The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1908-01-30
RESERVE LIEU SCRIP

While The Miner is not opposed t,
the creation OF forest reserves, ant
while we generally believe in tn,
theory underlying the conservation
} of the timber lands of the United
States, nevertheless there has heer
some fairly shady practices call in.
to use in connection with the laws
dealing with this policy.
The reserve question is one In which
the people Of northern Idaho are
vitality interested, and in one respect
at least 1t would appear as II any
thing but fair deal had been given
to the settlers prior to the creation
of these reserves.
The matter Of forest reserve lieu
scrip demands the attention of our
legislators. and no step should be
overlooked in this connection.
The facts with regard to this SUBJ
| JSS@ "AO Oa1Ctty oS AOIlOW6.
The act Of June 4, 1897 $50 Stat.
S6) providing among other things
that owners of lands within forest re-
serves might convey such lands to
the United States and select In lieu
thereof an equal area OF other public
lands, the object Of this being to en-
able the government to secure title
to all Of the lands within the various
reserves and to subject the land in
question to the whole control and
care Of the government.
Under this law the owners referred
to conveyed their holdings to the gov
eminent and selected other lands in
lieu thereof, but in making such sell
Fection 1t was necessary under the
law for the selector to have, prior to
the time of his selection, executed
the deed of his lands in the forest
reserve, and to have that deed re-
corded In the county ard an abstract
OF title properly prepared, so that he
might submit the deed and abstract
OF title with his application to select
lieu lands.
This, of course, took considerable
time. and therefore it became. a prac-
tice to convey the forest reserve lands
to the United States at such
times as might be convenient, and SO |.
be ready with all the necessary
papers to make lieu selections at
later date.
The law prescribed no time limit
after the conveyance to the United
States within which a lieu selection
was required to be made, and the
practice referred to was fully recog-
nized and sanctioned by the depart
ment OF the interior.
This condition of the law and prac-
tice under iticontinued up to March 3,
1905. when, in the last few minutes
OF the congress then expiring, a bill
was rushed through repeating the ex-
change provisions of the law Of 1897,
without providing any means by
which those persons who had there
tofore conveyed their lands to the
United States under the law of 1897,
might select lieu lands therefor, or
any lands whereby such persons could
receive any consideration for such
lands as they had conveyed to the
United States and had not been able
to select lands in place thereof.
This was the general effect of the
repeal bill, but notable exception
from the effect of the repeal was
made in favor of the Santa Fe Pacific
Railway company-unquestionably a
marked discrimination in favor of
hts company and working to the SER
GUS disadvantage of other persons
1olding small bodies of land In forest .
'eseryes or having the right to make
leu selections for small bodies which .
hey had already conveyed to the
..s.n
Quite a few settlers in Shoshone ;
county and considerable number In ,
kootenai county have been caught by )
he repeal act of 1905 in the position !,
II having conveyed their lands to the :
United States without any legal au- !
hority to select the lieu lands there ),
These have already sought legis-
alive relief, and there Is a bill be-
ore the senate Is. F. 3645) intro
luced by Senator Carter Of Montana, :
that these persons, all Of )
whom have established their right .
o make lieu selections for lands con. !
'eyed by them to the United States, Y
,e permitted now to make these sell :
'ctions Of non-mineral and non-tim- :
'ered lands, notwithstanding the re- .
ZEAL act of 1905. y
There can be no doubt but that
his Is measure of the simplest kind