive branch of the goverr
e ment to make rules and regulations
IS in regard to the areas withdrawn.
IS IL. This change in policy starte
l. with a little eight-line amendment
Is an appropriation bill made near tn
d close of the session. March 2 $50
0nu01
IS stood and inserted without debat
ID authorized the president to set asid
e. timber lands as forest reserves.
W any one thought of the matter at a
lie at that time, it was that a few se
tions of valuless lands near the hea,
lie waters of streams in the mountai
$ sections would be put into reserve
te AT first but few small tracts we,
he set aside under this act, but Pres
Is dent Cleveland finally made SON
to wholesale Withdrawals, and the SUI
ry sequent Presidents followed out h
I'd example and now the forest reserv
st. total approximately 14O,OOO.0OO acr
er in area greater than is contained
all the New England states, with Ne
as York, PENNSYLVANIA. New Jerse
ne MARYLAND and Virginia added.
he 13. In June 1897. the forest r
lie serves having already reached lar,
of proportions, congress passed an a
he authorizing the secretary of the /
lis terror to make rules and regulatio
lily to protect them and to regulate the
'e- occupancy and use. In 1906 the 90
he ernment of the reserves was trar