The record. [volume] (St. Maries, Idaho) 1913-1918, 1913-05-27
State Court Set
Aside in New RuIin6
DECISION FOR MARIE lie CREEK SETTLERS
Interior Department Holds State Selections in az,
z East are Invalid

W. II. Batting, register of the
Coeur d'Alene land office. Friday af-
ternoon recei sed a decision from the
general land office at Washington, d
O., which changes all former deci
sions in connection with the Marble
Creek homestead claims, embracing
among the cases the state of Idaho
versus Thorpe, ct al. in township "A.
range east. The ruling of the Ida
ho state court is set aside and the in
terror department holds that the state
selections in township A, range 2
east are invalid By the ruling of
the interior department the state
court proceedings are as trough they
had never been. Regarding these ia
nous cases the assistant secretary Of
interior says in part:
'The interior department did not
feel warranted in patentlng 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 1t is not material whether
the court changed its mind upon the
question or whether the invRlidity
suggested by the court in the first in
stance has cen cured by legislation.
In either case no good reason remains
why said departmental decisions
should not oe carried into effect. In
the adjustment of the state's grant
however. under those decisions due
regard will be had for the state s
wishes In the matter of protection of
such equitable claims as may be or
have been preferred by settlers who
we're misled by the failure of the
comm issioner of the general laud Of
tice to cause to be noted said with
drawals upon the records of the local
land office"
The substance of the decision Is to
the effect that as to all lands ia town
ship "A, range east, the state selec-
tions are Invalid for the reason that
the base lands used in such selections
are within the Occur d'Alene IDdian
reserve and inasmueh as these base
lands have been restored to the state
by the act of congress opening the
reservation to settlement the pending
lien selections should therefore be
refused.
The homestead claims N township
A. ? east, rejected July IA, 1905,
we're those OF the following: William
NJ. Ralston. Louis Vetting, Daisy E.
Spenser, Charles r. Struthers, George
Bruun, Alfred W. Marshall. Ellen
Maria EngstFom, John Beaton,
Charles Il. Thompson. Henry W
Thanke. Andrew Bloom, Gale Miles,
Samuel Obrecht, Edward P. Brennan.
GeoE 20. Morbeck. William Lesage,
VIII m Dewar, Ulysses f.. Early
Philip Landry, Lewis NJ. Squlres,
Christ II. List. Charles A. Dewey.
James Aris, Mat Conway, Lillian
Pardee, Albert S. Densmore, Clarence
E. StoddaTd. William O. Hendershot,
Cyrus o. Zinn, John Brule. George
W. Moore, Anna e. Balthies, Frank
O. Moore. Edward E. Steele, Henry
" Griffith, Daniel Hewes. Jerry AL.
corn. Clara B. Wethered, Oliver Lin
es, George W. Hayes, Charles o.
Portfors, James r. Hall. Charles n.
Downle, Peter G. Craig, Charles j..
Topping, James NJ. Brown. William
Hslmer, Jennie Paulson, Stephen A.
Thorpe.
The filings of Downie. Hall and
Topping we're not appealed and were