The Miller sun. (Miller, Hand County, S.D.) 190?-19??, 1906-01-03
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The state land department has the past
few years been called upon to settle con-
tentions as to title to state lands which
had been sold on contract. the original
purchaser having in many cases died or
transferred the contract, after which
question of disputed title came up. On
these cases the department has been call
ed upon to act in judicial capacity to
settle claims. At the last legislative ses-
sion q law was passed which provided
that the commissioner should deliver the
patent when final payment was made to
the county auditor in the county in which
the land is situated, and the last clause
of the law provides: 1.-THE delivery of
such patent to the auditor as aforesaid
shall operate as a delivery to said pur-
chaser or his assigns; or in case OF his
death to the parties entitled thereto
Commissioner Bach has applied this law,
to contracts made since the going into eff
feet of the law, but has secured an opin-
ion from Attorney General all bearing on
the subject, in which he holds that the
legislature in this act prescribes form
of patent which shall be issued by the
state and that the use of this form is
mandatory and applies to all contracts
with the state for land purchases. regard
less of the date of the contract. From
this time on all patents will be delivered
in this manner, and where there is any
dispute as to who is entitled to the land
it must be settled through the courts, in
stead of asking the state land commits
sioner to act judicially in such q settle
ment. This will relieve the department
of great deal of trouble, which has been
increasing in amount as the state grows
older.
..+ ~
Great interest in the Home Builders
Protective Association, of the Black
Hills, which was recently organized by
ranch owners of the central and southern
Hills. When the government set aside
the Black Hills forest reserve as a public
domain, it virtually took away the right
Of ownership for a good many ranches
scattered Throughout the gulches. The
owners of these ranches had made placer
locations, expecting to obtain their
ground under the placer law, and in this
way get possession. There were several
hundred, however, who at the time the
reserve was set aside. Sept. 10, 1898, had
not proved up on their holdings and the
reserve law virtually demanded that the
ranches be abandoned. A special act Of
congress was obtained which made it pos
sble for those who had made these
placer locations prior to Sept. 10, 1898,
to prove up on them as homesteads. This
was done in good many cases, but at
the present time there are several hum
dred ranch owners who have no way of
proving up on their holdings on the pres.
ent ruling of the law.
State Land Commissioner Bach has re-
turned to Pierre from Mcpherson Coun-
ty, where he held a second offering of
state building lands. He disposed of 70
acres, all to residents of the county, who
took the land as the minimum price of
$40 an acre, bringing to the fund an
other 81, 900. This sale, with the former
one held in that county, has brought the
fund from Mcpherson County alone over
$50, 900. Besides these sales the depart
ment is disposing of tracts at private sale
on the same terms as they were offered
at auction. The past week 240 acres
have been disposed of in Edmunds Coun-
ty, where there were no sales at the time
of the auction offerings. Commissioner
Bach is well pleased with the outlook and
thinks there will be no trouble in dispos-
ing of the required amount of land to pro-
coed with the work on the building ear
ly in the spring. AS soon as the spring
land business opens there will probably
be another offering at auction Of all the
public building lands east of the river.
.
Last year the state land department at
Pierre found q great deal of trouble in
the enforcement of the provisions Of
chapter GA Of the laws of 1905. The law
requires school officers to make sworn
statements as to their returns of school
census. In the past such returns were
| made without oath, and with the states
school fund apportioned on the number
of school children returned there was a
strong temptation to some of the school
officers to make the return as ''strong't
las possible. When the reports began to
come IN 1t was necessary to return many
of them for the sworn statements, and IN
some cases the report was sent back sew
eral times before 1t was finally accepted.
| To save recurrence of this trouble Land
Commissioner Bach is sending to county
superintendent circular letter calling
their attention to this provision and adj
;yising them to take up the matter with
their school district officers at their win
ter meetings, to save a recurrence of the
trouble next year.
| One hundred carloads of steel rails
have now arrived at Rapid City to be
| used for the extension of the Northwest
| ern Railway across to Pierre. Several
| hundred carloads of ties have also come.
| The Missouri River and Northwestern
Railway Company has just received six
| carloads of steel rails, with four more on
Il a. Al.
| been opened up and are ready to receive