Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-02-27
KERL OPPOSES
SETTLERS CLAIMS
Says That Resolution is In
Violation or State
Constitution


The passage OF the resolution
through the house Of the Idaho leg.
islature granting relief to the set
tiers Of shoshone county who claim
TO have been unjustly deprived Of
their lands through the decisions Of
the land ONCE called forth some
strenuous objections. Representa-
tive keri. OF Kootenai county, took
strong ground against the resolution.
When the resolution came up for dis
cussion 1t was moved by Evans To
take the document into the commit
tee OF the whole for discussion and
alterations. but this was voted down
almost unanimously. A motion for
the previous question put the resolu-
ton on fnal passage despite persls-
tent efforts OF Kerl TO gain recognl-
ton. He attempted three times TO
speak but was ruled out OF order By
the speakers gayel. Preceiving evil
IDENTITY that he was gagged by rules
OF procedure. he cried out that the
house was about to do something Il
would thereafter regret and that he
had something to say which It ought
TO know. Again he was ignored. and
the measure was placed on anal pas
sage and adopted BY a vote Of a ayes
and l nay.
Reconsideration PreVented.
Kerl cast his ballot in the afhrma-
tive in order that he might secure q
reconsideration, but before he could
do this, Morebeck had moved that
reconsideration be left on the table
and the motion was carried.
The KOotenai representative then
asked for 10 minutes In which to ex-
plain his attitude and upon motion
by Sheehan he was given a half hour.
Violation Of Consultation.
The legislature and the state land
board" he proclaimed. have sworn
TO support the constitution of the
state. which stipulates that no school
lands shall be sold for less than sic
an acre. These lands shall be held
in trust until such a time as disposed
Of at public auction. There is no
provision In the Law permitting a do
nation Of land. A title TO land Is not
between heaven and earth. II Is
either 10 the United States govern
ment or In the state. II It Is In the
former the settlers have no need to
come to US for relief; II in the latter.
we have no right TO give It away
Had Day In Court.
There Is a regular course OF pro-
cedure provided for the disposition
of such cases. These settlers
have had their day In court. in the
land Office and before the secretary
OF the interior. and they have failed
The Kootenai member then read
the records bearing upon the eontro-
yersy.
In law of two innocent parties he
who suffers is the one subsequent in
point o. time he continued. These
claimants located after the state had
segregated
1T has been said that the state can
take other lands In the Occur d'Alene
reservation in lieu OF these given TO
the settlers That is taking slght-uu-
seen. and such lands belong 20 the
Indians and will have to be paid for
state Stands to Lose.
Kerl then vent over the list Of
questions upon which the claims OF
the settlers were to be determined
and asserted that In every one OF
them the state had no other oppor-
tunity than 70 lose.
You might just as well vote them
the land and turn II over now with
out formality and expense" he said.
Charges GaVel Rule.
Il voted In the affirmative on this
bill because wanted a reconsidera-
tlou and / was preeluded by gavel
rule from that. ! do not want my
Fr~.sR-,,.a So, -. -