Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1898-08-12
Pile Lands and Contests.


and coutroversary has been ex
hiblted. The Tribune of Tuesda,
attempts to shed some light upor
the subject; but only Confusio1
and more confusion can come from
this attempted excuse and defense.
The charge is made 10y the TELLER
that the state made an illegal fling
IN the Lewiston land office on
January IS, 1898, on 10000 acres
OF land. This entry is illegal be-
cause the law and the rulings OF
the Interior department are expli-
cit upon the point that a filing can
not be made by an individual or
by the state before the official and
approved plats are filed in the local
land ohlce. The plats embracing
the land in question were not filed
until Jan. IS. 1898. There are
none TO controvert these facts aud
this law.
1t Is not true as contended that
questions involved effect the settler
as well as the state. The settlers
have no premature filings. The
settler was inhibited from filing 90
days after the plats were filed by a
ruling of the Interior department.
The state was allowed so DAYS to
select and so days to file upon her
lands before the settler was allowed
to enter his lands. After 90 DAYS
from Jan. IS, 1898, the state had
no rights the settler was required
to respect as the land in contro-
versy then reverted to the "unre-
served and unsettled" public do
main. The state has not 30 days
or any other time in which to cor
rect the errors Of Jan. Is. 1893.
AS the state has lost preferred
rights by neglect, the bona fde
settler has acquired all the rights
of a homesteader OH the unreservcd
public domain of the United States.
This land was reserved till Mar. os.
1893, and not one day thereafter.
The attorneys for the confused
land board of the state profess to
hold In reserve a competent de-
tense. The best lawyers in the
city do not believe a defense in the
face of the stipulated facts and the
law to be possible. The pursuit
OF the forlorn hope is not even ex-
cusable. The only remedy is for
the states attorneys to abandon
the contest and to advise the board
to file again upon such a portion
OF the land in question as is at this
time unappropriated by bona fide
homesteaders. All of the defend
ants in the contest cases who have
made application to file have
thereby acquired prior rights
over the state, but all other lands
can be saved by lowly confess
sion OF error, immediate and intel
ligent action on the part of the
state land board, who by this time
should have learned a lesson,
which, however, those who defend
and excuse them have not learned.
The part taken by the TELLER
in this land controversy is no
captious contention. The mistakes
OF the board should be held up to
deserved ridicule till public senti-
ment enforces intelligent action to
protect the interest of The states
institutions The ardent desire of
every citizen who has the welfare
OF the state at heart is that the
pine timber Of our interior come
into commerce AT the earliest posi-
BILE date. The lumber business is
one of our latent Industries and il
Is held back by political intrigue
and official error. The fatal mis-
take made by premature filing on
this land cannot be corrected by a
contention based upon error. The
TELLER pie DIS for immediate
abandonment of the present shadow
OF claim to the MCGEE and Tav-
Tor selection of state lands and that
an entirely new selection be made.
l h aGfa 4