Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1915-09-03
STATE GETS LAND
(By Clark V. Savidge, commits
sioner of public lands.)

| Washington and the federal govern
ment, / have purposely avoided the
use of legal terms or phrases or the
discussion of the legal points, believ-
ing that what is desired is a state
ment in as plain and simple language
as possible.
The enabling act which admitted
Washington to the Union granted to
the state for the use of its common
schools sections l6 and SO In every
township. Much OF this land was un-
surveyed. The state could not obtain
possession of the unsuryeyed sections
until they had been located and sur
veyed by the federal government. In
1897 the federal government began
to establish forest reserves in the
State of Washington. The establish
ing OF these reserves has continued
until at this present time approx
mately one-third OF the state of
Washington is within the boundaries
of the forest reserves. BY far the
larger portion of the territory en-
braced within the boundaries of the
forest reserves was unsurveyed. The
federal government has steadfastly
maintained that the establishing of a
reserve eXtinguished whatever claim
the state had to unsuryeyed sections
within its boundaries. The state has
as stoutly maintained that it did not.
BE that as it may, the government
holds the key to the situation in that
| it is not obliged to survey these
| lands. The state has sustained
| further loss OF its lands by settle
| ment that is, where settler has
squatted upon lands prior to survey
and upon survey it is found to be
either section 16 or sc and thus a
part of the school grant. In such
cases the government has always
ruled that the settler had prior
claim and has issued patent for the
land.
The federal government offered to
| recognize the claim OF the state to
the extent of permitting it to select
an equal amount of land from the
appropriated government land out
side the forest reserves, under fed
eral statute providing for the selec-
ton of lieu land by the state. The
state declined to do this for the sim
pie reason that it would be impos-
sible to find among the unappropri-
ated government lands a tract that
even Appropriated in value that lost
by the state. In the summer of 1913,
accom- panied by Attorney General
Tanner, | visited Washington, ID. c.
Numerous conferences were had with
the federal officials, at which this
matter was thoroughly considered,
THE result of these conferences is an
agreement between the state of
Washington and the federal govern
ment, which is substantially as fol-
lows:
The government recognizes the
loss by the state Of its unsurveyed
lands within the boundaries of the
forest reserves and also the loss by
settlement within its reserves. 1t is
provided that the federal govern
Iment, through the secretary of agri-
culture, will appoint a representa-
tive, and the state of Washington,
through the board of state land COM
missioners, a representative, these
two representatives to make, with
such assistance as may Pe neces-
sary, an examination of all school
sections within the forest reserves
that were unsurveyed at the time of
the establishing OF such reserves,
and also an examination of oil school
sections within the boundaries OF the
forest reserves upon which settlers
Ihad sQuatteC prior TO survey and IN
: |
for the purpose of determinirs the
area and value tEeceof. The repre-
sentatiyes shall then locate tracts OF
land equal in area and value to those
lost by the state, such tracts to lie
INSIDE the boundaries of the forest re-
Fserves, but near their exterior bound
iaries, so that the boundaries OF the
Preserves may be contracted and the
tracts agreed upon be eliminated
from the forest reserves, the state OBJ
tanning title to these tracts in ex-
change for relinquishing its claim TO
Pthe scattered sections throughout the
reserves.
The agreement further provides
that the expenses incident to the ex-
change shall be borne equally by the
state and federal government.
In accordance with the terms oil
L, fadnral govern