Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-09-15
SETTLERS LOSE
LAND IN 43 AND A
The State and Northern Pacific
Win Famous Case.

The oficers Of the local land once
received notice today from the sec
Rotary Of the interior OF an alirm-
ance OF their decisions In a triple
legal fight between the Northern Pa
cifc Railroad company, the state OF
Idaho and settlers for valuable tim
Der lands in township a.. range 2.
east and township as. range 3 east.
The townships are situated In what
is known as the Marble creek coun-
try, and contain the most valuable
timber lands in the state, and the
legal fight which has been going on
for years over the land was carried
up from the decision Of the local
oficers to the court OF last resort
b the land once the secretary Of the
interior. who afirms the decision OF
the local officers with regard 10 all OF
the cases. This decision is also
confirmation OF that Of the commits
sioner Of the general land Office.
The secretary in his decision holds
the application for survey made by
the state on July s. 1901, valid. and
this gives to the state a reference
right to all lands Wherin Its applica-
ton preceded either a settlement BY
the individual or a selection BY the
railroad company According 10 the
decision the same rule Is made to
apply with regard to the railroad
company and the settlers, so that
the railroad company. to have a right
superior to the state or settlers. must
have made a prior selection. and the
settlers to have a superior right over
the railroad company and the state
must have initiated settlement upon
the land prior to selection Of II by
either the state or company.
In some Of the instances the state
has recognized the priority Of set
tiers over It to the lands and has re-
linguished in their favor. and In those
cases the rule IL again invoked. and
the settler to acquire preference
right must have made settlement
prior to selection by the railroad com
pany. The state is the winner OF
most of the lands according TO the
decision. The railroad company al
so under II acquired title 10 a large
number OF acres OF timber land. but
only In a few isolated instances did
the settler win out. owing to the fact
that in nearly all OF the cases be
was preceded either By the state or
the railroad company.
Something like 60 settlers are
effected by the decision and they are
as follows:
Walter Bond. Joseph BouchaFd
Joseph LaBella. Carl p. Lueschel,
James w. Calkins. Thomas Coddlng-
ton. Louis Campo. Alva A. Wealth.
cred. Dorothy Weathered, Kip G.
Miles, William NJ. Walsh. Daniel
Hewes. Charles r. weIhem. William
Zelgler, Sam O. Chinn. Charles A
Miller. Ada Toles, Ralph Plummer
Thomas a. Scott John W. Foley
William c. Robinson, Aiya Strong
J. T. Odgen, Clara b. Weathered
! Charles o. Portsfors. Jennie PauIson
John J. Morrison, Hill Norton. VIII
! liam II. Hartman. Elisha Lines. VIII
, liam II. Thomas. David Cheney. John
C. Dwyer. John Stevenson. william
J.. Theroult. James II. Mcclure, JohI
w. Sheppard. Frank Roberdue
Arnold Hooper. william Perkins. zel
la Perkins. Loaf Edin, Charles. r
Hubble. Dan. D. Thomas. JOSEPH
! Raymond. William r. Shoulder
n Thomas o. Miller. Henry H. Hoag
: land. Mary Lppert, Andrew r Eng
! strom. James G. Neyins. Ellen Eng
8 strom. James Abel. Carrie +. Shear
D err. Lawrence J slmpkina. Franklin
D Therault. Jessie O. Estates. ans
Q George II. Root.
q