Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1910-08-27
HOMESTEARERS' RIGHTS
PRESERVED TO THEM.

HOMESTEARERS' RIGHTS
PRESERVED TO THEM.
CONGRESSMAN e. w. Martin re-
turned yesterday from Huron where
he was engaged in a conference rela-
tive to the adjustment of objection
able conditions connected with the
filing and proving up on homesteads
in sections of country in South and
North Dakota, embraced in the Lem
mon land office district. Besides
Mr.. Martin, there were present at the
conference United States Senator'S
Robert ]. Gamble, and Coe /. Craw-
ford, Governor John burke of North
Dakota, Governor r. s. Vessey of
South Dakota, P. D. Norton OF Het-
finger, N. D., delegate from the North
Dakota Commercial and Homestead
Club, and Logan Berry Of Lennon,
delegate from the South Dakota Com
mercial and Homestead Clubs.
The conference was called to take
action on a recent order Of the inte-
rior department, which withdrew for
classification certain lands in the
Lennon district, removing them
from homesteading until such time as
II had been determined whether or
not they contained deposits OF coal.
A statement of the case and the rec
concentrations Of the members Of the
conference, are embodied in the COM
munication, directed to the interior
department at Washington, which Is
published below. Immediately on
receipt of this communication, the
department took cognizance OF the
existing conditions and acted favor
ably on the recommendations offered.
This permits those who have taken
up homesteads in the designated dis
trict to proceed with their process OF
proving up, they being given the
right to acquire title to the surface,
while the right to the coal remains in
the government, II such mineral Is
found to be there. The text OF the
communication of the conference to
the interior department, is as fol-
lows:
Huron, s. D., Aug. IL, 1910.
Hon. Frank Pierce,
Acting Secretary of the Interior,
Washington, D. G.
Sir: We have today been in con-
ference in the city Of Huron upon the
urgent request of seventeen CONNER
cial and Homestead clubs Of the Lem
mon Land District in North Dakota
and South Dakota to consider the
serious nature OF the situation in
which the homesteaders are placed
in that district in part as the result
of the recent order of the department
of date July 81, 1910 and executive
order of July 7th, Withdrawing from
entry, sale and disposal, certain lands
in said district and other districts
similarly situated. The situation
from the standpoint Of the home
steaders is really critical. Drouths
have prevailed during the present
season, resulting in widespread crop
failure, causing many more settlers
than otherwise would have done SO,
to offer commutation proof in order
to obtain prompt title to their lands.
Action upon several hundred Of such
proofs has been delayed heretofore
in the department and now, since the
promulgation of the executive order
referred to, the local land officers
have adopted the practice Of suspend
ing all homestead filings and proofs
until definite instructions should be
issued by the Interior Department as
to the scope and effect Of the orders
referred to.
We have considered the various
Acts of Congress and the said orders
with great care and as a result make
the following suggestions and recon-
mendations:
1. That neither the order of with
drawal, nor the law under which 1t is
made impairs the rights of bona fide
homestead settlers. Such settlers
have full right to make Communication
proof and entry and to receive patent
promptly, unless their lands are
classed as coal lands or are protested
as containing coal, in which case they
can accept patent reserving the
coal to the United States or can have
opportunity to disprove the allega-
tions Of the coal character of their
lands and insist upon patent with
out reservation.
2. That lands embraced in law
full homesteads initiated prior to the
date of the order of withdrawal are
expressly excepted from the force and