The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1904-05-06
BUSY BEDE.
Diligently at Work Helping the
People in Swamp Land Affair.

piluClpdl ukuUtl W save UuC pcOplc
much valuable agricultural land on
the swamp land question in which
contention he was opposed by the
state auditor on the ground that the
lands belonged to the state if the
field notes of survey are allowed to
govern. The Bede contention was
that the lands should be allowed to
be homesteaded provided the entry
man proves that the field notes were
not correct and that the land sought
was not swamp but over half of the
tract Is high land.
The move to reclaim these lands to
the settler is sanctioned by everyone
but the state auditors Office and the
railroads. In short it is to give
homes to the poor; to put to CONNER
cial use lands that otherwise would
for years lie idle and untaxed: give
the settler timber on the land which
would otherwise be sold by the state
to lumbermen, and it gives free to
the settler the land with its timber,
which same land would, stripped of
its timber, be sold to the poor man
after years at high prices.
The order as it stands is retard
to the development of northern Min
nesota. 1t is a well known fact that
many tracts marked as swamp by the
surveyor are never seen by them at
all except from the exterior where
the section lines run. and virtually
in many instances the classifications
so made are on the part Of the state
and government steal from the
people. The Bede protest has all the
merits of right and justice in it that
any move could have and it has the
people behind it. and it should win.
Mr.. Bede has taken the matter up
with the president direct and has
sent him letter and among other
statements says the following:
'"The circular provides, ''Mr. Bede
states that all contests or contro-
versies hereafter begun respecting
the swampy Or non-swampy character
Of lands in Minnesota, whether here
tofore or hereafter surveyed, must be
determined by the field notes of the
surveyor.
"This works injustice to home
steaders. These settlers took up
homesteads under the law of congress
and made improvements on what are
in fact dry and tillable lands, but the
fields notes of the surveys show these
lands to be in swamps. If this order
is enforced these homesteaders must
lose their landwith the improvements
they have made thereon. Can the
ruling of the department take from a
citizen his rights under an act of
congress? 1.-The ruling makes field
notes of future as well as past surveys
conclusive evidence of the character
of the lands. To decide in advance
that whatever field notes shall be
made by any surveyor, regardless of
plumbers, malice, or caprice, must be
conclusive even though he has ira
versed the section lines and has never
fully seen the lands, and that all liv-
ing human testimoy must be excluded
though cloud of witnesses appear,is
to do violence to every sense of JUS
tice and to rob the citizen of his
fundamental right to the testimony
of his neighbors and the judgment
of his peers. By an act of congress
citizens are invited to settle on sur
veyed lands and it is the practice OF
the government not to make surveys
until petitioned by a considerable
number of settlers to do so but under
this order thesesettlers have no stand-
ing at the land Office and must trek
againif tfettield notes say so.
"As all desirable surveyed lands are
Immediately taken, this order is
practically repeal of the homestead
law in Minnesota, for settlers will
not go in and make improvements if
field notes to be mabe afterwards and
made without reference to ascertain
ing the character of the lands can
GUST them from their claims thrust
it may not de invfdious to suggest
that these settlers, Drawing all the
hardships of frontier life, are the
kind of citizens that make and save
the country and that, however humble
they may be, they have rights which
our government should respect. Some
have come from Norway, Seweden,
Finland, Germany and other countries
to find homes among US. But it was
this same class Of settlers, who, COM
ing to this country and settling In the
North and West half a century ago,
made 1T preserve the Union, for the
sons of the revolution were divided
and the prairie schooner saved the
day. / ask for them not even the
benefit Of a doubt. for no one doubts
their rights. ask only that tlregovern-
ment keep faith with these people
under an act of congress and the de-
partment modify its order to tile end
that such law be observed ,,