Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1910-03-07
MEMORIAL UP
TO GOV. BRADY
Asked by Settlers to Begin Action
for Recovery of School Land

/ Today memorial to Governor
Brady numerously signed by settlers
along the river valleys tributary to
Occur d'Alene lake and by intervenors
in the interior department hearing OF
the Washington Water Power COM
pany's land overflow case, was filed
praying for the annulment of an
easement to school lands along the
Occur d'Alene river, granted Novem-
Der 16, 1908, in perpetuity to the
Washington Water Power company
for $3,427.95, or an average Of
about $3.50 per acre. The memorial
asserts that Governor Cooling and
M. l. Church, register of the state
board Of land commissioners, violat-
ed the law In thus disposing of this
land at private sale. The easement,
a copy of which accompanies the
memorial, includes all mounds.
raises, hills and elevations within the
exterior boundaries of these school
lands, relieves the Power company
forever from all damage heretofore
sustained or which may hereafter
occur to these school lands by over
flow of backwater from the Post
Falls dam, guarantees the grantee
company full protection from all
claimants to these lands; but pro-
vides that the title shall remain in
the state of Idaho, thus exempting
them from taxation.
The law also provides that school
lands shall be disposed of not only
at public sale, but at price not less
than $40 per acre. The memoriaf-is
as follows:
The Memorial.
To the Hon. James H. Brady, gov
ernor of Idaho:
Whereas, the act of congress, APP
proved July 8, 1890, known as the
Idaho Admission Bill, granted GER
tain lands to the state of Idaho, mo-
tably sections 16 and S6 of each
township within the state, for the
benefit of the public schools, and
Whereas, section 5 Of said act
provides that all lands herein grant
ed for educational purposes shall be
disposed of only at public sale, the
proceeds to constitute a permanent
school fund.-" and
Whereas, on the 18th day of Nov
ember, 1908, Frank R. Gooding, as
governor of the state of Idaho, and M.
|. Church, as register of the state
board Of land commissioners, did in
violation of the provisions OF the
aforesaid act and in violation of Ar
ticle Nine of the Constitution of the
state of Idaho, execute and enter into
the following agreement which is
recorded in the office of the auditor
of Kootenai county, Idaho:
"S6173. Articles of Agreement,
made and entered into this 10th day
of November, 1908, by and between
the state of Idaho (aeting by and
through FRANC r. Gooding, as gov
ernor of the state of Idaho, and NJ. /.
Church, as register of the state board
of land commissioners of the state of
Idaho, and attested with and by the
seal of the state board OF land COM
missioners of the state of Idaho, party
of the first part, and the Washington
Water Power company, corporation,
party of the second part.
Witnesseth: That for and in con-
sideration of three thousand four
hundred and twenty-seven and S5-1OO
dollars to the party of the first part
paid by the party of the second part,
the receipt whereof is hereby ac-
knowledged, and other good and
valuable considerations the party Of
the first part does hereby grant,
bargain. sell and convey to the party
of the second part, an easement in
the following described property, to-
wit:
A perpetual right and easement to
back and hold water upon aud food
and overflow with water so much Of
the property hereinafter described as
is below an elevation OF two thous-
and one hundred ana twenty-eight
feet above mean sea level as shown
by plats hereto attached and made a
part hereof, towit. (Here follows a
description of the landl.
To have and to hold the same for
all purposes herein mentioned to the
said party Of the second part, its
successors and assigns. forever, with