Bismarck daily tribune., 1908-12-23


ands of homesteaders in North Da-
kota and other public land states are
in danger of losing their homesteads
and all improvements upon them, by
the withdrawal of the Ignite coal
lands by the government and their
classification as mineral lands. TIM
othy j. Butler of the legal depart
ment of the government land Office,
in an address to the conservation con-
ference here recently, declared that
the land departnnnt has now fully
10000 cases before it in which home
$steaders are unable to complete final
proof and receive patents to their
homesteads, because their farms have
been classified as coal lands. @
Congressman Thomas F. Marshall
of North Dakota put a bill into the
house last week to correct the situa-
1 ton, and give relief to these settlers
and it is believd this measure, if it
passes, will save to the Dakota, Mon
tana, Wyoming and New Mexico set,
tiers, their farms, although it will &C.
knowledge the governments owner
ship of the coal which may underlie
their property. /. !. u @ Z.
The ignite coal fields have been
withdrawn from entry as public agri-
cultural lands as result of the inves-
LEGATIONS made by the experts Of the
geological survey. In many of the
most fertile agricultural sections of
North Dakota, the experts found evil
dences of rich deposits Of Ignite, and
sthe lands were ianmed ediately classified
as coal lands A homestead entry can
not be made on coal lands, and as q
result, there are many farmers who
have been developing the agricultur-
4 al lands along the Missouri river, who
find themselves unable now to perfect
titles to their farms.
Title to Surface.
Congressman Marshalps bill pro-
vides that the government may give
title to the surface of the Lands, with
out giving title to the coal deposits
underneath. 1t says specifically, as to
those cases where settlers are now
trying to make final proof: g No pat
ent hereafter issued under any public
land laws other than the coal land
laws shall be construed to convey
I any right or title to any coal deposit
in any land so patented.
5z The bill also provides that any pat
ent to the coal deposit in public lands
shall not give a right or title to the
surface of such lands. Ely
The land department finds itself
confronted with situation something
like this, /" said Mr.. Butler. There
4 are now pending before the general
land Office approximately 5000 home.
G stead entries in support of which fin
al proof has been submitted and it
may be conservativeIy estimated that
an equal number of homestead en-
tries where proof has not been made
3 embrace lands that have been class
8ified by the United States geological
survey as coal lands. rs
On intervening Spaces.
As an instance of this character
the coal fields of North Dakota may
be cited, which to great extent un.
derlie a practically level or gently
undulating plain Of great fertility. In
the North Dakota coal fields, there
are many localities where mines have
been opened up showing a vein oi
good Ignite coal six or eight Or ter
fleet in thickness These mines fre
quentIy are located on lands from
eight to sixteen miles from the Mis-.
souri, river and the veins of coal have
4 not been opened between such mines
and the river. The government geo
logists who have made examinations
of these lands have not been com
PEELED. however, to classify all the in
teryening lands between such mine,
and the river as coal lands for Tho
rason that the vein of coal is visible
again in the bank Of the river.
This Intervening space Of from
four to sixteen miles in width, is al
most entirely occupied BY settlers
who have made entry for the land al
homestead. Many Of these homestead
ers have resided upon their farms fol
Il from five to seven years; have bull
comfortable homes and made i'm.
proVements Of a value from $1,000 te
$4,000 with a view of obtaining title
to the lands under the homestead law
The settlers have gone upon the
lands innocent1y, without intention 81
violating the law, after having per.
formed all that the government re-
quires OF them under the homestead
law. the government has found itself
unable to protect them In their rights
to their improvements. There ID no