The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-21
MAY LOSE HOMESTEADS.
Lands Bearing Coal Deposits Can Not
Receive Final Titles.

Washington. Dec. 21.-Thousands of
settles on western public lands will
have trouble in completing their
claims in the United States general
land office. Many of them, through
no fault or neglect of their own. will
lose their farms entirely, together with
the improvements they have made on
them The reason for-this situation IS
found in the recent classification by
the government biologists of large
areas of public lands as coal lands.
Lands which contain deposits of coal,
and which are classified as coal lands,
under the law can not be entered as
homesteads. Settlers occupying such
land, having not completed their titles,
will be denied final papers.
This surprising information is con-
tanned in a paper submitted to the ma
tionaI conservation commission by
Timothy J. Butler of Kansas of the
law division of the general land office.
Mr.. Buffers paper, which has the APP
prevail of Commissioner Dennet of the
land office. will be made part of the
inventory of the natural resources of
the country. which is to be included in
a report to be sent to the president
early in January by the conservation
commission.
Mr. Butler explains that under the
present law it is not necessary that the
coal despot on public lands be of
sufficient quantity and of merchant
able quality to render the land more
valuable for coal than for other pur-
poses in order to make it not subject
to entry under the homestead or other
agricultural laws But, he says. if the
land contains deposit of coal possess
ing commercial value, it is sufficient
to prevent agricultural entry.
At the present time there are pend
ing before the general land office &C
cording to Mr.. Butler, approximately
5000 homestead entries in support of
which final proof has been submitted
mr. VIII
been classified by the geological sur
vey as coal lands. 1t is estimated that
there is an equal number of home
stead entries where proof has not been
made which will come under the coal
land classification.
In an interview with the correspond
ent of the State Journal, Mr.. Butler
said:
sfwhile the issuance of patents pro-
tects the interests of the individual in
his Improvements upon the land, his
right to the use of the land and the
coal 1t contains, unless fraud is shown,
still the fact remains that the govern
ment has Invested itself of all title to
or interest in or control over the valu-
able deposits of coal which underiie
the patented land. In neither of these
instances can the settler be charged
with actual knowledge of the coal
character of the lands which he has
selected. There are no outward APP
pearances upon the land or in the i'm
mediate vicinity which would charge
one not geologist or without consid-
cradle knowledge of geological forma-
ton with the knowledge of the pres
ence of coal upon such lands.
1.-THE settlers have gone upon the
land innoeently. without intention of
violating the law, in pursuance of the
natural homemaking instincts, and
after having performed all that the
governments requires of them under
the homestead law the government
has found itself unable to protect them
in their rights to their improvements
and to the use of the surface of the
land, as there is no provision of law
whereby a title to the surface of the
land may be granted without granting