Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-01-13
School Lands.

Az the meeting Of the State Agfl.
cultural society the school land quos-
tion wa, not reached until late al night
The farmers seemed TO be all ht sea on
the question, having but a very In
definite idea Of the subjsot-apparsnuy
having no idea Of the rights Of settlers
Un school lands and seemed TO Know
very little In regard to what tiel
themselves thought best TO DO. -
looking up the matter the folloWiht
has been obtained from source that D.
authority on land questloni: ~
Reservation OF lands, beus. 10 aud 10
to n territory for the benefit OF school
IL not n grant, but an act with view
TO a grant, aud ~ territories have 10
vested rlghti the land cannot Inter.
vene, as between an entry man nnu
the government. But the grant takot
effect ana the title passes TO tho State
without patent or certificate when the
state IL admitted. b. the State
has n perfect right 10 sisT
In ne owner 10 all such school lands D.
are not excluded from its grant Tue
law excludes 40 such, all land settled
upon by qualified pte.omplors, VIII
n view to presumption, WHOM said sst.
Element was bciots the land was sur.
veyod by tho United blates. The PEE
smption law provides that q settler
upon surveyed land shall be protected
IN his settlement filh,s for three
months, from tho date OF the fillng Of
the plats Of said land In the local laud
office, against an intervening or az
verse claimant, which come have
claimed n state " be-. But the pre-
ponderanoe OF svideHcs has been
against a state stepping iD 10 defeat the
settler, even though he has not
fiied within the statutory period.
Toe department has repeated
~ held that settlement before
and al time OF survey EXCLUDES
the land clpimed, from the reservation
TO territory, and have from the grant
to the State, aud this too In the face Of
the fact thai fling had not been made
within the statutory period. A canv
decided In Utah was that OF Jane
Hodges, involving north bsli
northwest quarter Of section 30,
township q south, range east, as FOL.
lows, "That the failure VI n settler be-
fore survey, TO assert his claim within
the statutory period does not inufe 10
the benefit Of the reservation TO the
territory"
A state case In Caliiornla has boon
decided rs follows, "schOol land on
which settlement or cultivation was
formed at survey did not pass to the
state"
Against the state OF Colorado was
the iollowingi "a nling on n school
section being held for cultivation ON a
special SCENTS report, charging want Of
settlement, tins pts-emptor IL allowed 10
furnish nnal proof, In Wow Of nj.
legged settlement before survey and con.
tinuOus residence thereafter, though
the fling was not placed on record
within the statutory pefiod."
And last but not least, the u. =.
Supreme Court sRyr, In the case OF
Mining Co. VS. Consolidated Mining
Go. (lO2, u. 3. 1917, we arc now salts.
fioJ that whenever the sections 10
and 80l are ascertainod by tho govern
ment survey, there ~ either dwelling
house or the cultivation Of any portion
OF the land, on which some Que IL f,-
aiding and 10 asserting claim to II. the
title u the state does not vest.'
30 while there arc some nice little
technical points Involved In the qucs.
ton, which l cannot explain by letter,
am OF the opinion that bona lIu
claim for school land would stand
against the state.
In 1880 rights held by a pre-emptor
were by law vested 10 hOmesteadef.
10 In speaking OF pre.omptor II IT,
cludes homesteader and tho pfe-emp-
ton law 10 repealed"
This information comes from man
whose business II In TO kusw VIII, rect
he speaks and IL Tellsble. Rsmembvr'
Ing that the government protects nnd
aids all bona Hide settlers In every way
possible, would strongly advise all
such settlers on school lands, before |
1850, 10 Immediately apply through u
quail fed land attorney for tho home.
sleador's rights. Il Is my opinion that
II would better TO do this before any
State laws are passed on the subject, Ne
then the individual will only have 10
defend himself, whereas II he waits
TIL later the cases may become more
csmplicatei. A. A. MILLS,
Pres. Utah State Agricultural society,