Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-08-23
MARTIN WOULD CHANGE LAW
Secretary Of State Shows Defects In
Lake Bed Statute.

Des Moines, Aug. 23-secretary OF
State Martin, in his biennial report
for the land department. made public
Yesterday at the capitol, discusses the
public land act passed by the last gem
eral assembly, criticises 1t severely
and recommends many drastic amend
ments thereto.
Concerning the act. which Is desig-
mated as chapter 1875 OF the acts of the
general assembly, Secretary Martin
says.
"The act evidently has two objects
to accomplish, one primary and the
other secondary; one commendable
and the other censurable. The second
airy object Is SO cunnlngly concealed as
it is interviewer with the primary OBJ
ject as to be apparent only after a
close inspection of the act in its en-
tirety. The primary object of the act
is the authorizing Of the sale of the
abandoned channels of the navigable
rivers Of the state and the bars Of
islands in such navigable streams. and
also the authorizing Of the appoint
ment of a commission. to act with a
similar commission from an adjoining
state, whenever such a question arises
over the proposed sale Of such lands.
This object is praiseworthy in that it
provides means for the sale of lands
which undoubtedly belong to the state,
and which the state was unable to sell
until authority had been granted by
the general assembly, ana also paves
the way for the placing Of such lands
on the tax lists. The secondary object
Of the act, and no doubt the primary
object Of the real author Of the act IT.
self, lie the giving Of the original appli-
cant for any such lands monopoly
on the purchase thereof"
Under this law the first applicant
has a monopoly on the purchase of
the land. He is given the deed to 1t,
under the law. If he pays the appraised
If he only puts up part Of that value
because he may deposit the full value
at any time in ninety days and take
his deed over higher bidders. It dis
courages other bidders.
There also Is an important inequal-
ity In the law to the harm OF the oc-
cupant. Says Secretary Martin:
Under the law AZ It now stands the
bona f1de. occupant OF the land, the
party who has lived on the land aud
occupied II as a home for himself and
family, or who has acquired a SEM
blarlce OF title by inheritance or by
purchase made In good faith from
some former occupant, has no rights
unless he be the party to make the first
application. It Is true that section Of
the acts purports to give the bona
fide occupant OF the land priority owe:
all other applicants, but It will be seen
that the conditions enumerated in said
section practically rendered it null and
void from the day of It's passage. The
first condition IL that the occupant
must have lived upon the, land ana
occupied the same as home for him
self and family continuously for a per-
iod Of three years Immediately prior
to the passage of the act, and such
occupation has been In good faith for
the purpose Of procuring title thereto,
whenever by law such title could be-
vested in him by purchase from the
proper authority
Shut Out Settlers.
ut will be seen that no provisions
are here made for those other classes
OF bona. Hoe occupants, those who may
have acquired title by right of inheri-
lance or by right Of purchase made in
good faith from former bona fide oc-