Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-02-22
LAND CASE TO
u. S. COURTS
Settlers to Continue the Fight for
Timber Lands

From reports emanating from Mos
COW and elsewhere. and sentiments
expressed In this vicinity by those
concerned. II is evident that the 46
settlers who were affected by the de-
eision Of Secretary Garfield in the
case OF Stephen Thorpe VI. the state
OF Idaho. are determined to prosecute
their cases in the federal courts. and
carry them to the highest tribunal In
that branch II necessary.
The attorneys for the settlers. At
least some of them. were in posses
sion OF information some time ago
which led them to anticipate that the
secretary's decision would be adverse
to the settlers. and TO them II did
not come altogether in the character
of a surprise, The attorneys had
from time TO time. in anticipation or
a decision adverse to them. consulted
with their clients as to taking the
cases into the federal courts. and the
sentiment then among them was fa-
yorable In that direction, and a can
vass OF the situation now indicates
that this sentiment on their part has
grown instead of decreased. and un-
less something Unforeseen transplreE
II is almost certain that the questions
ruled upon by the secretary OF the
interior will be submitted to the fed
eral courts for adjudication.
Since the decision was made lead
ers among the settlers have consulted
with those interested and tho unan-
imous decision seems TO be that there
is sufficient involved To warrant them
taking the matter to the highest tri-
bunal In the land for a decision. The
claims are situated in the Marble
creek country and are valuable for
the timber contained on them, rang
Ing from $4,000 10 $4,000 each.
Many OF the claims are highly Inn
proved. having on them improvements
10 the extent OF $4,000. and. taking
into consideration the value OF the
lands In their aggregate. they are well
worth the legal battle contemplated
by the settlers.
The attorneys representing the set.
tiers believe that the chances of the
settlers TO win in the federal courts
are good. They feel that when the
questions ruled upon by the secretary
Of the interior are submitted to a
court OF law an entirely different
ruling will be made The position Ii
taken by the attorneys that the sec.
retary's decision that the Wallace
State Tribune was the legal paper in
which TO publish the states adver.
tisement is not a correct interpreta.
ton Of the Law. and that his interpre.
tation OF the fact that the failure OF
the commissioner TO notify the loeal
officers Of the withdrawal Of the land
In favor of the state should not oper,
ate 10 the prejudice OF the state, q,
they had complied as fully ~ they
could IN all things. Is not a good dec
laration of the Law on the subject
They feel II this beneficent ruling Of
the commissioner il the law that 4
should be made broad enough ts
cover the rights OF the settlers. and
they should not either be prejudicet
by their failure upon the part OF tht
secretary 10 comply with the rules
and regulations OF the department
They also contend. in spite OF the de
eision rendered By the secretary OF
the point. that the state had not th'
right TO reliBquish ifs right TO sec
tions 16 and 5e In the Occur d'Alen,
Indian reservation and select liet
lands elsewhere. and cite In supper
OF their contention q certain section
contained In the Idaho laws. whIcl
they eonstrne 70 forbid t.
The attorneys have made a careful
Investigation OF the facts enterini
Into the cases and the Law applicable
TO them. and feel that there IL muci
TO encourage them IN expecting q re
versai OF OF the seeretaFy's decision
By the federal court.
j