Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-11-09
STOP STATE FROM
ELINQUISHING
Marble Creek Settlers May Lose
Land BY Injunction
Proceedings.


lican and democratic parties there Is
mnch conjecture as to the possible
effect Of suit for a writ Of iniune-
ton to restrain the state land board
from relinQuishing Marble creek
homestead lands to settlers, should
the restraining order be granted By
the courts, and a decision handed
down holding that the state Is with
out authority to relinquish lands ad-
Judged to belong to It by the interior
department. says the Idaho States
man.
In former campaigns the contro-
versy involving these claims has had
an effect on the political situation in
north Idaho, both in the Morrison
and Gooding campaigns, and declaF-
atIons have been made in state con-
ventions that party nominees would
be defeated n the state did not dis
miss Its contest, which was at that
time pending before the general land
once. and which was eventually de-
cided upon an appeal to the secre-
tary OF the interior in the states
favor.
Given UP Hope.
The Marble creek settlers had In
the summer Of 1908 almost given up
hope. which was rekindied by the
showalter proposition, given public
lty during the recent session of the
legislature, and which proposed that
each entryman pay him a certain sum
to be used In securing the reIInquish-
ment Of these lands by the state. In
this letter he called attention to the
fact that he had succeeded, through
prominent men. In securing the in
sertion OF a plank In the platforms
OF both parties pledging the members
OF the Legislature to enact such res
oIution.
The publication OF the ShOwalter
letter at the time the enactment
was pending, caused a sensation and
resulted in organized opposition to
the measure which was, however, a.
nally enacted, providing for the APP
pointment of commission to visit
the lands, take testimony and make
recommendation to the state land
board and further providing, "the
board shall relinqulsh ali tracts with
respect to which REIMBURSEMENT shall
be recommended.
Commission Completes Work.
The commission. composed OF State
Land Commissioner George A. Day.
Senator A. l.. Frehafer OF Washing
ton county and Representative A. nj.
Bower Of Blaine county. completed
Its work with the exception OF the
adoption Of It's ANAL report. Septem-
Der 10. Another meeting of the com
mission will. It is stated. be held in
Boise about November 90 and the
recommendation flled with the state
land board. simultaneously an ac-
ton to test the legality OF the pro-
eeedlngs authorized by the resolu-
ton,
The land involved comprises
large part Of two townships OF the
most valuable timber In the state.
and Ii estimated to be worth 81
100000. The selection was made
under preference right secured by
the state through Its having applied
for survey. and was contested by
settlers. who alleged that they had
gone to the land In good faith, after
examining the records OF the once
OF the Occur d'Alene land once.
where the register and receiver had
failed to make note OF the states
application for withdrawal and set
Element had been made by them as
squatters between the date OF the
application for. survey and the date
OF selection.
Right to Lands.
The right to the lands was fought
out before the commissioner OF the
general land once and the secretary
OF the Interior. the states right to
the lands being afnrmed.
Discouraged by the outcome OF
their contest, after seven years Of
residence on the land, the settlers
readily grRsped at the showalter
proposition and contributed funds In
nnNl effort to obtain title to claims,
any one OF which 10 worth a small
fortune, all prospects OF which had
apparently been blasted by the action
Of the federal government.
The settlers. It Is admitted, even
BY the parties who propose TO bring
the nnlf IN aninln lhn 49,. l.a