Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1928-02-10

In answer To many inQuir,ss regard
ing the reservation Of minerals In state
lands. 1. NJ. BrandJord. commissioners
of state lands and investments in a
letter sent out explains the problem In
detail.
I'm the case Of a lease of state lands
for grazing or agricultural purposes the
lessee acquires no right in the Ian itself
and any minerals, precious or nom
precious, in or on the land would be
part Of the land itself" said Mr.. Brand
jord. mo Interest in any such minerals
would pass with the agricultural or graz
ing lease. In the case of q coal-mining
lease. the right to mine the coal would
pass to the lessee but not the right TO
mine other precious minerals not named
in the lease.
Law Is Changed
Lands sold are, of course. In q differ
ent class. In the case OF all state lands
sold prior to March 10, 1909. all the min
erals in the land were old together with
the land; there were no mineral reserva-
lions OF any character prior to that date.
In the case of state and sold after that
date and prior to July /, 1927, all coal. oil
and gas in the lands were reserved from
the sale, but no other minerals we're re-
served. If gold, silver. precious stones or
other valuable minerals were found IN
the lands. other han coal, oil or gas
these minerals would become the proper
ty Of the purchaser from the state.
I'm the case Of state lands. other than
mortgage lands. sold after July l. 1927
all coal, oil, oil shale. gas. phosphate, So
dunn n other mineral deposits, ex-
cept sand, gravel. building stone and
brick clay, which have not already beer
reserved by the United States. are re.
served by the state. All such deposits
are reserved from sale except upon 6
rental and royalty basis.
This reservation Of minerals in state
lands is in full accord with the practice
now prevailing throughout the entire
civilized world.
Remain With State
There Is also q special reason for this
reservation of all minerals in our state
lands and this reason is found in the
federal legislation granting school sec.
lions mineral in character to the state
of Montana and other states in the
northwest. The act making this gram
was passed by congress about one veal
ago n approved January 25, 1927. W
to that time the title to our minera
lands was very much in doubt. Thu
grant was made upon the express condi'
ton that when the lands were sold, the
deeds or patents should contain a reser.
walton to the state Of the minerals IL
the land together with the right to pros.
pect for, mine and remove the same.
THE same act further provides thai
these minerals shall be subject to leas<
by the state as the state legislature MAJ
direct, but that If any of these minera
lands are disposed Of contrary to thu
provisions of the act, the lands them
selves shall be forfeited to the United
States.
THE statutes enacted by our state leg.
islature in 1927 providing for the sale ane
leasing Of state lands are in complete ac'
cord with this federal legislation grant,
ing the lands.
Benefit Whole State
1T is evident that If discovery is made
OF valuable minerals in large quantitie!
in any state land sold, this may result IL
substantial additions to our permanent
school fund or to the permanent fund
belonging to the various state institu
lions. In this way the mineral wealth
in lands granted to the state will benefi
all the people Of the state probably TO
all time to come"