The Richfield recorder. (Richfield, Idaho) 1909-1931, 1909-10-14


made mention of the fact that AT
torney General MacDougall was pre-
pairing to go after the general gov
ernment for a settlement of its CLAIM
TO the state lands lying within th'
borders OF the forest reserves oil
idaho There is nearly half mil
lion acres Of school land, pledged tC
The state under the enabling act thai
made Idaho state; these lands be-
ing Sections 16 and SO OF all the
townships Of the then unclaimed pub.
lie domain. The state cannot sue the
nation directly, but it was though,
that the forestry bureau was going
to sue certain purchasers of state
lands within the reserve borders as
they now stand; the forestry bureau
claiming that the state never had a
claim to the lands, and that since
the sale was illegal, the bureau was
the proper plaintiff in siiit d against
the individuals for trespass.
The viligant attorney general ap-
pears to have found way to get
action directly against the forestry
bureau, as indicated by the following
item from the Daily Statesman:
THE state of Idaho contemplates
bringing suit against federal officials
for timber trespass, alleging dam
ages in the sum OF S20,000, as a re-
Suit of the sale of large quantity
of timber from lands now situated
with the Boise national forest. Be
fore the creation of this reserve the
state made an application for the
survey of certain townships, and re-
ceived notice of withdrawal from the
commissioner Of the general land Of
flee. The land was later embraced
within the reserve and after the sur
vey had been made state land agents
who cruised the land to decide upon
selections discovered that from
100000 to 100000 feet Of tim
ber had been sold by the forest ser
vice and cut by lumbermen.
The states selection has been fill
ed but the selection has never been
1lear-listed to the state. The ques-
ion involved, therefore, viii be the
states right to the land by reason
IF its application TOR survey.
George A. Day, state land COM
missioner, who has, it is understood.
presented the facts to the attorney
general for his opinion, stated yes
erday; Il am looking after the leak
lge of this department, but whether
such action would be justified or
it will be taken cannot
ay at this time. -"
The great fight between Chief
Forester Pinchot and Secretary Of
he Interior Ballinger seems to have
'een fought out and won-for the
eople over in Montana. in almost
imilar cases. Tive interesting cases
re reported from Montana, as fol-
ows. by the Associated Press:
THE state of Montana has won
irst blood in its controversy with
he federal forestry department.
here are two issues in contention,
nd in the first the commonwealth
as scored a complete victory, The
elief is prevalent in state house cir
es that 1t viii also be equally sue
sssful in the second. The issues
e the right of Montana to make lieu
elections in forest reserves. and this
has been upheld by Secre-
ry of the Interior Ballinger in a
tier just received by the state land
,ard. t
The second issue is primarily |
lown as the Belton case, or the
Iestion of ownership of sections IS {
ID 36 in each township where they t
Q embraced within forest reserves.
he state land agent is now under O
ders to proceed to Flathead county i
til whatever force may be neces- t
ry to eject all trespassers and re-
ove any obstacle. ,hat he might s
I'd, but in view of the action of the 81
terror department in the instance o
oted and its probable early and n
vorable steps in the second, he will 81
'ait further developments before el