The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1921-02-17

LIZ lAVd
land selections in the national forest
in Montana and adjoining states, nov
expects to gain a decision adverse
to the railroad on the appeal mad
by the government after two deci
sions in the lower courts in favo,
of the Northern Pacific. The ties
case involves only title to 5000 acre.
in the GaIlatin national forest, blu
on the outcome of the appeal will de
pend disposition Of claims aggregat
ing 100000 acres, valued at $50,
100000.
The forest service went before the
appropriations committee and asked
for $4,000 to enable it to examine
the lands within the limits of the
Northern Pacific grant, where those
lands today are embraced in foresi
reservations. The committee cut thc
appropriation to 10000, on the as.
~surance of the forest service that the
information would be necessary il
prosecuting further suits to prevent
lieu selections by the Northern Paci-
fic, even though the supreme court
may decide in favor of the railroad
company in the pending case. The
attitude of the forest service was *
planned by Mr.. Sherman, their legal
adviser, when he appeared before
the committee on appropriations
After explaining the OF
grant to the Northern Pacific, Sher-
man went on to testify as follows:
The Railroads. Claim
THE railroad company claims the
right to go into these national for
ests within the first ana second iu-
demnity strips and select at will the
odd sections in lieu of odd sections
lost within the primary limits of their
grant. This right has been opposed
by the executive departments, and it
is now at issue before the supreme
court. 1t arises in connection with
a suit brought by the federal gov
eminent to cancel a patent to a tract
If 5,48i acres issues to the Northern
Pacific railroad for lands within
what is now the Gallatin National
forest.
This patent was issued through
an error in the land office and when
it was discovered, the Northern Pa
cific railroad company was ASKED TO
return the patent in order that it
might be cancelled. They refused to
do so and maintained that they had
a right to make the selections and
had never pressed this right before
because they would do so under adj
verse legal conditions. The govern
ment brought Suit to cancel the pat
ent and has lost the suit in the lower
courts and in the circuit court of ap-
-4oJ1 oroaf1- - ~ c,r~pr,co hooo,ca
we felt that the railroads contention
was without solid ground. 1t has
been appealed to the supreme court,
and upon it hinges the title to be-
tween three and four million acres
Of land lying within the national for
ests of Washington, Montana and
Idaho.
"Officers of the Northern Pacific
have at times referred to this case
as a 100000, 600 suit. The lands in
volved are probably worth easily
that. They embrace some of the best
timberlands in the northwest. The
outcome of the suit is problematical,
and we feel that we would be in a
very much better position to handle
the matter if we could make certain
Investigations regarding the underly-
ing equities in this case. We feel it
can be shown by investigation that
this indemnity provision has more
than repaid the Northern Pacific for
its loss of lands in place.
The Equities Involved
after we have lost this suit, if
we lose it, the railroad company will
have to face the question of filing
their lists and then bringing man
damus proceedings against the sec
of the interior to compel him
to issue the patent. That would be
the next step in the procedure.
Granting that the secretary of
the interior allows them a patent,
hen we will have the information to
show the equities in the case, which
not considered at the time the
court had before it merely its legal
I feel very sure we will be
able to secure information and data
ing upon the decision of the ease and
will enable us to put the matter be-
fore the supreme court in a way that
will save these public lands for the
Furthermore, if we cannot
show that, we hope we can
show a state of facts similar to that
existing in the Oregon and Califor-
MIA cases and land grant in Oregon,
where suit was brought to cancel the
grant. The supreme court did not
sustain the suit to cancel the grant
but held that since the grant was ORR
given by the government, con-
litions had changed so materially as
70 warrant the federal government
retaining the lands, but mean
while securing to the railroad com
,any the equities they were entitled
o under the terms of the grant.
Changed Conditions
81 feel that we will be able to
how that since the grant was given
o the Northern Pacific railroad con-
litions have changed materially, that
he passing of title to these valuable
imberlands and watersheds, some of
hem having an important bearing
lpon federal irrigation projects, that
Ter head was a question. There we