The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-10-06
FORESTER FRIENDLY
TO THE STATE
MR.. GREELEY EXPLAINS THE AT
TiTUDE oFTHE SERVICE TO-
WARD SELECTIONS.

TO The Editor of The Missoulian:
note on page four of this morn
ing.s MissonlEan dispatch from Hell
ena, headed Wins First Blood in
Fight" which 50 seriously misrepre-
SCENTS the position of the forest service ,
on the question of state lands in
cluded within the national forests
that | feel ii necessary, to avoid gen
eral MISUNDERSTANDING, to state that
position definitely.
The enabling act under which many
of the western states were admitted
To- the Union. provides that sections
1G and 80 in each township shall pass
to the state for the support of pub
lie schools. The acquisition of these
sections by the state. however, is
made subject To Indian, military and
other reservations which may be set
aside by the national government. The
secretary of the interior has ruled in
repeated decisions that the title to
I these sections does not pass to the
state until they are identified by an
official public land survey: and that,
II the lands are included within a
veycd. they are lost to the state. The
state retains. however. the right of
making lieu selections for all school
sections within national forests. both
surveyed and unsurveycd, selecting for
this purpose any lands which it may
! choose of equal acreage from the
public domain outside of the national
forests.
In the case of the Bolton tract in
the Flathead national forest Montana.
the state authorities claimed title To
IA school section which was surveyed
. I'm the field before the creation of the
national forest. but the survey of
which was not approved by the com
missioner of the general land office.
and thereby completed until some
time after the national forest was
! established. The specific points in
VOWED In this case We're presented In
full to the secretary Of the interior by
the state land board and his decision,
which was received yesterday, holds
explicitly that, since the approval of a
public land survey is necessary to
complete II. this section was not sur
vcyed at the time of its inclusion
within a national forest. and the state
therefore has no title to the land.
second decision of the secretary of the
interior. also received yesterday, re-
affirms the right of the state to make
lieu selections of lands outside of ma
tional forests for such areas as that
involved in the Bolton controversy.
the right of lieu selections applying
To both surveyed and unsurveyed
tracts.
The forest service has no jurisdic-
tion whatever over the determination
or settlement of titles to lands within
the national forests. In these mat
tiers il is required by law tn accept
and enforce the decisions of tn" de-
partment Of the interior. The forest
service is charged by act Of congress
with the administration and protection
of all public lands included within the
/ forest boundaries, and the maintc-
nancc Of the title or interest of the
+ United states In such lands as against
all other parties making adverse
claims. In this instance, it. was the
duty OF the forest service. under the
decisions handed down by the secre-
tary of the interior. To defend the title
NJ the United States to the tract in
question. The service had absolutely
no option in the matter. 1t was Meth
or judge nor jury in this case, but the
sheriff under bond To carry out the
orders of the court
Furthermore. the forest service has
never questioned or protested the
right Of the state Ia make lieu Sc
iections for lands included within the
national forests, rs the article pub
tished in your paper directly implies.
The forest service has no jurisdiction
whatever in this matter and il would
be- wholly beyond its province to aues-
ton or ohstruct the exercises of the
states right To make lieu selections
As far as IL has any Influence or has
outlined any policy on this subject
however. the position of the forest
service is directly contrary tn the I'M
precision conveyed in this article. The
forester has always contcndcd thai
the western states should be REIN
bursed in full, value for value. fci
the lands which they have lost
through the creation OF the national
forests. Since, in many instances, il
will not be possible Ia select lieu Lands
equal i'm value Ia the sections in
cludcd i'm the national forests. tht
forester has advocated for Scvcra
years an arrangement under which
the state could exchange these SCI.
l tions. scattered throughout the forests
both surveyed and unsurVeycd. for i
compact body uf lands equal in value
Since IL would not he possible tn
find such body Of land on the IA,
cant areas outside OF national for
ests he advocates the selection 81
} such tract from the national for,
ests and its grant To the state by ar
. of congress. The forester is now seek
ing To effect an arrangement Of Thu,
character whereby the value of III
4 state sections within the national for,