The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1909-02-11

Congres ssman Tom Marshall, in
speaking Of the legislation which is
intended to relieve those entrymen
who have filed homesteads On lands
which were afterwards classified by
the government as containing coal,
said:
"There seems to be great confusion
and misunderstanding surrounding
this whole question. When large
tracts in North Dakota were set by
the geological survey as being pos
stbly within the coal belt, the com'
missioner of the General Land office
stopped the issuance Of all receipts
and patents until each claim could be
examined by coal land inspector. !
urged upon the department the great
Importance Of having an adequate
number of coal land inspectors as
signed to North Dakota in order tnat
the lands might be examined without
delay and the proofs put thru. Inc ae
nartment acceeded to the request and
a force was put in the field and the
examinations were brought practical.
J., dnwn to date before the cold wea1h
er The coal land inspectors report
= ",o coa;" in a large percentage OF
cases and those entries WIFI 60 10
natent in the regular way and are IN
mo way affected by the proposed ies
islation, but in many cases the ~.
enectors reported the land as Oh
.oa, character" 1t is well knoWn
that under the law homestead entries
are intended to be confident 70 lanos
.u,hich are chiefly valuable for asr''
c,,r+nre and the entryman makes,
what is known as a "non-minef a. T
affidavit within filing.
This then is the condition: Inc
coal land inspector having eepos'eo
cor+ain homesteads as coal IN cna1-
octer. the department holds the en-
tries for cancellation The entry
man is entitled to a hearing "ne1e
na can bring in evidence to proTe
IN that there is no coal OF commercial
,r,,ua underlying his ciainn, in wnlch
case he will get full patent, put IA
the event, at the hearing, MS lano
uae sou,nd to %lbe of coal character MS
entry would certainly he canceheo.
And these and only these are the
cases thaa I am concerned about and
the only cases that Will be affected
IN any degree, by the proposed ne~
legislation.
The original bill that l introduced
v,as crude in form and intended, as
was announced at the time, only TO
open up the subject before the COM
mfttee and It has, at no time, been
my idea to either take away or
abridse any Of the rights home.
steader now has, and the only meas
ure that has been called up or con-
sidered by the COMMITTEES Is the
Mondell biai which, ii a general way,
embodies their views. Under this
proposed legislation, in cases where
lands had been declared as OF coaa
character the entryman would have
precisely the same right he has now
to a hearing in order to determine
IL the coal, AZ any, IS OF commercial
value or not. II, at the hearing,
decision, is rendered In favor OF the
entryman he would be granted full
patent exactly the same as under the
present law, but in cases where the
hand was held to be Of coal character
he could II desired, secure patent
to the surface which would carry with
It the preference right to buy the
coal, the right 20 mine It for domestic
purposes and the right to collect
damages caused BY prospecting OF
mining coal on his land, etc, etc.
Some people who felt certain there
was no coal on their land might pre-
fer to take patent to the surface
rather than ITO 60 to the expense and
trouble OF q hearing but they would
be, In no wise, compelled to do 50.
In fact. they would be in the same
position as they were before the pas
sage of the legislation except they
would he given additional privileges
and protection whereby, in NO event,
could they lose their hometsead en-