The herald-advance. (Milbank, S.D.) 1890-1922, 1915-12-03
u. 8. Land offce Ruins.


That the rights of a homestead
claimant do not take precedence over
a prior filing right of the state IS the
holding Of the general land department
on the homestead application Of Johan
O. Jonsson of Perkins county. This
is really a test case as to the rights Of
| the state and the homesteader. The
state has taken a large area OF land
in the northwest part of the state as
indemnity for sections 16 and SO on
the reservations, which have been TAX.
| en- as Indian allotments. The settlers
and authorities of these northwest
| counties do not like the idea of h
state holding tracts not subject to tax
alton, and a belief has apparently
grown up in that part IL the state that
if a homesteader cared to exercise his
right upon a tract already filed upon
by the state, that his rights would be
held to be superior to those Of the
state, and that title could be secured.
But the recent ruling OF the general
land department at Washington, turn.
ing down the entry of Jonssan to the
tract of state land on which he sought
to make filing, shows that such idea is
erroneous and nothing can be gained
on the part of the homesteader in at
tempting such filings. AS the consti-
tutional minimum sale price for state
lands is $40 an acre, the holdings of
the state will hardly bring that price
unless there is further railway devel-
opment into the section affected, and
there can be no revenues from these
tracts until they have been transfer
red, which near a great deal to the
northwest counties, especially Hard
ing, and portions OF Perkins, Butte
and Meade, where the state holdings
are large.
Educators Adjourn.
The South Dakota Educational as.
ISOLATION adjourned at Aberdeen fol-
lowing two concerts by Madam Gadski,
at which over 1000 attended. The reg
istration reached 1925, of which rs
were life members. This is 900 in eX-
cess OF previous records. Resolutions
were adopted favoring legislation for
free text books in the public schools,
the federal Smith-Hughes bill and ma
tional prohibition. Resolutions adopt
ed by the associated school boards ia
vored pensions for teachers. You can
not have a republican form of govern
ment or maintain the democratic in
situations of a state unless you have
an intelligent, educated citizenship"
said ElWood G. Perisho, president OF
the State college. before the State Ed
ucatiOnal association. THE future of
the nation depends upon the ability
of the masses to govern. but before
people can justify rule they must
know how to rule. What greater work
can the schools do for the state than
10 give its citizens the kind of train
ing which will enable them to ballot
with an intelligent and civic honestly"
President Perisho Of the Aberdeen
Normal, quoted statistics showing
South Dakota's comparatively low ma
tional standing in educational matters.
For instance, this state stands thirty
second as to number Of children Of
school age in and out Of school-while
North Dakota ranks twelfth. As to
school property per capita for school
children, South Dakota ranks thirty.
second, while North Dakota ranks
twentieth. As to yearly expenditures
per child, South Dakota ranks twenty
second, while North Dakota stands
twelfth.
Double Pay Barred.
| Double compensation cannot be
/ drawn by county commissioners for
supervision of road work. This is the
holding of the attorney generals de-
partment on inquiry as to conditions
in Sanborn county. 1t appears that
the commissioners OF that county had
been acting as supervisors of road
work, for which they drew compensa-
ton from the road fund, in addition to
their compensation from the county,
which is limited by statute to 5000
per year. The holding is that the lin
it stands, and that their compensation
must come from the general fund, at
81 per day up to the $500 limitation,
which is all they may draw from the
county. It is also held on inquiry
from Ziebach county that the sheriff is
entitled to a fee Of 81 for each return
of collection of personal property tax
which has been placed in his hands or
collection. The issue appeared to be
what was meant by the word re-
turn in the new statute, and this is
construed by the state legal depart
ment to mean individual return, the
same to be charged to the party from
whom such collection is made, it be-
ing the intent of the law that the coun-
ty incur no additional expense in col
lecting past due personal taxes.
Good Gains In Deposits.
Banks throughout the state have
just finished compiling their financial
statements following the call Of two
weeks ago, this call. showing a condi-
ton of prosperity all over the state
never before reached. Bank deposits
II, ponara1 aro ~hlv larger than