The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1909-02-19
COAL LANDS
Bill to Allow Settlers on Coal
Lands to Secure Title to
Surface only.

Washington. d. c.. Feb. IS. 90
The embarrassments inflicted on settlers
who have made homestead entries on wha,
is commonly termed coal belts" and sup.
posed to be mineral in tho mater o. pro.
curing title TO their lands have been the
subject Of much discussion in the Public
Land Committees OF both branches Of Con-
gress. Several measures, local in applica.
tion have been introduced. and one measure
general in the application has been favor
ably reported from the Committee on Pub.
lie Lands Of the House. This measure pro-
vides for granting the only surface rights
on the land embraced within an entry to the
settler. and that coal deposits in such lands
shall be subject to disposal by the United
States in accordance with the provision OF
the ccal land laws in force at the time Of
such disposal. Judging from the temper
in which the proposed legislation is received
by Western representatives, generally, there
appears 10 he no likelihood Of the measure
being passed during this Congress.
Sentor Carter. Of Montana, when asked
for his views in regard to the proposed leg
islation, said,
II view with deep regret the beginning
Of policy which will bring confusion to
all out titles by creating TWO kinds Of estates
in lands. to~it. surface right to be vested
in one person. and right below the sur
face to be vested in another. This would
entail upon postority untold misery and
limitless burden Of litigation and according
to my view there is no excuse or justifica-
tion for such policy as applied to land
merely suspected OF containing beds OF lig-
mite coal underneath the surface. Where
coal Is known to exist, the land should be
sold as coal land and good title given to
the purchaser. and where coal is not
known to exist and agricultural ia charac-
ter our children and their children should
not be compelled 10 face the spectre of
litigation and trouble such as unsettled
and indefinite title always brings to a
country and = people
The great practical work Of developing
the West and building up homes there has
been greatly retarded and interfered with |
by the instruction Of theories and the an |
plication Il policies which generally results
IN giving fat Offices to impractical. il high |
iy educated gentlemen. II the settlers
aud the country can be let alone. the laws
on the Statute books fairly enforced. we
will get along Infinitely better in the Wes,
than II compelled to proceed under the guild.
ance OF Bureaus. Commissioners, experts
and special agents. l am eternally opposed
10 tnis idea that the American farmer
needs guardian. He needs opportunity
and should be let along to prosecute his in
dustrious life unhampered by constant in
terference from public officers.
Senator Dixon. when asked for his views
the proposed measure was in
elined to express favorable opinion OF the
bill. II provides for protection Of rights
OF surface entrymen in that nothing con-
tanned in the bill shall be held to affect or
abridge the right Of any locator. selector
or ennymen to = hearing for the purrns~
OF determining the character Of the land
located. selected or entered by him. and 10
a patent without reservation II the land
shall be determined not to be chiefly val
liable for coal, or to abridge or deny the
right Of any entryman Who has earned |
title to the land covered by his entry to a |
patent without reservation
THOMAS v. SULLIVAN,
5oo Seventh Street N. w,
Washingtcn. D. c.