The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1910-08-18
PROTEST
TO PRESIDENT
AGAINST THE WITHDRAWALS OF
LAND IN
WESTERN PART OF STATE
DELEGATION SENT TO WASHING
TON BY HURON CONFERENCE.

0Outn dakota eHecteQ Dy the govern
ment's recent land withdrawal act
was held at Huron On Friday. A strong
a delegation. headed by Governors
Burke and Wesley, was sen to Wash
ingtOn to present the matter before
the land department. The president
recently withdrew from settlement
large tracts of lands in Perkins and
Harding counties in this state and in
~neighboring counties in North Dakota
on the ground that they ere coal
lands. The people Of that community
state hat this act will seriously hind
err the development of the country, as
we'll as work a hardship on the set
tiers who had already filed on the
land.
The resolutions were as follows:
We have today been in conference
in the city Of Huron upon urgent re-
quest of seventeen commercial and
homestead clubs of the Lennon land
district in North and South Dakota
to consider the serious nature of the
situation in which the homesteaders
are placed in that district, in part as
the result of the recent order of the
department of the date of July q,
1910, and the executive order of July
Z, Withdrawing from entry, sale and
disposal certain lands in said district
and other districts similarly situated.
The situation from the standpoint
of the homesteaders is really critical.
Droughts have prevailed during the
present season, resulting in wide
spread crop failure, causing many
more settlers than otherwise would
have done so to offer communication
proof in order to obtain prompt title
to their lands. Action upon several
hundred OF such proofs had been De
heretofore in the department
and now, since the PRONUNCIATION of
the executive order referred to. the
local land officers have adopted
the practice of suspending all home
stead filings and proofs until definite
instructions should be issued by the
interior department as to the scope
and effect of the orders referred to.
Five Suggestions Submitted.
We have considered the various acts
of congress and the said order with
great care, and as a result make the
following suggestions and recommen-
dation:
/. That neither the order Of with
drawal nor the law under which it
is made impairs the rights Of bona
ide homestead settlers. Such settlers
have full right to make combinations,
proof and entry and to receive patent
promptly unless their lands are class
ed as coal lands or are protested as
containing coal, in which case they
can accept a patent reserving the
coal to the United States or can have
opportunity ~ ulopIONC liz dItC6dIlOuS
Of the coal character Of their lands
and insist upon a patent without re-
servation.
2. The lands embraced in lawful
homesteads initiated prior to the date
Of the order Of withdrawal are ex
pressly accepted from the force and
effect of the withdrawal order by the
terms of the conservation act Of June
20, 1910, and are in no way affected
justification for the suspension Of ac-
ton on Communication proofs upon such
homesteads, but they should pass
promptly to approval and certificate of
final entry unless tainted by fraud or
other irregularity.
3. That it is m~anifestly unjust to
bona fide homestead settlers to sus-
pend action on their homestead proofs
if they are willing to accept the linn
tied patent with coal reservation, as
provided in the act of June %, 1910.
1t is also unjust to delay action indie
finitely on final proofs protested for
the 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.
4. That all final or Communication
homestead proofs where protests have
been made solely on the ground that
the land contains coal and the home
stead settlers have filed consent to
accept title with the coal reservation,
should be released Immediately from
suspension and be passed for exam
~ination and approval OF patents. AS
there are several hundred cases Of this
character said to be under suspension,