Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-12-02
MARBLE CREEK
CASE IN COURT
Suit Filed to Save State Land From
Political SpOiIsmen

States land Office. acting as an indi-
vidual and citizen, has filed an APP
plication in the supreme court for
writ Of prohibition to prevent the
state land board from giving away
public school lands in the Marble
creek country. shoshone county, val
ued at 100000 or $3.50. 900 in ac-
cordanee with the recommendation
OF the legislative commission made
public Monday.
The object of the suit is to de-
termine whether the state land board
has authority under any condition to
relinquish lands adjudged to belong
TO the state by the secretary of the
Interior department. According to
the contention of the attorneys for
the plaintiff the position OF the state
is that of trustee for the various ed
vocational institutions and the land
board has no more right to convey
this land to the settlers than person
acting as a trustee for another would
have to give away the property.
VIII Be Dangerous Precedent.
Should the right of the state land
board to relinquisa such lands be
affirmed 1t Is asserted a dangerous
precedent would be established in
that the safeguards of the education
al institutions would be removed and
there would be no check upon an Of
icial or set OF officials having corrupt
tendencies.
The writ will, If granted. extend
to the whole of the 1000 acres upon
which the legislative commission re-
ported favorably and recommended
for REIMBURSEMENT.
The plaintiff in che suit qualified
himself az a litigant with the state
ment that he Is an elector and tax
mayer. the head of a family and par
emit of children who are in attend
ance on the public schools. Cover
nor James H. Brady, Secretary of
State Robert Lansd0n, Attorney GEN
eral d. c. McDougall, State Super
ihtendent Of Public instruction S.
EelIe Chamberlain, members OF the
state land board, and M /. Church,
register in the land Office are named
as defendants.
A description of each tract rec
commended by the legislative COM
mission for relinqrishment Is given
in the application and the land de-
clared to be the property of and in
The immediate possession of the state.
In the recital OF the history of the
acquisition of title follows, review
ing the litigation in which the lands
had been involved before the land
courts. On March is, 1899. the gov
ernor of the state filed an applica-
tion from entry July ). 1901, sec
Oud application for survey was filed,
the application being published in
The Idaho State Tribune of Wallace.
The plats of survey were offieially
filed at the Occur d'Alene land ONCE
four years later to day. and on July
2. 1905. the state offered its indem-
nifty school lists of selection and 9TH
CT lists under federal grants made
at the time of the admission of Idaho
/ 70 statehood Thrzo s.-aro -ofooaad
by the register and receiver for the
reason that the selection conflicted
with certain homestead entries.
Went To Secretary of Interior.
The case was appealed to the COM
missioner of the general land ONCE.
who held that all homestead entries
based upon settlement after July 5.
1901. should be cancelled and the
states selection granted The entry
men appealed to the secretary of
the interior. who. In a decision hand
ed down June ~. 1903. affirmed the
findings OF the commissioner
The joint resolution passed by the
tenth session OF the legislature au-
thorizing the REIMBURSEMENT OF lands
to settlers is embraced in part in the
plaintiffs application. The plain
till alleges that this land is far more
valuable than any land the state Of
Idaho can nov OF hereafter select.
and the public land. open TO state
selection. Is nov limited by reason
Of the creation OF the forest re-
I serves.