The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-05-28
DESERT LANDS.

DESERT LANDS.
Our PhiIlipsburg corresponder
mentions instances in that lOcal,t
where parties have taken up portion
of the public domain as desert land!
which are really not desert land
under a proper construction of tn
law. The same complaint is hear
tt roughout other portions of the Tel
ritory. Parties file upon section o
land, convey a little water upon II
make a few stalwart oaths and upol
payment of the stipulated price, be
come possessed of valuable tracts o
the public domain which produc'
fine grasses, and upon which larg,
quantities Of hay may he cut. Thi
is a direct violation If the law, which
works a great hardship to home seek
crs.
The Desert Land act was framed
and iobbied through Congress by and
in the interest of California parties
who desired to possess themselves of
certain lands in the southern part OF
that State. Although the operation
of the law extended to the Sta es of
California. Oregon and Nevada, and
to the Territories of Washington,
Idaho, Montana, Utah, Wyoming.
Arizona, New Mexico and Dakota it
was not thought. at the time of it's
passage, that such vast areas of
really valuable lands would be COW
cred ty it. That there are desert
lands in Nevada, Idaho, California,
Arizona and New Mexico is well
known, but it requires a considerable
stretch of the law and imagination
to locate desert lands in Montana.
Desert lands are such as will not
produce crops without irrigation or
an artificial supply Of water. The
patty who wishes to make entry of
such lands must file with the officers
of the land office of the district
wherein the land is situated a declar-
atien stating where the land is situ>
ated, that the land will not. without
produce an agricultural
crop; that there IS ne timber growing
upon said land; that there is not, to
knowledge, within the limits
any vein or lode of quartz, or
other rock in place, bearing gold,
lead, tin or copper, or any
of coal; that there is not |
the limits of said land, to his
knowledge, any placer, cement,
OF other valuable mineral
or salines; that no por-
ion Of said land is claimed
or mining purposes, under the local
customs O. rules of miners OF other
wise; that no portion of said land is
worked for mineral during any part
II tie year by any person or persons;
hat said land is essentially nom
mineral land; that bis declaration
herefor is not made for the purpose
t fraudulently obtainiog title to
land, timber land or agri-
nltural land. but for the purpose of
aithfully retaining, within three
ears from the date of his declar-
by conducting water thereon,
tractof land within the meaning of
act.
AS preliminary to the filing of such
it must be satisfactorily
lown that the land therein de-
ribed is desert land as defined in (
o act. To this end the testimony
at least two disinterested and cred |
le witnesses is required who must ]
ear to the truth of the declaration
ade by the applicant. The appli- I
Mt must then pay twenty-five cents 8
r acre for the land applied for. At s
e expiration of three years from the
of his application the applicant e
lst prove by two witnesses that 8
ter has been conducted upon the {
so as to irrigate and reclaim the 0
ne from its former desert condition t
such extent that the same will a
'duce an agricultural crop. The n
'alty for false swearing in these L
is a fine of not more than two Ii
'usand dollars and Imprisonment 81
hard labor for not more than five b
lrs. 81
Notwithstanding the severe penalty fir
posed for false swearing in these 81
1s, there is no question it is justly al
urred in many instances. In the &C
t place much of the land taken up R
ter the desert land act is not SUI
ert land. When fenced in it will gr
duce fine crops of hay, and when W!
yield remunerative CROPS WI
inter wheat and in favorable sea. ab
) oats, barley, wheat and rye. At Is
Territorial Fair last fall a large th
lblt was made of cereals and veg 1t
lies grown in Choteau and Daw. Dc
COUNTIES without Irrigation or nj!
artificial supply of water. The ex'
Is upon which the samples were ma
are as much desert in charac-
- n~lne-tenths of those taken up I
the act. The abuses under He
|aw are so patent to everyone that tha
is a general demand for its re- sur
and the sooner Congress repeals tina