Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1878-01-03
DESERT LAND.
Suggestions Of Secretary Schurz on
the Law

The following is a full copy of that por-
ton OF the annual report of Secretary
SchurZ which relates to the desert land
law: Congress at its last session passed
an act to provide for the sale of desert land
in certain States and Territories. This act
provides,
1st-That citizens of the L. S. and per-
sons of certain specified qualifications may
file with the Register and Receiver of any
land district in which desert land is stu
ated, a decla ration of intention under oath
to reclaim within three years thereafter, by
irrigation. tract of desert land, surveyed
or unsurveyed, not exceeding one section,
and that upon payment of twenty-five
cents per acre the applicant shall acquire
an inchOate right thereto.
SecOnd-That at any time thereafter
within the period above named. upon max
ing satisfactory proof to said Registerand
Receiver of the reclamation of said tract
of land in the manner aforesaid, and the
payment of the additional sum of one do
lar per acre, the applicant shall be entitled
to patent for said tract.
Third-Ihat all lands exclusive Of TIM
Der and mineral lands. which will not with
out irrigation, produce some agricultural
crops shall be deemed desert lands.
While it is desirable that desert lands
should be reclaimed for agricultural pur-
poses by irrigation. and that proper en-
couragcment be offered to that end, a wise
regard for the public interests does not
permit whenever there is a public land ca
pable of successful cultivation on small
farms, and of thus furnishing homesteads
binary facilities should be given to the
capitalists to acquire such land Tor the for
nation OF large estates. 1t is believed that
the proof required by the above named act
as to the quality of lands is not sufficient to
prevent lands not desert from being ac-
quired under it. While the entire absence
Of any provision prescribing that portion
of land in the tract entered shall be irri-
gated, the cultivation and improvements
which shall constitute reclamation, the
penalties or forfeitures forabandonment or
sale of the applicants interests before max
ing final proof and payment, renders the
act liable to be taken advantage of for OBJ
jects not contemplated by it nor compati-
bic with the public interest. | therefore
recommend that the act be so amended as to
require before the entry is allowed, that
the desert character and quality of the
tract sought to be entered shall be estab-
lished by competent testimony to the salts
faction Of the Register and Receiver of the
district in which the land is situated, after
notice by publication for four successive
weeks to adverse claimants, if any there be.
that the quantity or portion of the land in
the tract to be irrigated, cultivated and I'M
proved shall be specifically defined. That
a neglect or failure to irrigate and improve
the quantity or portion of land in said
tract specified, for the period of six months
at any one time, shall be considered aD
abandonment of the same.
While a party who has made an entry
under said law has no more right to sell,
or cCntract to sell, or in any manner en-
CLIMBER the right or interest which he has
acquired than q homestead or pre-emption
settler has under either the homestead or
presumption laws, before final proof, still
there seems to be some misapprehension as
to the right of applicants on this subject.
l would recommend that the law be so
amended as to expressly prohibit the
selling or contracting to sell, or encumber-
ing Of the right, or interest which the ap-
plicant acquires until final proof and pay
ment therefor has been made, and that up
on satisfactory evidence being produced of
the violation of such prohibition, the ar-
plicant shall be deemed to have forfeited
his rights and interests therein. and there
upon his entry shall be cancelled.