American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1910-01-15


ceived through this canal system.
mention these facts to show that the |
settlers under this canal system have
shown the utmost good faith and dill
igence in complying with all require
ments of both federal and state laws;
the regulations of the Interior depart
ment, and of the General Land Office
as we'll as the rules and regulations of
the State Land Board of Idaho.
Sec. 1923 Of the Revised Codes of
Idaho, the same being part of the So
called ''Carey Law" provides among
other things that:
when the works designed for the
irrigation of lands under the provision
of this Chapter shall be so far completed
as to actually furnish an ample supply
of water in substantial ditch or canal,
to reclaim any particular tract or tracts
of said lands, the State of Idaho shall, |
through the State Board of Land Com
missieners, make proof of such facts,
and shall apply for a patent to such
lands in a manner provided in the regu-
lations of the Department of the In
terror Again in the same Chapter
referred to it is provided: THAT when
proof of residence, reclamation and cul-
tivation has been made by the settler,
and said proofs accepted by the State
Land Board, and a final certificate
therefor issued by it, the settler is
thereupon entitled to patent to his
land"
Notwithstanding all the foregoing
facts and the further fact that the
State for period of about three years,
has been issuing to settlers under this
canal system, who have submitted their
final proofs, a certificate that the set
tier has complied with all the require
ments of law and the demands made
upon him by the rules of the State
Land Board with regard to settlement,
reclamation, etc., of such lands; and
the further fact that the statute above
quoted requires the State Land Board
to apply to the United States for patents
when such proof has been submitted
and accepted. This law referred to is
mandatory upon the Board and not
discretionary.
The attention of the State Land
Board has been directed to this matter
and requests have been frequently made
of the Board, asking it to secure these
patents, and more than six months ago
| was advised by the Register of the
Land Board that application for patents
had been made by the State to the
United States for all lands upon which
final proofs had been made up to that
date. But | was advised officially by
the local Land Office at Blackfoot about
ten days ago that no steps whatever
had been taken in the matter so far as
the records of that office showed. The
step first taken by the Land Board in
securing patents, is to file list of the
lands for which patents are desired with
the local Land Office at Blackfoot. This
step has not yet been taken.
The recent notice served upon the
State by the Government indicates that
unless the settlers take some steps
to protect their interests the Govern
ment is liable to remain in ignorance of
the fact that a greater part of these
lands have been settled upon and re-
claimed by actual settlers in accordance
and in compliance with the existing
laws and regulations heretofore men
toned, and without knowing the facts
the Government may issue an order
vacating the segregation of these lands
and throw the same open for entry.
under the other existing Federal Land
Laws. This procedure, of course, would
entail serious loss and inconvenience to
the settler in protecting and maintain
ing his rights.
|, therefore, suggest that public
meeting be held at the Aberdeen school
house at 1920 o'clock a. m. on Saturday,
January %, 1910, for the purpose of
having the settlers take such action as
they may deem necessary and proper to
bring the entire matter before the In
terror Department, and formulating a
protest against the forfeiture of any of
their rights by virtue of the failure of
the State Land Board to take the
necessary steps to protect the interests
of the settler. The State Land Board
is the only authority recognized by the
law in such case.
Very truly yours,
JOHN r. FOJLKS.