Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-07-03
RIGHTS OF STATE
IN LAND LOSS
10 Be Determined by Legal
Department After
Investigation.


Lumber companies that have pur.
chased timber on large tracts OF state
lands and assumed the right to lease
the lands for grazing during the Is
or 20 years during which right 10
given by the state to cut and remove
the timber, will be taken into court
by the state to have Its rights to lease
such lands over the leases made by
timber men determined. says the
Capital News.
The lumber Companies purchasing
timber have manifested q desire to
not only profit by the timber, but
also to make money out Of the land
on which the timber is situated, and
have leased the lands in many In
stances to sheep men and thus paved
the way for the state to come In and
contest such leases In favor Of leases
made by the state.
Lands Leased Twice.
George A. Day. state land COM
missioner, mas curing the past few
months leased many acres of state
lands on which the timber has been
sold by lumber companies to sheep
men for grazing purposes. the rights
Of the lessee from the state being
contested by sheep men who had
leased the same lands from the lum-
Der companies, which, it is charged,
have arbitrarily assumed the right
to and the control of the lands on
which they have purchased timber
from the state.
With two leases issued to the
same land, one by the lumber COM
pany purchasing the timber and the
other by the state land commissioner,
the sheep men holding the conflict
ing leases are endeavoring to have
the matter adjudicated in order that
they may have definite understand.
Ing as to which lease Is valid. Sheep
men who hold conflicting leases have
for the present endeavOred to ami
cably adjust their claims SO that
both the lessee of the state and Of
the lumber company can Craze their
bands of sheep on the disputed, land
until the question may be determined
by the legal department of the state
through an action brought in court
ct an early date.
Leasing Practice General.
The leasing of lands, on which
timber has been purchased. to sheep
men for grazing purposes has been
practlced in general by all lumber
companies engaged In removing tim
Der or owning timber on state lands.
The terms OF the purchase of the
timber from the state are such that
the lumber companies are entitled
to from ID to 20 years In which to
cut and rmove the timber purchased
from the state. During this period.
and since the grazing law went into
eject, the lumber companies have
assumed prior right, on account OF
the purchase of the timber, to the
lands and have. without hesitation.
leased hundreds of acres Of state
lands to sheep men. The Weyer-
hauser company contrals some 27.-
600 acres of state lands in Boise
county, near Thunder. in this man
ner. the lands being leased to Van
Dusen brothers, who have a large
sheep OUTFIT on the lands. The lease
Of the state lands In this instance
vas made, 1t Is stated. by the lumber
company TO the sheep men at price
Of two cents pepr acre per annum.
Much other state lands in Boise
county on which timber has been
purchased by lumber companies
have been leased TO sheep men at
annual rentals ranging from ave to
seven cents per acre.
Rights Of state Reserved.
By the terms Of the certificate Of
sals the lumber companies are au-
Aoriled to enter the land for the
purpose OF cutting and removing the
umoer only, the other rights Of the
aAte to the land being reserved.
me lumber companies. therefore de-
nse 4 revenue from the state lands
= which they have purchased tim
vt that should be enriehing the
s0aers OF the state. Three forms Of
eOatraet Of sale Of timber have been
a'ea nom time to time by the state.
pseal provision being made in the
s'n OF contract used during the