Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-08-17
TO PROTECT THE SETTLERS AS
WELL AS CONSERVE NAT.
URAL RESOURCES.

WELL AS CONSERVE NAT
URAL RESOURCES.
At the last session Of congress, late
In the session, two acts were passed
of great Importance to homesteaders
in the northwest. One was an act
to provide for agricultural entries on
coal lands, that is, to allow settlers
to accept surface title, reserving to
the government the right to prospect
and mine coal for the benefit of all
the people, etc. The other act was
one to authorize the president to make
Withdrawals of public lands pending
investigation to determine whether
the lands contained coal of prospec-
tive commercial value. These acts
we're administration measures and
supported by the North Dakota repre-
sentatives. Pursuant to the authority
in these acts, an executive order was
issued by President Taft, under date
of July 7th, withdrawing large areas
of lands in western North Dakota
from entry, or sale, pending investlga'
ton as to the value of the coal de-
posits, If any. This executive order
was sent out to the various United
States land offices in North Dakota
and it seems to have been differently
interpreted by the local officers. For
instance, the Bismarck officers con-
strued the order to mean that the
withdrawal did not apply to lands
previously entered and did not with
draw land from entry under the act
Of June %, 1910, which provides for
AGRICULTURAL entries on coal lands. In
the Lennon land district it seems
that the order was construed differ
emily and as a result great deal OF
misunderstanding has arisen as to
the rights of the settler.
Congressman Gronna, who had to do
with the acts in question, sends to the
Tribune the following copy of letter
sent to the register and receiver OF
the Lennon land office from the in
terror department. which in a meas
ure explains itself:
Department of the Interior,
General Land Office,
Washington, D. c.. Aug. 8, 1910.
Register and Receiver, Lennon, 5. u.
Gentlemen: BY office letter IN" OF
1uly 21. 1910, you were advised that
the president had, by order dated July
7. 1910, withdrawn from settlement,
location, sale and entry and reserved
for examination and classification with
respect to coal values, subject to the
provisions, limitations, exceptions ana
conditions of the act Of June 70, l9lo
public No. 3O3), and the act OF June
%, 1910 public No. 227, certain ianos
in North Dakota and South Dakota
narticularly described in the lists &C.
conpanying said letter.
Considerable uneasiness having re-
suited in your district, due probably
to an improper Interpretation OF the
order, the following instructions are
issued for your guidance:
# will be observed that the act or
June Is, 1910, which authorizes the
president to make Withdrawals OF
lands in certain cases, expressly ex-
cents from the operation of any with
drawal made hereunder all lanos
which are on the date of such with
drawal embraced in any lawful home
stead or desert land entry Heretofore
made. or upon which any valid settle.
ment has been made, and Is at SAID
date being maintained and perfected
nnrsuant to law. 1nasmuch as the
order of July Z, 1910, was issued SUB.
iect to the conditions, limitations and
exemptions of the said act of June 70.
T. follows that lands embraced in any
valid homestead or desert land entry
were excepted from the operation OF
the order.
However. while the presidents or
der OF withdrawal did not affect any
entries of the classes named which
we're made prior thereto, nevertheless
the information furnished by the geo
loeical survey, upon which the order
uas based. would seem to constitute
/ Claim or report that the lands are
yalnable for coal within the meaning
q the act Of March 8, 1903 (35 STAT,
S44). and In disposing Of proofs oner.
cd on such entries your once VIII Oe
governed BY the regulations contnn GO