Omaha daily bee., 1910-08-14
DAEOTANSFOR QUICK ACTION
Governors and Officials Of Two States
Act on Land Withdrawals.
URGE HASTE BY DEPARTMENT
Seek 60 Permit Issuance of Patents
60 Bona Eide settlers, with
Reservation of Coal Lands
Delay Called Unjust.


HURON, s. D.. Aug. 1S.-(specfal Tele-
gram --Among. those attending the con-
ference here to discuss recommendations
to the president and Secretary Ballnger
for a modification OF the rules governing
an order Withdrawing from homestead en-
try certain lands in Perkins and Harding
counties, claimed to be undertake with lig
mite coal. was Governor vessey. United
States Senators Crawford and Gamble,
Congressman Martin. Governor Burke OF
North Dakota, Logan Berry OF Lennon
and d. p. Norton Of Hettinger. The con-
ference resulted in sending to washington
last night Governor vessey, d. P. Norton
and Logan Berry with the following rec
concentrations:
I'VE have today been in conference In
the city OF Huron upon the urgent request
Of seventeen commercial and homestead
clubs Of the Lennon land district in North
Dakota and South Dakota to consider the
serious nature of the situation In which
the homesteaders are placed In that dis
triot, In part, as the result of the recent
order OF the department of date July 81,
1910 and executive order of July Z, with
drawing from entry sale and disposal GER
tain lands in said district and other dis
tricts similarly situated The situation
from the standpoint Of the homesteaders is
really critical Drouths have prevailed
during the present season, resulting in
widespread crop failure, causing many
more settlers than otherwise would have
done 80 to offer Communication proof in or
der to obtain proof title to their lands.
Action upon several hundred OF such proofs
had been delayed heretofore in the depart
ment and now, since the PRONUNCIATION Of
the executive order referred to, the local
land officers have adopted the practice Of
lsuspending 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.
I'VE have considered the various acts Of
congress and the said order with great care
and as a result make the following sugges-
tons and recommendations:
First, 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 proofs and entry and
to receive patents promptly, unless their
lands arc classed as coal lands or are pro-
tested as containing coal, In which case
they can accept patent reserving the
coal to the United States or can have OPP
portunity to disprove the allegations of
the coal character Of their lands and insist
upon a patent without reservation.
Second, that lands embraced in lawful
homesteads initiated prior to the date Of
tho order Of withdrawal are expressly ex-
cepted from the force and effect of the
withdrawal order by the terms Of the con-
servation act of June %. 1910. and are In
no way affected thereby that there is no
90 ha eli m
of action on Communication proofs upon
homesteads, but, they should pass promptly
to approval and certificate of final entry
unless tainted by fraud or other irregu-
larity. $50
Third, that It is manifestIy unjust to
bona-fide homesteaders to suspend action
on their homestead proofs II they are will
ing 20 accept the limited patent with coal
reservation, as provided In the act OF June
%. 1910. 1t is also unjust to delay indefi-
nitely on final proofs protested for alleged
coal character Of the lands. Hearings should
be provided promptly in such cases in order
that the nature OF the patent in each case
may be ascertained with the least possible
delay.
Fourth, that ali final or Communication
homestead proofs, where protests have been
made solely on the ground that the land
contains coal and the homestead settlers
have filed consent to accept title with coal
reservation should be released Immediately
from suspension and be passed for examina-
ton and approval for patent. As there are
several hundred cases of this character
said to be under suspension, we earnestly
suggest that this recommendation be spe-
cially considered for immediate action.
Fifth, we recommend also that the
classification. contemplated by the presi-
dents withdrawal order of July Z, 1910,
should be made with all possible speed and
that an adequate force for this purpose
should be put into the field Immediately.
Very Respectfully
JOHN BURKE,
Governor Of the state OF North Dakota.
''R. S. Wesley,
Governor of the State of South Dakota
ROBERT ]. GAMBLE,
Omitted States Senator. South Dakota.
as &C. l. GRAVEYARD,
! limited States Senator. South Dakota.
I' "EBEN w. MARTIN,
Representative South Dakota.
up. d. NORTON,
Delegate Commercial and Homestead
| clubs, North Dakota
LOGAN BARRY.
Delegate Commercial and Homestead
clubs, South Dakota"