The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1909-02-11
Marshall Would
Help the Homesteader
Congressman Would Like to See the Government Carry
Out Its Agreement With the iHomesteader Who Has
Been Put to Untold Annoyance, Worry and Expense

| tirely but could retain title to the
surface.
! 1. have always believed that the
government land should have been
classified before instead Of after
entry and say emphatically that the
government is wholly to blame for
permitting, and even encouraging
filings on land that contain coal,
and, having permitted such filings, it
Is working untold damage to our
homes esteaders TO refuse them "a full
patent. I stated plainly before the
| committee that, in view of the fact
that the government had permitted
these filings and of the utmost good
faith Of the entrymen, the home
steaders ought to be given full pat
ents and have introduced a bill pro-
viding for that, (which is worded as
follows:
BE 1T enacted, ETC., That Wherever
an entry has been made in good faith
on lands In North Dakota subject to
homestead entry which were after
wards classified as containing coal,
such entry shall be deemed valid,
and upon proof of full compliance
with the homestead laws as residence
and improvements a full patent shall
be issued to such entryman.'
And shall make a strenuous fight
to secure a favorable report but there
ds serious opposition to such legisla-
ton because OF the fear of giving
away valuable coal deposits and the
opposition is made more serious by
the coal land frauds in other states.
The next best thing will be law
relieving the conditions as best we
can and conferring additional rights
and protection on the 1lomesteaders
but, under no circumstances, taking
away or albridging any rights they
now have.
Whether the new legislation Is
passed or not my advice to the home
steaders whose entries are held for
cancellation on account of being Of
coal character is to demand a hear
ing and fight hard. The homesteaders
should unite ana make test cases in
each neighborhood or township and
having proved that the coal Is Of no
commercial value in these cases the
others might fbe withdrawn by the
government or at any rate would be
more easily tried out. From my
knowledge OF the country, / believe
nearly an the cases can he cleared
up at hearing in favor of the home.
steaders, in which event, full patents
would issue in regular order, but in
the cases Of those entries where the
land Is proven to contain coal ol
commercial value, the entry would
ibe cancelled and the homesteader
lose his title and improvements un-
less something is done. The propos-
ed law would permit these entrymen
to secure surface title safe guarded
as fully as possible, provided they
nreferred that to no title at All
Under the decisions Of the supreme
court it seems quite possible that an
entryman, in good faith having
compiled with the homestead laws as
to residence and cultivation, could
compel patent to be issued to him,
coal Of no coal I certainly hope 80. Ifl
deemed advisable a test case should
be tried out promptly. would like
to see the government made to carry
put its agreements as weh az our
i homesteaders who have been outrag-
ed by the conditions and put to un-
told annoyance, worry and expense,
and my sympathy is all together with
them and shall do my utmost to
secure them full rights and prctec.
lion.
S0th Congress, End session, H. r.
s715O. In the Hou.e Of Represen-
satives, january 26, 1909. MIR. Mar
,haa introduced the following bill;
which was referred to the committee
m the public lands and ordered to
,e printed.
4 sill.
To provide for the issuance Of
patents in certain In
stances.