Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-01-26


There seems to. be a boomerang
tied up in the decision OF the supreme
court regarding the Marble cNaek
lands, which may yet result in a large
majority OF the settlers securing
their land under the filings which
they still hold In the local land Of
flee. At first glance. or from a cas-
ual reading OF the decision, 1t would
appear that the settlers had lost the
lands, and this Is true so far as It
applies to the authority OF the state
under the legislative commission
act, but the court makes 1t plain
that the state land board has no au-
thority-in fact is prohibited by law
Ito relinquish sections 16 and SO
and take lieu land therefor the very
thing 1t has done in this case--having
attempted to relinquish these school
lands In the Occur d'Alene Indian
reservation and take the Marble
creek lands in lieu threof. Now the
question Is, II the state land board
has no right to relinquIah sections
l6 and 36 in reservations, how can
II lay claim to the Marble creek lands
which It is taking from the settlers?
The secretary OF the interior, the
highest authority In the gneral land
ONCE, has decided that the Marble
crek lands belong to the state In
lieu Of lands relinquished in the In
dian and forest reservations; the
supreme court holds that the state
cannot relinquish these lands, and
the settlers hold filings on the claims
that have been In contest. II the
reasoning OF the court is good, II
looks as though the settlers stu have
a valid claim back OF their filings.
The decision. while It apparently Is
against the settlers. in reality defines
the duties OF the state land board
and estops 1t from dlsposing OF the
lands to the settlers under the legis-
lative act creating a commission to
look into the contest and make rec
concentrations to the land board; but
at the same time 1t sets forth the
opinion that the state land board.
under the constitution and enabling
act, has no legal claim to the Mar
BILE creek lands. because they are lieu
lands selected In place Of school
lands rellnQuished without athority
OF law. The situation Ii complicated
and a number Of fine points OF ma
tional and state law are involved
which may go to the supreme courts
Of the United States before they ara
finally decided.
II never did look as though the
settlers could win through the acts
OF the legislature in creating the land
commission, because the constitution
SO clearly defines the duties OF the
state land board. But the decision
OF the supreme court in the case
seems to leave the settlers In a bet
ter position to stablish their claims
than they have ever been, because
they have something better than q
political promise to base their con-
tentlons on.
The court opinion Is In accordance
with the contentious OF both Sena-
tors Hepburn and Borah. that the
school sections In all reserves belong
to the state and 1t has no right to
relinqulsh. Senator Borah has
prepared brief to submit to the
interior department showing his rea-
sons for the claim. and II he estab-
fishes his case there will be a re-
seinding, or reversal, OF former
decisions of the general land once
and OF the policy Of the forestry bu-
neau with regard to the school sec
lions within the boundaries OF forest
reserves. Senator Hepburn. in 1905,
took the position that the state
could not relinquish school lands In
opposition to Governor Goodlng's
effort to do so.
The sttlers have lost on the con-
tentlons set up In their case before
the supreme court. that the state
land board had a right to relinquish
the lands to them. but In doing so
they have evidently won q point
which places them In the position OF
prosecuting their claims from a vest
ed legal right rather than from a
questionable political one. This
places them in a better position to
win than they have ever been since
the secretary of the interior turned
them down and decided that the
land belonged to the state. And
since the state will be able to retain
the school sections. In case the SUI
preme court decision Is sustained.
there Is no valid reason Why the set