Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-03-01
SCHOOL LANDS REBATE.

There appears TO be some dispute
between the state authorities and n
few Of the citizens over the rights OF
the latter to a refund Of money paid by
them for school lands as provided for
by law The points in the case. as
presented by their representatives are
as follows:
In the Constitutional Convention
the special preferences to be given the
early settlers upon school-ands was
duly considered The prevailing sem
timent was that settlers who had gone
upon these lands without knowing
them to be school lands (Which meant
prior to the establishing OF the U. $.
land office in 1869. when for the first
time the plats and feldnotes we're made
public here, having been previously
kept in Cheyenne Wyo,) should have
the right to purchase their holdings at
q nominal price.
The first State Legislature provided
by law that settlers who had occupied,
settled upon or cultivated school lands
prior to the extension OF the u, S, sur
veys over such lands should have the
preference right to purchase the same
at one-fourth the appraised value
The state Land Board held that said
surveys extend over and were complete
IN the early ffties, when the actual IT,
s. Survey were made In the field, while
the occupants claimed that those SUR
veys were incomplete and unknown
prior to the opening OF the land Office.
The citizens Of Cache, sanpete and
other counties refused to accept the
land boards construction Of the law,
and in 1899 were about TO have the law
construed by the courts, when the
LEGISLATURE unanimously passed a law
liking the date OF survey March LIST,
1859 and guaranteeing TO all
occupants Of school lands prior
to that date the one-fourth rate;
providing, however, that whore state
| certificates for said lands had been
| issued 10 such settlers, they should pay
the state IN full therefor and at the
next session Of the Legislature Ale their
The compromise by the state was
| accepted by the settlers and hundreds
Of certificates or contracts were taken
up and payments made thereon, hut as
the state gave the settlers 10 years at
per cent interest to pay for said lands,
some have not yet paid IN full; but the
major part have paid up and received
their rebates by appropriations Of the
legislatures IN 1901 and 1908 An Of
this class OF settlers whose certificates
at full appraisement were not issued
only paid one-fourth Of the appraised
value for their holdings
An of these early settlers have re-
ceived the benefit Of the law, except
one person out OF over 800 IN Cache
county, two Of over a hundred IN SAM
pete county all except four In Utah
county, ana q few In Boxelder Weber
and Davis counties and about half In
Salt Lake county
IN an Il IL estimated that four-hfths
have been awarded this special prefer
ence, amounting 10 something like
$50 900, while one-ffth have not re-
celved II, hence about $4,000. Is due
them before full payment IL made. The
majority Of the latter are now prepar-
ed to Mo their claims with the Legisla-
ture, which IN justice and equity and
by the pledge OF the state IN the law
OF 1890 should be paid
The question OF taking this money
out OF the school fund and returning
Sc TO these settlers has been raised,
ana by some asserted 10 be In viola
ton OF the constitution, but from these
facts 1t appears that these payments
with expected rebates never were state
funds, although the state official exact
Cd them from the settlers, ana the
state has had the use and benent Of
them for years.
II appears to us that these claims,