The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1916-05-25
STATE WILL RESIST
THE LAND GRABBEEss

| Taking advantage OF legal tan
| gle apparently placing in jeopardy
state lands yielding a perpetual in
come of from s5,00O,000 to $6,00O,-
| 600 to the schools OF Montana, pro-
| fessional locators, it is charged, are
| placing hundreds OF settlers upon
the states reserve Of half a million
acres in the northern part of Sheri-
dan and Valley counties, says the
Helena Record A bill is now pend
ing in congress, however, to straight
ten this tangle and when it passes
the claimants will be elected.
The state court OF Washington
quish unsurveyed school lands
within forest reserves and take
lands in lieu of ii lying outside the
reserve, unless it received for the
relinquished lands the price fixed in
the constitution. The general land
office has always held that state
erant did not attach Until the land
was identified by the government
survey. 1t was under this construc~
ton that the exchanges We're made
IN Montana and the state received
the lieu lands in northern Montana.
Because OF the decision in the
state Of Washington, the general
,an@ office has declined to issue pat
ents to lieu lands until The point has
been passed upon by the supreme
court OF the United States, or until
tt has been cleared up by appropri-
ate legislation. Bills are now pend
ing III congress providing Tor the
adjudication Of state selections. sanlt,
The state land board has adopted,
resolutions urging their paSsa ge. s
The position Of the state land
board is set forth in the following
statement ladeby Sidney Miller,
register Of the state land Office:
TIE movement in the northeast
ern part OF the state by settlers go
ing upon state lands is the result of
q mistaken idea on the part OF the
settlers, aided and allotted by pro-
lesslonal locators, who are working
for fee. These lands were selected
by the state as indemnity school
lands, in lieu of school lands that
the state loses by reason of the crea-
ton Of the national forest reserves.
1t was considered better policy,
both from the federal and state
viewpoint, to permit the federal au-
thorities to have absolute jurisdic-
ton in the administration of the
national forest reserves. The state
accordingly relinquished the unsur-
veyed school land in these reserves
that the most part are broken and
mountainous, and Of little value.
and selected in lieu thereof desira-
bic agricultural land. 1t was a good
trade for the state
Acting under an act of CONGRESS
of August IS, 1894, which confers
upon the site preference right to
make selections for 60 days after
the filing Of the plats Of government
survey in the local United States
land office, the governor Of this state
en- March 10, 1910, made aDplica-
ton for survey Of several townships
IN The northeastern part of the state.
and thereby initiated q preference
right.
After survey and approval there
OF the state made it's selections in
regular form, as approved by the
enabling act ana the act of February
~, 1891. These statutes a provide
that if the land is lost to the state
by reason of settlement upon school
sections prior to survey, or reserved
by the federal government for other
purposes, such as military, indian or
forest reserves, the state is entitled
70 select indemnity to reimburse the
school grant for the losses thus sus-
tanned: In this manner the state has
selected over 100000 acres and
nearly one-half of these selections
are removed beyond the possibility
OF any settler acquiring right bet
ter than that of the state. It is the
unapproved selections that are i'm
controversy.
From the foundation of the gov
eminent, the public domain has
been under the jurisdiction of the
secretary of the Interior, subject to
the acts of congress pertaining
thereto. The granting of sections
l6 and SO for school purposes is a
grant that cannot attach until the
land is identified by the government
survey. Up to this time it is public
domain and subject to settlement. or
reservation by the national govern
ment for other purposes. This is
not only in line with congressional
action, but in line with the decisions
repeatedly made by the supreme
court of the United States.
"The question that has been
raised by these locators, and their
attorneys, Is as to the authority of