The herald-advance. (Milbank, S.D.) 1890-1922, 1910-08-19
GOVERNORS AND SOLONS PETI.
TiON PRESIDENT TO MODIFY
EXECUTIVE ORDER.
LANDS ALONG THE BORDER
Dractlc Ruling Seriously Menaces
Lennon DiStrict.-Resoiuton UrQ-
ing Changes in Conservation
Is Sent to Washington.

Huron, s. d. Among those at
tending the conference here to dis
cuss recommendations to President
Taft and Secretary Rallinger for med
ification of the rules governing an
order withdrawing from homestead en-
try certain lands in Perkins and Hard
ing counties claimed to be underlaid
with ignite coal, were Governor Yes
sey, Senators Crawford and Gamble,
Congressman Martin, Governor Burke
of North Dakota, Logan Berry Of Lem
mon and ID. p Norton of Hettinger
The conference resulted in sending
to Washington by Governor Nessey,
Mr. Norton and Mr. Berry the follow
ing Recommendations:
I'VE have been in conference in the
city Of Huron, upon the urgent request
OF II 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 homesteaders are placed In that
district in part as the result Of the
order Of the department of the date
of July 81 and executive order OF
July Z. withdrawing from entry, sale
and disposal certain lands in said dis
trict and other districts similarly stu
ated.
"The situation from the standpoint
of the homesteaders is really critical
Drouths 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 titles
to their land. Action upon several
hundred OF such proofs had been de-
layed Heretofore in the department
and now since the PRONUNCIATION Of .le
executive order referred to the local
land officers have adopted the prac-
tice OF suspending all homestead fl
ings and proofs until definite instruc.
tions should be issued by the interior
department as to the scope and effect
of the orders referred to.
Committee Makes Suggestions.
I'VE have considered the various
acts of congress and the said order
the following suggestions and recon-
mendations:
"First-That neither the order of
withdrawal nor the law under which
it is made impair the rights of bona
fide homestead settlers. such settlers
have full right to make communication
proof and entry and to receive patent
promptly unless their lands are classed
as coal lands or are protested as con-
tanning coal, in which case they can
accept patent reserving the coal to
the United States
"Second-That lands embraced in
lawful homesteads initiated prior to
the date CT the order Of withdrawal
are expressly excepted from the force
and effect of the withdrawal order by
the terms of the conservation act of
June %. 1910. and are in no way af-
fected thereby, that there is no au-
thority or justification for the suspen-
upon such homesteads.
"Third-That it is manifestly un-
just to bona fide homestead settlers to
suspend action on their homestead
proofs If they are willing to accept
the limited patent with coal reserva-
tion as provided in the act OF June %.
1910. 1t is also unjust to delay action
indefinitely on final proofs protested
for alleged coal character of the lands.
"Fourth-That all final or commuta-
tion homestead proofs were 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 examin-
alton and approval for patent.
"Fifth-We recommend also that
the classification contemplated by the
presidents withdrawal order of July
Z should be made with all possible
speed and that an adequate force for
this purpose should be put into the
field Immediately.
(Signed) John Burke, governor OF
the state Of North Dakota.
"R. S. Vessey. governor Of the state
Of South Dakota
Robert j. Gamble, United States
senator from South Dakota.
"Coe l. Crawford, United States
senator from South Dakota.
"Eben w. Martin, representative
from South Dakota
p. D. Norton, delegate commercial
and homestead clubs. North Dakota.
Logan Berry, delegate commercial
and homestead clubs, South Dakota
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