Omaha daily bee., 1902-02-13
FIGHT FOR BOYD HOXESTEADS
Land Commissioner Fsllmsr Stands Firm
Against Rslisquishmsnt.
LIVE STOCK GROWERS SOON 10 MEET
Will Take Up I'm Special session the
Proposed Leasing Of Government
Lands I'm state OF
Nebraska.
From a star correspondent.l

NEA0an n Aah
LINCOLN, Feb. 12.-(special)-Land
Commissioner Follmer has taken a deter
mined stand against the proposed relin-
Iuishment Of the Boyd county homestead
land, the title Of which has been In dispute
tor many years. He declined to say this
afternoon whether or not he would sign the
leeds authorized yesterday by the Board
" Educational Lands and Funds, but 1t Is
understood he will withhold his signature
unless a favorable opinion is given by the
attorney general.
The 2,7OO acres OF land Involved in the
Transaction are occupied principally by A.
n. Blair, J. A. Sinclair, J. M. Bayne. John
Hediund, Solomon Jensen, II. Sinclair. w.
H. Laprath, c. ]. Nelson. Peter Londberg,
Clause Paulsen. s. w. Farmer. F. J. Bidner.
J. T. Brimmer and A. T. McCright. These
men fled claims with the board. asking for
the REIMBURSEMENT Of the land to the gem
sral government. The controversy has
been dragging along In judicial and other
tribunals for the last ten years. but so far
all decisions have been adverse to the
homesteaders. The last legislature au-
thorized a settlement, but the LAND com
missioner contends the law making pro-
vision for the settlement is unconstitu-
tional. He says the land is state school
land and cannot be decided away, for the
law says the school land shall remain for
ever inviolate.
Commissioner FolImer's Protest.
Mr.. Follmer has filed a lengthy protest
against the action Of the board. of which
the following is a part:
Section Z, chapter xix, Laws of 1899, pro-
ytdes, "When the Board OF Educational
Lands and Funds becomes satisfied that
full payment has been made on any tract
OF land heretofore sold the governor shall
under the great seal of the state issue a
deed therefor to the purchaser, or his as
Bignee, end all deeds so issued shall be at
tested by the commissions of public lands
and buildings and a record thereof kept in
This Is the only general law in the stat
utes OF this state that l have discovered
that provides how school lands of the state
may be granted and conveyed. Chapter
100, Laws of 1901. seeks to take away from
The Board of Educational lands and Funds
the right to control and dispose of the land
as by the constitution and laws provided.
The act, ehapteE Six' does not O repeal sec
a deed. and BY the act the commissioner
chapter cxxii. Laws of 1897. the custodian
of all lands granted the state by the United
s ssisctsd as s cca0 is anS lost IN page :. Wshho
land on behalf of the state, and who has a
sworn and %bounden duty to perform in the
rights, powers, duties and obligations to
the state, which are deemed Imperative
and obligatory on his part to be done and
performed to protect the states interest
therein are curtailed and set aside to the
s~afeguards intended by the constitution
and the avs to preserve inviolate school
lands and funds are ruthlessly, set aside
for naught. Clearly such proceedings are
Illegal and unconstitutional. Again / call
attention of the board to the fact that If
chapter elk, Laws of 1901. for the relief of
Mr.. Blair, Is unconstitutional, then, in such
case. the sole power Is vested In the gov
ernor OF this state to dispose of the land
as by the act of 1901 provided, and that the
Board of Educational Lands and Funds of
this state has no right. power or authority
to do aught In the premises, that the sole
power and authority. is completely vested
power or authority to act in the matter in
do1e nv this board In RELATION to the same
would be absolutely illegal and Unlawful
and against the express direction of the
act Of the legislature. If action is taken
for the relief OF Mr.. Blair, as contemplated
by the act of 1901, the governor must as
sumo the responsibility therefor and re-
lieve the board OF the responsibility, and