Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-01-31
THE CLOUD UPON THE TITLE OF
THE hoMEsTEADER.

THE CLOUD UPON THE TITLE OF
THE HoMEsTEADER.
The conservation of our forests, the
retention, by the government, of the
unappropriated fuel deposits of the
country and the control of our water
ways and irrigation enterprises is the
fixed policy of our government, backed
by the popular sentiment of our peo-
pie. There are, however, matters of
detail and private rights of citizens that
must receive just and proper attention.
Three years ago, at the instance of
the president and under the direction
Of the geological survey department the
vast fields of Ignite coal deposits in
North Dakota were hastily explored
and as result many townships, COM
prising thousands of acres in the west
ern part of North Dakota were with
drawn from settlement and in case of
prior settlement final proofs of home
steaders have been held up awaiting a
more thorough investigation to deter
mine if the lands really contain valuable
coal deposits. This has worked great
hardship to many settlers on lands in
the western part of the state underlaid
with Ignite coal. A workable vein of
coal is one thing and a small vein or
outcropping is quite another PROPOSE
ton. Under the delay of the depart
ment, handicapped by lack of funds
from congress, but little progress has
been made in the way of clearing up
these townships that have been with
drawn from settlement. A. = q Ct
Congressman Marshall thought to
bring about some relief to the settlers
IN the coal belt by his bill to confirm
their title to the surface of the lands,
leaving the title to the lower regions
the coal deposits, if any-to the govern
ment. That this would work hard
ship on many settlers is apparent as
there would be cloud upon the title Of
the land, even though workable vein
of coal did not exist on the land. Thus
the opposition to the Marshall BILL
Senator McCumber's bill aims to con-
firm the title to those settlers who have,
bona hde and without previous knowl-
edge Of coal deposits, established resi-
dence on Missouri slope lands and
whose proofs, thousands Of them are
now held up. Mr.. McC umber's bill, on
which he made extended remarks in the
senate, reads as follows: III" ri
:s~ Be it enacted by the senate and
house of representatives of the
United States of America in con-
y gress assembled, that where public .
lands in the state of North Dakota
have been heretofore, are now, or ;
hereafter shall be, open to settle
ment under the homestead laws of
the United States, and homestead
entry made thereon and final proof
Of residence and improvements on
the land entered by the entrymen .
made to the local land office, as re-
! quired by law, to secure title to-
( agricultural lands, such final proof
/ shall be received and accepted by =
the local land Office, and the sec
i rotary of the interior shall there.
= upon issue patents to the entrymen,
notwithstanding the fact that the
land embraced within the entry may :.
N contain Ignite coal. 4 =
Those who are familiar with the con-
ditions in the western part Of the state
know that while practically the whole
region is underlaid with stratas Of coal,
only limited number Of workable veins
are found thus far on lands disposed of
By the government. l. .,s,.,,. 81 z... ii
n While it is well to conserve the nat.
nral resources of the country and retain
for the benefit of the people, the undis-3
posed Of fuel deposits, it is an injustice
TO innocent settlers on these prairies to.
cloud the titles to their lands unneces-:
sarily, as would be the case III nine ont
Of ten cases under the Marshall bill, :
and YET that measure would be an i'm,
ON the present do-nothing
policy 81 the government. N
The government, By its action i,
vast areas Of lands in the
western part of the state viii have Sc
:,,red ID Ire esning generations enough
.oai to satisfy tlle On wants for many,
many years without depriving the poe