The record. [volume] (St. Maries, Idaho) 1913-1918, 1913-07-29

Senator W. Il. BorRh has by no |
means given up his fight to have JUS
tlce done the settlers on the overflow
lands of the St. Joe valley and to
have the clause making the lands
subject to overflow by the Washing
ton Water Power company stricken
from their patents.
In the face of repeated failure et to
secure favorable action from the sec
retary Of the interior, on July 9th
he addressed still another letter to
the secretary on the subject and fol
lowed this up by introducing a joint
resolution IN the senate on July llth
directing the secretary to amend the
patents already issue by striking
out that clause and TO refrain from
inserting 1t in patents hereafter is-
sued
The following Is the senator's let
ter to the seen etary aud the resolu-
tions:
My Dear Mr.. Secretary In refer
ence to the right of the Washington
Water Power Company to overflow
certain lands and the exception 10
the patent OF srch lands concerning
such permit, l want to call your at
tention particularly to the case OF r.
X. Marshall. AS gather the facts
In regard to this filing. 1t was made
on November l6, 1910 after the
permit of tbs WASH: gater Pow
er CompanA had ,5celled by
the departmt W Ehe time the fiI-
ing was made was no permit
After the rec Cd residence and cul
tivationA Mr., arshalI entered COM
mutation prstf which was accepted
and final certificate was issued with
no reservations except coal aud oil
But aftet the patent arrived 1t had
these reservations or exceptions to
which ! make objection. This Mr..
Marshall refused to accept This
case illustrates the great Injury Qi
these exceptions to these homestead !.
ers. / am reliably Informed that 10
1911, Mr.. Marshall could have sold
aud disposed of his place for $40. =
700, aud at the present time he
could not get a third Of that and
could not borrow upon the place at
all. This permit destroys the value
Of these homesteadp, homesteads
which we're taken out at a time when
there Was no permit In existene.
In this connection call your at
tention TO the fact that a. recall
this permit was revoked and cancelled
90 the ground that 1t WAS originally
obtained through misrepresentation
aud fraud. The settlers then assum
ed that everything was all right Dui
a rehearing was granted by Secretary
Fisher and an oral argument by th'
compaDy's attorneys had. The set
tiers paid too little attention to It 81
they did not expect that the permi
could under the circumstances be re
established. / most earnestly urge
Mr.. Secretary. that the reestablishiDI
uf this permit wAs an act of bad faitl
upon the part Of the government,
distinct wrong to these settlers Il
which they can have no remedy or n
recourse except to you. Ny belle
so firmly established that wrou
mas been done ls my only justifica
tion for continuing to press this az
, on the attention OF the department
The settlers did not have a fair or
I portnnlty Of meeting this rehesrin
G and the reestablishmeut Of the pei
init. They we're misled as any ma
mihRt have been mlsled by the faci
and circumstances surrounding ii
rehearing.
J. have C lied particular attentio
u to Mr.. Marshall's case In order thi
u may have a specific instance befol
d you, but / could just as we'll call a
d tentiou to others. am still great
> 10 hopes that the department will
able to protect these settlers fro
this injustice.
4, Very respectfully,
/, W. E. BORAH.