Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-02-18

are in receipt or decision in the
case Of Stephen A. Thorpe w. the
state OF Idaho BY the secretary OF the
general land once at Washington,
d. C.
The land involved in the Thorpe
case, and also in all OF the cases az
fected by the points decided in ii BY
the secretary. are situated In town
ship "A, range 2 east.
The decisions is important. be-
cause many settlers are involved and
In that Il settles so far as the land
office Jurisdiction Is concerned for
ever their rights to land in the above
townships and that IL any further
litigation Is taken by them It must
be prosecuted In the United States
court. The cases were instituted In
the land ONCE about two years ago
and since that time they have been
carried up from one department "a
another, until the highest tribunal
In the land department was reached
In this township the state made
application for the survey OF land
under the administration on Steunen-
berg In 1899, but the application was
defective by reason Of a failure OF
the state to advertise, and i'm July.
1901, Governor Hunt renewed the
application Of the state. No notice
was given by the commissioner OF
the general land once to the on
GERS Of the local land oflce In this
city Of the withdrawal OF the land
from entry, and the settlers were
permitted to make a Ming upon the
laHds. A few days after the settlers
had filed the state made application
20 file upon the land. claiming d
preference right over the settlers un-
der their application for the survey
OF the land In July. 1901. The set
tiers attacked the right OF the state
70 the land on several grounds. They
eontended that because the commits
sloner had failed to notify the local
Office OF the withdrawal or the land
that the states application was void
and that they had no preference
right. The state had advertised in
the Wallace State Tribune and the
settlers contended that the law re-
quired that the advertisement
should be made In the paper nearest
the land. which was a st. Maries
paper. Another question raised was
that the state was without authority
to relinquish its right to sections
t6 and 36 in the Occur d'Alene In
dian reservation and select lands In
lieu thereof. In the first question
raised the commissioner held that
the state had done all that Il could
do and that II should not be preju-
diced by reason OF the neglect OF
the commissioner 70 notify the
local land ONCE Of the withdraw
al OF the land. He also held
that the State Tribune was such a
paper as was contemplated by law
for the publication OF their advertise
ment, and that the state had full au-
thority under the act OF February
%, 1891, TO relinquish the right TO
the sections in the Indian reserya-
ton and to make lieu selections else
where. Another question raised by
the settlers attorneys was that in a
letter sent by the United States sur
veyor general to the commissioner
he indicated a willingness to Join in
with the settlers and railroad COM
Dany in a survey Of the land, and
that this. taken together with the
fact that the land was surveyed by
deposits made by the railroad COM
pany, constituted a waiver OF the
states right to the land. The COM
missioner. however. declined TO place
this construction upon the letter,
holding that a provision was made
By the state at the time that their
rights should not be prejHdiced BY
reason Of their ioindure In the sur
vey with the railroad company and
settlers. The decision OF the com
missioner throughout Is IN favor OF
the state. and the decision means the
loss Of their land to IS settlers. The
settlers, whose cases are Identical
with that OF Thorpe and which have
also been decided by the secretary
and received at the local ONCE are
as follows: Charles o. Portfors.
Lewis NJ. squiers. Ed p. Brennan.
Clarence f. Stoddard. John Beaton.
VIM. c. Hendershot. John Brute.
Ellen Maris Engstrom. Albert s.