The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1909-02-12

m force at the time Of such d;s
posal. hut no person shall enter
upon said lands to prospect for
or mine and remove coal there
from without previous consent 6f
the owner under such patent, ex-
cept upon such conditions as TO
security for and payment Of all
damages to such owner caused
thereby as may be determined by
a court Of competent Jurisdiction:
Provided, That the owner under
such patent shall have the right
j to mine coal for use on the land
for domestic purposes prior to
the disposal by the United states
Of the coal deposit: Provided
further, That nothing herein con-
tanned shall be held to affect or
abridge the right Of any locator,
selector or entryman to q hearing
for the purpose Of determining
the character of the land locat-
ed, selected, or entered by him,
and to a patent without reserya-
ton If the land shall be deter
mined not to be chiefly valuable
for coal, or to abridge or-deny
the right # any entryman who
has earned a title to the land
covered by his entry to a patent
without reservation.
Accompanying the report Of the
committee on public lands is a sun
Elementary statement by Mr.. Gronna,
who says: a.
SHOULD the interior department
continue, as it has in the recent past
been doing, to challenge practically
every entry made in regions contain
ing coal, without regard to the char
acter of the coal, as covering coal
land, and compel the entryman to
stand the expense Of a hearing or
lose his land, and should congress re.
fuse to come to the aid Of such en-.
tryman in regions where the coal ia
in thin veins and of inferior quality,
then such legislation as that herein
proposed is necessary. / fully realize
that it does not take from the entry
man anything that he now has, but
gives him an opportunity to escape
the expense and trouble of a hearing,
If he is willing to accept a patent
with a reservation as the price of
such relief, and that it also gives the
entryman, who did demand a hearing
at which the government proved its
contention, an opportunity to secure
a title to his land and everything that
it may contain except the coal, with
a right to use such coal as he needs
on his land until the deposit is dis
posed of by the government.
GAS matters now stand he would
lose everything in case Of an adverse
decision, and it must be remembered
that the final decision in the matter
Is made by g%ovtrnment officials. The
entryman has no court. to which he
can go to present his case, but must
accept the Judgment of the register
and receiver, Of the commissioner of
the general land office, and Of the
secretary Of the interior, and there is
no knowing on what slight proof,
both as to the existence Of coal ia
the land and as to It's value, the
agents of the department may decide
that the land is. valuable for coal.
"Iamnot yet willing to believe, how.
ever, that it may not be possible to
relieve the entrymen, in my state At.
least. Of the very unfortunate posi-
ton In which they find themselves. I
believe the secretary of the interior
has authority to hold. and that he
ought to hold, that the low-grade lig-
mites in North Dakota do not place.
the lands Of that state in the cate
CORY OF coal lands, but that. their
greater value being for agricultural
purposes, they should be patented as
agricultural. lands. If the secretary
is not disposed to do this, then I be-
lieve that congress should declare
that the lands Of North Dakota are
agricultural lands and should be so
patented. I believe that we should
enact legislation such as Is proposed
In my bill: Az = sHs
RE It enacted. etc. That where 8
public lands n the state u North.
Dakots have been entered, IN
good faith for agricultural pur-
poses. under. the homestead laws
Of the United States, and where
full compIance with the require
lnents Of the Homestead Law k
shown, final proof Of suca entry
shall. when made In compliance
Of Law. be accepted at the local
: land sofices, and the secretary Of
the interior shall be required to
z issue patents for such. lands. not