The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1909-01-01
Final Proof Held Up

kota and other public land States are
in danger Of losing their homesteads
and all Improvements upon them, by
the withdrawal of the ignite coal
lands by the government and their
classification as mineral lands. Tim
othy J.. Butler OF the legal depart
ment Of the government land office,
in an address to the conservation con
ference here recently, declared that
the land departmnt has now fully
10000 cases before it in which home
steaders are unable to complete final
proof and receive patents to their
homesteads, because their farms have
been classified as coal lands.
Congressman Thomas F. Marshall
Of North Dakota put a bill into the
house last week to correct the situa-
ton, and give relief to these settlers
and it is believd this measure, if it
passes, will a V to the Dakota, Mon
tana, Wyoming and New Mexico set
tiers, their farms, although it will &C.
knowledge the governments owner
ship of the coal which may underlie
their property.
The Ignite coal fields have been
withdrawn from entry as public agri-
cultural lands as a result of the inves-
LEGATIONS made by the experts of the
geological survey. In many of the
most fertile agricultural sections Of
North Dakota, the experts found evil
dences of rich deposits of Ignite, and
the lands were Immediately classified
as coal lands. A homestead entry can
not be made on coal lands, and as a
result, there are many farmers who
have been developing the agriculture
al lands along the Missouri river, who
find themselves unable now to perfect
TITLES to their farms.
Title to Surface.
Congressman MarshalTs bill pro-
vides that the government may give
title to the surface of the lands, with
out giving title to the coal deposits
underneath. 1t says specifically, as to
those cases where settlers are now
trying TO make final proof: mo pat
ent hereafter issued under any public
land laws other than the coal land
laws shall be construed to convey
any right or title to any coal deposit
in any land so patented"
The bill also provides that any pat
ent to the coal deposit in public lands
shall not give a right or title to the
surface of such lands.
The land department. finds itself
confronted with a situation something
like this" said Mr.. Butler. There
are now pefding before the general
land Office approximately 5000 home
stead entries in support of which fin
>al proof has been submitted and it
may be conservatively estimated that
an equal number Of homestead en-
tries where proof has not been made
embrace lands that have been class
fled by the United States geological
survey as coal lands.
On Intervening Spaces.
"As an instance of this character,
the coal fields of North Dakota may
be cited, which to a great extent un-
derlie a practically level or gently
undulating plain of great fertility. In
+bo Mouth no1,o+, coal Colds +bo,o
are many localities where mines have
been opened >up showing a vein of
good Ignite coal six or eight or ten
feet in thickness. These mines fire.
quently are located on lands from
eight to sixteen miles from the Mis-
SQUIRT river and the veins of coal have
not been opened between such mines
and the river. The government geo
logists who have made examinations
of these lands have not been COM
PEELED, however, to classify all the in
tervening lands between such mines
and the river as coal lands for the
rason that the vein of coal is visible
in the bank of the river.
This intervening space of from
four to sixteen miles in width, is al
most entirely occupied by settlers,
who have made entry for the land as
homestead. Many Of these homestead.
ers have resided upon their farms for
from five to seven years; have built
comfortable h6mes and made i'm
provements Of value from $1,000 to
$4,000 with a view of obtaining title
to the lands under the homestead law.
1.-THE settlers have gone upon the J
lands %innocently, without intention of
violating the law. after having per-
formed all that the government re-
quires of them under the homestead
law, the government has found itself
unable to protect them in their rights
to their improvements. There is no
1rOvisinn Of Law whereby TITLE RI the