The post. [volume] (Middleburg, Snyder County, Pa.) 1864-1883, 1877-05-10
Where the Homestead Laws Are Nul-
ljfiad.

Ituo0.
Title to agricultural lands belong
ing TO the United States cannot now
be- acquired except under the provis-
ions OF the precmption and Eome-
ST tcad Ia ws. which restrict ownership
to one hundred and sixty acres actu-
ally settled and improved.
1t Is one OF The phenomena OF Fed
cral legis ature, ST. rich in errors and
imperiec,ions. that these two laws
were enacted IN ignorance OF the
Physical geography Of The larger part
OF tue public domain over which they
were made operative. The govcrn-
ment AMI people are now c,n'ioutrd
by an unforseeo hUllincatiOn OF both
The OBJECT Of tho laws was, prImari-
ly, to stimuli ne tho productive forces,
which the settlement and cultivation
of the unoccopicd public land would
necessarily bring into play ; sccon-
darby, to propit'ato th, feeling u
mong the voters in the Western
States and Territories, which asks
for lands for the laudless, aud gives
paramount importance 10 border pol>
Itlcs TO tho actual settler Nature
placed limit to the extension west
ward OF this policy Of givios away the
public land 10 poor mco. Tnat lin
II was the line of sufficient rainfall
The Homestead aud Presumption
laws lost jurisdiction aud efficacy
where Nature ceasei to irrig,tc the
soil at too times and to the degree res
qured for the regular pro lucIion OF
crops Beyond that linc no poor man
will 90 for It is impossible for him
to make "a farm.
The area over which Mature has
nullitied the wisdom of Congress in
enactiDg these statutes Is enormous.
1t is bounded by The lOOlh meridian
OF longitude on the east, by the Sier-
IA Nevada aud Cascade ranges OF
mountalns on the wo,t, tho British
boundary limo on the Nhth aud the
Mexican linz on tho South. Within
all this area agriculture as pursued
IN tho M'ss,s ippl valley or NJ"
England has no existence, and asri-
culture Within the means oi the Stats
utory homcste ader is absolutely ih>
possible. Throns hout thi, immense
res ion artificial irrigation is iniis-
pensable 10 the cultivation Of the
soil. The greater potion Of the re-
gion is not susceptible Of irrigation
save by windmill pumps. which wolli
be effective for very small holdings
ouly-iractions Of sectional fractions
Tue cost Of thus watering u hundred
aud sixty acre Homestead would be ~
,nuch beyond the mcaps OF the aver
aye settler ns would be a granite aq-
ueduct from tue nearest mountains.
II is true that numerous areas IN this
re gion can command rain by bitches
from surrounding hills and heights.
But these dilches, as they are cail"d
IN mining parlance, are really icrmid'
able engineering works, frequently
miles in length. scientifically con-
structed, and costing great deal OF
money to make aud keep in repair
They can ouly DO constructed by
wealthy capitalists, or ASSOCIATE ons
Of men possessing money tor invest
meut. They are wholly beyond the
reach of the poor men for whose bene.
fit the Presumption and Homestead
laws were enacted. The rivers with-
in this region OF in uilicicnt rainfall do
not serve agriculture. They arc AT
the best but watering places for cat
tie. They have no permanent vol.
ume. They dry up In summer and
mostly disappear. Their moisture to
the adjncent soil from per'olntlon
is speedily lost. Iu not one instance
can they be put to tho scanty use
made of the Nile by the farmers OF
Epypt. The fact exists, aud it eau
never be altered, that all over the im-
meuso region bounded ss we have said
between tho liue of the Sierra Ncva-
das and Mexico, the Homestead Of
our land laws is impossible, and the
intent and purpose Of the Presumption
and Homestead laws are made null
aud void by u paramount law OF Mas
tn,e. Yet the plains, mesas, add
valleys OF this region are valuao 10 Tor
the production Of cattle. they are
true grazing grounds aud sheep ran
ges. But not upon one bundred and
sixty acres cau stock range aud feed i.
The success of the business or stock
raising requires practically unlimi-
tod range, The Homestead law is
death to il. For no sensible man
will embark 10 the business unless be
can com msnd its conditions by own
ership. aud avoid the troubles and
losses ,nseperable from common use
and conflicting claims.
While these Two laws stand, refu
sing title 10 more than ooc hundred
and sixty acres, the great body o.
this vast territsry must remain un-
occu pied, and tho continent bc divi'
ded by desert. Only The lands neal
to springs and along soow-fed siream'
will be sold and used. All othe'
ilonds equally rich, but that osn b
crrigs,ed only srli6cially. aud all th'
at,ls-rauge lands will he neglected
And these comprise nearly tie whol'
1 -. .ua Aaaarth