The Norfolk weekly news-journal., 1907-11-29
HISTORY OF LAND CASES
PIONEERS SETTLED BEFORE THE
COUNTRY WAS SURVEYED.
HELPED TO DEVELOP COUNTRY

Until 1896-ln the Meantime the
State Was Given Odd Numbered
Sections.
For the purpose Of inducing the
state board Of public properties to
scale down the appraisements on Boyd
county lands which have been In con-
troversy between the state of Nebras.
ka and so-called "squatters" who set
tied upon them in an early day, says
the Lincoln News, arguments were
made before that body Saturday by
Attorneys Sanford Parker and M. F.
Harrington of O'Neill The hearing
took place at the office of Governor
Sheldon, who is not a member of the
board, but was desired by the officials
who are members to participate in 1t.
| Beginning at 10 o'clock, two hours
time was taken up In going over the
questions that have been so long in
litigation. The lands In controversy,
aggregating 1900 acres, were assessed
In 1905 by the Boyd county commits
sioners at 81 to SIS per acre. On re-
view by the state land commissioners
office, these figures were raised to a
minimum of 500 and a maximum of
1872 per acre. The occupants of the
tracts do not wish to pay these higher
prices and have appealed to the state
board to date the appraisement back
several years, when lands in north Ne
braska were not worth as much as
now. They said this should be done
because they were ready to buy at
that time, but could not do so because
the matter was in litigation and 1t
could not be told whether the state of
Nebraska or the United States held
title. The final result Of the litigation
was decision by the courts that the
land belonged to the state.
The governor and the board of pub
lie lands and buildings listened to
what the attorneys had to say, asked
questions and discussed what should
be done, but arrived at no definite
conclusions. Land Commissioner Eat
on stated that he thought the date of
the 1905 appraisement might be set
back several years and the squatters
allowed to pay at the rates prevailing
In 1901 or 1902. A dozen or more Of
the men who are living on the disputed
domain were present at the hearing.
Attorney Parker, who is receiver Of
the United States land Office at O'Neill
declared that this was the thirty-sev-
enth trip he has made to Lincoln on
business connected with the Boyd
county land cases. He said the mat
ter was one of the legacies handed
down to the present state board from
previous administrations.
The history of the affair was re-
viewed at length by Parker, who said
that the tracts which the settlers now
wish to purchase were originally part
of an Indian reservation and later in
tary reservation, during war times.
In 1889, congress passed a bill throw
ing the Indian lands open to settle
ment, and in 1893 the military reserva-
lions were added to this territory by
another act At the same time, the
state of Nebraska was given authority
to select lands from the odd numbered
sections within the region specified
to indemnify it for other lands which
had been lost through squatters OBJ.
tanning prior rights.
In defense of the men who are now
seeking to purchase the lands they
occupy, Parker declared that they
were pioneers who came before the
country was surveyed and helped to
develop it, He stated that the gov
eminent survey was not made until
1896, so that these settlers had no
| foreknowledge where to locate and
could not tell in advance what tracts
were reserved for the state. He far.
Their pointed out that the government
surveyors placed the names Of the
settlers on the official plats, to that
extent recognizing their rights.
1t was shown that former Land Com
missioner ]. " Wolfe of Nebraska
made selections for the state in 1897
and filed them in the land Office at
O'Neill, which was instructed by the
government at Washington to accept
no applications for homesteads on the
same lands. A letter written by Wolfe
at the time was read, showing that
he had endeavored to pick lands not
occupied by settlers but unwittingly
chose some on which the men now
interested had made their homes.
Land Commissioner Follmer, who
succeeded Wolfe, suggested legislation
allowing the state to sell to the squat
tiers, and bill was passed authorizing
the governor to make deeds. This
was declared unconstitutional, as the
Nebraska constitution provides that no
state lands shall be relinquished for |
a less consideration than 81 per acre. |
Another bill was passed by the leg
islature Of 1905 authorizing the state
to sell at appraised valuations. This
is the act under which the settlers
hope to acquire the lands they are on.
The only difference between them