The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1913-05-29
MARBLE CREEK SETTLERS CONFRONTED
WITH A NEW COMPLICATION
ASSISTANT COMMISSIONER OF THE GENERAL LAND OFFICE
HOLDS STATE CAN NOT RELINoulsH LANDs-Ic
COURT DECISION

T Just one additional kink has been
added to the Marble creek land tangle
| by decision that has just reached w.
H. Batting, register of the United
States land office at Coeur d'Alene, a
decision written, it is understood, by
Samuel " Proudft assistant commits
sioner of the general land office in
Washington.
| The substance of this decision is to
the effect that as to all lands in town
ship A. range 2 east, the state selec-
tions are invalid for the reason that
the base lands used in such selections
are within the Occur d'Alene Indian
reserve, and inasmuch as these base
lands have been restored to the state
by the act of congress opening the
reservation to settlement the pending
lieu selections should therefore be re-
jected.
Information reached Boise in an in
direct way Monday to the effect that
Samuel V. Proudfit. assistant commits
sioner of the United States land office
had rendered decision that bids fair
to have a vital bearing on the settle
ment of the Marble creek land tangle
This decision of Assistant Commits
sioner Proudft is given out as the final
word on the subject and is supposed
to set aside the decision of the Idaho
supreme court in the Balderston- Bra
dy case, or to treat that decision as
thought it had never been rendered
Covers Wide Field.
This decision applies to all the
selections made by the state in town
ship A, range east In making its
selections here the state used it's base
lands that it supposed it had relin-
quished in the Occur d'Alene Indian
reserve. 1t involves just 10,640 acres
of timber land on Marble creek.
According to the Proudfit decision
this land in the Indian reservation was
not good base which had been restor-
ed to the state, and consequently could
not be exchanged for government land.
This land had been restored to the
state by an act of congress.
The important effect of this decision
Is to throw the state ont of possession
of this tract Of 1880 acres OF Marhi,
creek. and this places it in possession
Of the settlers who have been contend
ing for the possession of it all these
recent years.
Large Acreage Involved.
1t will at the same time drive the
state back upon 1O,640 acres of agr-
curtural land in the Indian reserva-
tion, which according to the Proudtit
decision, it can not relinqush.
This will give rise to another com
plication here because settlers have
filed upon every acre of this Indian
reserve land as homesteaGS, on the
understanding that the state had re-
the federal government Ultimately
it is said. the state will lose little or
nothing by this exchange as the Coeur
d 'Alene land Is regarded as particu-
larly valuable for farming and can be
sold to good advantage.
Proudft's Ruling.
In the course of his ruling Assistant
Commissioner Proudht says:
"The interior department did not
feel warranted in patenting lands to
the state of Idaho in exchange for
lands which the court of the highest
resort in the state had apparently de-
clared could not be relinquished by
the state land board.
"This difficulty has now been re-
moved and it is not material whether
the court changed its mind upon the
question or whether the invalidity
suggested by the court in the first in
stance has been cured by legislation.
In either case no good reason remains
why said departmental decisions
should not be carried into effect. In the
!! adjustment of the states grant. how
ever, under those decisions due re-
gard will be had for the states wishes
In the matter of protection of such
equitable claims as may be or have
been preferred by settlers who were
misled by the failure of the commits
sioner of the general land Office to
cause to be noted said Withdrawals
upon the records of the land office"
Attorney General Silent.
Attorney General Peterson refused
to discuss this decision of the assist
ant commissioner Of the general land
office Monday evening. He said he
had not seen the decision. did not
know its purport and could not ex-
press an intelligent opinion until af-
ter he had read 1t IN full and compar-
cd 1t with the decision of the state
supreme court in the Balderston Bra
dy case and the recent ruling Of the
secretary of the interior on the Marble
creek case
While on the surface the Proud6
decision seemed to add to the Marble
creek complications. It was tho opin-
ion Of some Of the state officials that
IL would ultimately lead to a straipht-