678 JOURNAL OF FORESTRY 



falling within the indemnity strips so described. In round numbers, 

 therefore, it actually involves the Government's title to approximately 

 3,800,000 acres of National Forest land, some of it being the most 

 valuable timber lands of the Northwest. The railway company appre- 

 ciates the importance of this opportunity to enrich the value of its 

 holdings. Its officers have frequently referred to the suit as involving 

 an issue worth thirty million dollars. The estimate is no doubt 

 conservative. 



This situation indicates the tremendous handicap which has been 

 placed upon the Forest Service in its endeavor to protect the public 

 interest in our national timberlands. If the railway company had been 

 willing to assume the responsibilities of ownership it could have 

 secured these lands before their withdrawal for National Forest pur- 

 poses by depositing with the General Land Office the estimated cost 

 of their survey and examination, and by filing its selection lists upon 

 acceptance of the survey. But this was not done. Obviously, actual 

 ownership and possession carries with it responsibilities and obliga- 

 tions as well as benefits. If the railway company had selected these 

 lands in this way it would have been forced to pay taxes upon them 

 and to bear the burden and expense of their protection and adminis- 

 tration. The failure of the railway company to initiate the selection 

 of these lands by application for survey indicates that they were not 

 at that time considered worth owning. 



If they had not been included in the National Forest the valuable 

 timberlands would have been taken up by squatters in advance of 

 survey during the past few years, and the railway company would 

 never have secured title. If they had not been included within the 

 National Forest much of the timber would have been burned and 

 destroyed, so that the present value of the lands would be of little 

 consequence. But since they have been under Forest withdrawal and 

 administration, title has not passed to individuals and the timber has 

 been protected. This, together with the depletion of our forests 

 elsewhere and the need of the public for lumber, makes these lands 

 now exceedingly valuable. Therefore, the railway company now 

 desires to secure them. Hence the suit now at issue. 



If the contention of the railway company is sustained, the plan of 

 management for each of the 21 National Forests named must neces- 

 sarily be completely revised. No doubt it will be found that many 

 improved ranr;":r stations ar? located on odd sections which would be 



