Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-07-11

= coal on the land. =
Robert N. McWade.
WASHINGTON, July 11.-One Of
the bills that affects North Dakota,
and which has been dancing its way
for several months through two Sen.
ate committees: Public Lands and In.
dian Affairs; has ut last seen the light
of day and passed the Senate with
several amendments which do not
hurt its well.meant provisions in any
way. 1t was first introduced by Sena-
tor Gronna on April S, and 1t provides
for the disposal OF certain lands in
the Fort Berthold Indian Reservation,
the amendments merely adding new
sections to 1t. That 1t will be well
come to many homesteaders and
others in the thriving state Of North
Dakota goes without saying.
Its first section provides that the
lands in the Fort Berthold Indian
reservation, which, on account Of their
containing coAl, were reserved from
allotment and other disposition under
the Act Of June l, 1910, entitled IAN
act to authorize the survey and allot-
ment of lands embraced within the
limits OF the Fort Berthold Indian
Reservation, in the State of North
Dakota, and the sale and disposition
of q portion of the surplus lands after
allotment. and making appropriation
and provision to carry the same into
effect, shall be subject to disposal
under the provisions Of that act: Pro.
vided, that patents issued for such
lands shall contain q reservation to
the United States of any coal that
such lands may contain, but any en-.
tryman shall have the right at any
time before making final proof of his
entry. or at the time Of making such
final proof, to a hearing for the pur'
pose of disproving the classification
as coal land Of the land embraced in
his entry. and II such land Is shown
not to be coal land q patent without
reservation shall issue.
The second section provides that
the coal deposits in such lands shall
be subject to disposal by the United
States in accordance with the provi'
sions of the coal-land laws in force
at the time OF such disposal. Any
person qualified to acquire coal de-
pOsits or the right to mine and re-
move the coal under the laws Of the
United States is given the right at all
times to enter upon the lands select.
ed, entered, or patented as provided
by this act. for the purpose Of pros
pecting foar coal thereon, upon the
approval by the Secretary Of the In
terror of a bond or undertaking to be
filed with him as security for the
payment of all damages to the crops
and improvements on those lands by
reason Of such prospecting.
Any person who has acquired from
the United States the coal deposits In
any such land, or the right to mine or
remove the same, may re-enter and
occupy SO much Of the surface there
Of as may be required for all purposes
reasonably incident to the mining and
removal of the coal, and they can
mine and remove the coal, upon pay
ment OF the damages caused thereby
to the owner, or upon giving a good
adm sufficient bond or undertaking In
any action instituted in any compe-
tent court to ascertain and fix the
damages: Provided, that the entry
man or the owner under such limited
patent shall have the right to mine
coal for use upon the land for do
nestle purposes at any time prior to
the disposal by the United States OF
the coal deposits.
The first Senate amendment added
a new section (3) to the bill, reading:
THAT the President of the United
States shall appoint a commission,
consisting of three persons, to in
spect, classify, and appraise and value
all Of the lands described In section
first, that shall not have been allotted
in severality to said Indians or grant
ed or reserved by the terms of this
act, said commission to be constitut-
ed as follows:
Ol10 VI tuO NEUTRALITY-SUSPICIOUS. OA0AA w
a person holding tribal relations with
said Indians, one a representative Of
the Interior Department, and one a
resident citizen OF the State Of North
rak0ta. That within 20 days after
their appointment said commissioners
shall meet and organize by the cleo.
ton Of one Of their number AZ chair
man. The said commissioners then
shall proceed to personally inspect
and classify and appraise, In 16O.acre
all Of the remaining lands de-
scribed In section / of this act, except
sections is and sections 36. In max
ing such classification and appraise-
ment said lands shall be divided into
the following classes:
First. AGRICULTURAL land of the flrst