The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-31
idaho Supreme Court Decision
Blow to Political Land GrabberS

| IL on To some land STabberS. 10 IN"
! pIodIGal son who washed his substance
in riotous living.
| That legislature could deal SO reck
lcSsly with an asset so sacred. is a sad
| commentary on the seriousness OF the
| men who composed Il, That a party could
| have plcdced-as did tho Republican,
| Its political support TO the settlers who
| were attempting TO deprive the state
| schools and penal institutions Of Idaho
| Of the generosity of a ma gniiCent cndow
mcnt given by the government in our
! cnoblinC act. Is AN evidence Of reckless
! intoHication which should arise to plague
that party in future struggles for power
| No party guided by such n low type
of government. No legislature is safe
which ovcrstcps the limo OF constitutional
LAW I'm an attempt To carry out a vicious
party pledge.
And of the commission appointed TO
: cleanse this soicd linen, they havc no
| 10 draw their salaries which--by the why,
was paid by tho settlers. They assumed
! 20 sit in Judgment on the merits Of each
| claimants acreage Of these sacred lands
to Idaho's state institutions They ac-
| tuslly paTCclicd them out in driblets as
so many political plums; giving 10 ono an
| hundred sixty; 10 another eighty. and 10
/ another forty acres Of this magnificent
| timbercd land which was designed 10y
| congress for our children and our uufor-
tunatcs, that through the revenues de-
|
tanned from this donation. better. purcr
| and higher order Of citizenship might
occupy Idaho, IN future generation
| As To the effect which This ATTEMPTED
| legislation viii have on the individuals
| who composed the Idaho state icEisla-
ture in it's last session, and the commits
sion created by It, and the Republican
| party. which made the platform pledge.
| the future viii demonstrate. TO date u
is sufficient to relate that The pledge was
made and kept and q commission ap-
linz Il
/ displayed patriotic wisdom in calling these
! agencies 10 book.
The Republicans have tull charge Of all
/ these different agencies, from the pledge
1 IN party platform 10 the membership Of
( tho ruling force which brought " back
| 10 first principles rs suggested by the
| express terms Of the state constitution.
| Let us pause but briefly 10 reflect on
, tho sorry order OF citizenship which
/, guided this platform pledge; this loGisla-
| tive enactment and this report Of a leg
! lElIiiVc commission.
| IT occurs that the time is rcd ripe FOR a
! higher order OF men 10 step forward and
! guide the ship OF state with saucr. more
! honest atmosphere OF patriotic regard FOR
| our time honorcd customs. emphasized
| 10y the mon of 1890. who made our state
! constitutional ana accepted tho terms of
| the enabling act by which congress con-
! fcrrod on Idaho territory an appreciablc
! bond Of confidence.
4 Tho supreme courts decision Is far
moro consequential than the settling for
tho right this Marble creek land question
IT goes farther and declares title IN tho
/ state TO all Of sections lG aud 80. in
place, whether on tho deep, loaming soil
of the irritable desert, in the timber
II bolt nf the rar north. on the rocky point
! OF the highest mountain range or in
| tho bed Of Snake river.
This decision sheds new light on so
styled ''squatters' rights and coming
| from supreme court il is guidance
FOR the present and future land boards.
II An old federal statute seemed Ia vest I'm
Il settler q right 10 title 10 such land as
he might occupy prior TO survey In rec
OF tho past twenty years have released
tho occupied portions or sections l6 and
3G In Idaho. taking In their stead licu
lands, This opinion of tlc court Icvcrscs
this action and thereby. far as this
i state tribunal is concerned. vitiatcs title
To all land acquired through tho squat .
tors rights route. from the state or
Idaho
This ruling affects many dozens and
scores OF homes in Idaho. especially in
the southeastern portion Uf the state
where the MovmonS settled in IN" early
days. devoid of any knowledge of bound
airy liuos. and long before The period nj
| public surveys.
This recent decision is so far-r"achiuc
that on the point involved. last men
TONED. an appeal VIII -" taken TO The su-
prcmc court Of the United States IN
which the state and federal authorities
| ia Idaho Will participate. To tho ond that
| certainty NAV attach To the titles thus
| affected by this supreme court decision.
This opinion also defeats 4. proposed
bin I'm conCrC ;s which hu1 the co-opara -
| iiou OF the state officials Of Idaho 10 re-
| Icasc certain sections IL and 80 aud select
an equivalent acreage. In one body. at
| the discretion Of III" Sia,H lard beard.
| Let MS rejoice and hc exceeding glad
| that the supreme court of Idaho has
| risen abOy' ihe guIgnlir' Of petty irI.
| tics and for once. AT least. reminded The
| ucople OF tho commonwealth that We have
| Fundamental laws worthy Of cnnsidcra e
| lion. without regard fur the pronounce
| montS nf party platforms. the enact %
| mcnty oC party Legislatures or the at
| tempted Jrihbttr@ ont -: The states ~
coed hcquc-tS rs al iucplSiiteni commits
! sion.