Graham guardian., 1912-08-16
STATE SCHOOLLAND
Clash Between State Iand
Commission and National
Forest Service

most intricate problems before the
present state government, the ad-
ministration of the land laws is also
conceded to be equally difficult, pre-
senting questions that are not easy
of solution. For the proper admin
istration of these laws, and to per-
form such other duties as investiga-
ting the school lands matter and
selecting still other lands in lieu of
those which have been disposed of
or settled since the first allotment
was made many years ago, state
land commission was created by the
last Legislature and appointed by
Governor Hunt. Since its organiza-
ton the land commission has been
busily engaged in formulating a
scheme for keeping the school lands.
which have been leased, still under
the same lessees until such time as
the state by definite action decides
either to retain the time in perpetu-
ity or to sell the land to the Settlers.
In its work the commission has
encountered many problems that
are difficult of settlement. but no
one more so than the problem that
has poked its nose above the horizon
of the commissions duties within
the last few days. The United States
forest service and the state land
commission have come to conflict
of authority upon the question of
administering certain of the lands
which have been designated school
lands, and the settler who happens
to be on the school lands within the
exterior limits of the forest reserves
is in a quandary, not knowing which
Caesar to whom he must pay tribute.
The state land commission leases
the land; the forest reserve leases
the land; both administer the same
land. or at least they are trying to,
and the result Of this may be some
trying and continued litigation in
the United States court. The con-
troversy proper RACES around the
right of the land commission to ad-
minister the law with reference to
sections l6 and 36, and some of the
settlers on these lands claim that
they are being harassed by the en-
ployes of the forest service in the
peaceable possession of the land
which they have leased. In some
cases the forest service, it is claimed
has gone so far as to cut down fences
and threaten to remove buildings
that have been erected on these
numbered sections. ~
A majority of these cases are in
the northern part of the state. and
most of the men effected are either
cattle or sheep men, who. in addi-
tion to their having leased school
land, are also renters of pasture
from the forest service, and many
of them are located upon sections
16 and 36. having been there, many
of them, from a time prior to the
creation of the national forest. The
creation of the national forests in
many instances placed the exterior
limits of the forests around the loca-
tions of these cattle and sheep men.
and under the authority of the Sec
retary of interior it is understood
the lands have been administered
As soon as the depredations COM
planned of came to the notice of the
land commission, together with the
claim that the commission had no
authority over the lands, Secretary
.Cy Brtne Of tn commission wrote to
Assistant Attorney General Lewis
/. Carpenter. asking for an opinion
as to the right of the commission to
administer thes" lands, receiving
he following reply:
/. August 2. 1912.
Hon. CY BYRNE,
Sec. State Land Commissioner,
Phoenix, Arizona.
DEAR SIR: | have your favor
o. August |, 1912. relating to the
application TO lease schoo, lands ly-
ing within national forests
Il beg tn advise you that-it is the I
opinion of this department that