Semi-weekly herald., 1910-01-24
flcation prevails, settlers in thI. re-

inRs, the expense Is very great upon
the applicant or entryman, for he has
to pay not only his attorneys and wit
nesses and their expenses, but he must
also pay into the land office fee OF
testimony submitted by his witnesses
on direct examination by his own at.
torney and on cross-eYamination by
the representative of the government.
and this fee ranges from $50 to $3.50
and sometimes more. according to the
length of the testimony. and that thIs
expense practically prohibits many en-.
trymen from attempting to assert their
rights when assailed by the govern
ment
Twelfth. That the procedure In the
land office is slow and cumbersome,
and cases drag along for great lengths
of time before decision Is reached
and in some instances an ultimate de-
cision Is not reached for from six
to ten years after the case Is started.
and In ordinary cases delays occur
which are practical denial OF JUS
tice. and this delay often Is In effect
coercion of the entryman to aban.
don his rights.
Relieving that under these circum-
stances some action should be taken to
bring to the knowledge of the higher
officials the conditions existing
brought about by the peculiar proceed
ure in the land department we would
recommend:
First. That a campaign of publicity
should be started at once and that
organizations similar to this In the
public land states should be invited to
cooperate with US to that end, and II
possible secure n write up of these
grievances in some magazine, that the
PEOPLE of the United States may know
The facts
Second. That the attention OF the
secretary of the interior be called to
these conditions, and that he be re.
quested TO suspend all hearings now
pending or to be instituted until the
procedure under which they are tried
be Investigated and renedied
Third That n law he passed by
| congress allowing agricultural entries
of lands classified as coal. If the appli
| cant desires to waive right to any
| coal that may be discovered therein
Fourth. That special land court
be established with exclusive original
| jurisdiction over all contested cases
i .rtu IN, hA
| sisting of judges appointed for their
| learning In the law and upright char
actcr. who shall hear impartially and
determine justly the various contro-
versies now tried before the land de-
pariment, with proper provisions for
appeal to the circuit court of appeals
and the supreme court.
| Fifth. That n committee be sent to
Washington to present to the presi.
dent, the secretary of the interior and
the joint committee of congress which
is 10 investigate the department OF the
| interior and the forest service, these
facts that our grievances may be
known and that they may be Induced
to take such action as may bring re-
lief from these intolerable conditions.
Then followed lengthy discussion In.
dulged in by Blair Burwell, Dr. Nc
], w. Wingate. w. T. Darlington. A.
l. Fisher. Mr.. Hoagland, Judge Glenn.
ents, Matt Harrington and others.
The iniquitous system In vogue at
the present time and the hardshlps i'm.
posed upon entrymen and bona fide
homeseekers was thoroughly gone into.
The special land agents" came In for
their share of attention, many OF the
agents declaring land underlaid with
coal when not within fifteen miles OF
coal mines or surface indications.
There was no objection to the general
policy of the government in the mat
ter Of conservation but objection is
concerning departmental rulings, and
the withdrawal of hundreds OF thou.
sands of acres of land from entry
when no known coal exists. although
entrymen would be willing to wave
right to coal and other minerals.
The resolutions. when finally put to
n vote, carried unanimously. Then
the question came up regarding send
ing committee to Washington and 1t
was decided that B. w. Ritter, Richard
McCloud and F.. C. Perkins, all having
served as registers of the land office
and therefore thoroughly familiar with
the workings. should be sent to Wash
ington to present the matter to the
house and senate committees on pub
lie lands and also the interior depart.
ment, and the chair was authorized to
appoint a committee to arrange the
necessary expense. one man having
promised 800 and more If necessary,
The chair win announce this com.
mttee later.
1t was also voted TO send the report
to newspapers throughout the state
with request to publish and for those
Interested to take similar action, the