The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1909-04-09
Lessees Organization of 5000 Members Will
Not Wait Until Sale of School Lands Begin
to Institute Fight for Their Preference
Right Which They Claim We're GiUen
Thew by the Enabling Act Claim
They Can Kill Emergency
Feature.

Guthrie, Okla, April s. The school
land lessees committee selected to
come to Guthrie and make arrange
ments for the institution of legal pro
ceedmgs in Connection with Tie Sale Of
the school lands under Senate bin No.
!, have retained Judge John II Bur
ford OF Guthrie as their attorney They
submitted to Judge Burford a list of
questions upon which he viii give
legal opinion as to the best method of
instimtlng proceedings.
Judge Burford was not prepared to
state today in just what form. the suits
would originate, but be stated that
the lessees had determined to protect
their rights and would carry any suite
that they might bring to the supreme
court OF the United States IL neees-
sary 1t is the opinion of attorneys
that such proceedings would tie up
the sale OF the school lands for at
least a year
Some features Of the bin far leasing
the school lands as well as the bill
providing for their sale are objected
TO by the lessees. It is possible that
the first action may arise IN eonnee-
tion with the releasing of the school
lands under tho new leasing law The
lessses claim preference right to re-
lease all the lands they may now have
under lease Il me school land com
missioners should refuse to release
more than 60 acres of agricultural
land to any lessee a suit would prob
ably be instituted TO froee the com
missioners of the land office to renew
the lease on all the land previously
held under The preference tight proyis-
ions of the enabling act,
This might be done under an agree.
ment between the lessees and the
school land commissioners who ex.
press themselves as Inclined to give
the lessees all that they can under the
adverse provisions of the new law
Under such proceedings the prefer
ence right provision of the enabling
act and the constitution could be test
ed and passed upon by the courts in
advance of the time when the sale of
the school land is. scheduled to begin
under the law
Tae committee OF school land les
sees which met here claims to have
made the discovery that although the
bill for the leasing Of schol lands did
not carry the emergency as it passed
the house. it was approved by the
governor with the emergency clause
attached They claim that the house
journal shows that the emergency was
defea.ed in the house. If this can be
proven in the courts the emergency
to the leasing bill may be knocked
out.
Il is also claimed by the lessees
that at the time OF the passage Of the
bin fixing the rentals on the school
lands when they shall be released un.
der the new law at 4 per cent OF the
appraised value. the school land com
missioner had not approved the ap-
praisement that had previously been
made This gave the legislature no
criterion BY which to determine
what rental they were fixing on the
lands when the bill passed and leaves
Il still IN the hands of the school
land commissioners TO raise or lower
the individual appraisement made bg
the field appraisers
The Iessees claim that Senate bill
No ] which provides for the sale Of
the school lands has several progls.
ions that are unfair to the lessoes and
in contraventlon TO the terms Of the
enabling act One of these which the
lessees will attack IN the courts as
soon as a cause OF action arises who
holds a lease upon more than leo acres
Of land to relinquish any preference
right he may claim to purchase more
than 100 acres Of such land. The bin
provides that If he does not make such
REIMBURSEMENT the land shall not be
sold and that the rentals shall be rails
ed on the lessees holding from to
per cent Of the appraised value max