Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-02-07
In the
U. S. Land Office,
HALEY T1nhO.
p. r. WILLIAMS

p r. WILLIAMS vs.. U; $: = l .%s Once.
JOHN HALEY. HALEY, Idaho,
Contesting Desert Entry No. GA, on the ground of
non desert character of same and priority OF
settlement by said p. n. Will ans, on the s T.
Il of N. W. a of N. E. "A of s. W. Il of Section
9. Township North, Range Is East.
This contest was ordered by the
local land officers of this Office, by
order from the Department of the
General Land Office by letter &C."
Department initial, August 81, 1888.
Notice of contest issued by the Reg
lister, dated Sept. 8, 1888, and served
by the Register on each party, setting
said contest for hearing Oct. 13, 1888,
at 8 a. m, at which time said case
could not be heard by the local Of
ficers, and was continued from day to
day until such time as the business Of
the Office would admit of its being
taken up.
On the 22d day of November,
1883, said cause was called, aud each
party thereto being ready, the cause
proceeded, and was in progress of
trial from day to day until the 1st
day of February, 1884, at which time
counsel for each party announced
their case closed. A large array of
witnesses were introduced on either
side, aggregating nearly fifty in all,
and large volume of testimony was
introduced pro and con, much of
which, in our Judgment, is irrelevant
and immaterial to the issues in the
case. Upon the examination of the
case, and deliberation on the testlmo-
ny, we are compelled to sum it up as
follows:
1st. From the preponderance of
testimony on the subject Of the des-
ert or non-desert character of the
land embraced in the original entry
made by John HALEY, upon the then
unsurveyed lands, we find that said
entry, when made, was upon deser,
lands, within the meaning of the &C,
of March Sd, 1877.
I'd. That the testimony shows thai
John Haley has expended a large
sum of money in making bitches anc
conducting water upon said "deser
entry" Cor the purpose Of reclamation
having, as shown by deed Of waite
right from the Idaho and Oregon
Land Improvement Company a lega
appropriation of a perpetual wate
right to properly irrigate the same, IA
an expense or consideration Of -, 100
and that by the testimony Of witnes
True, who was the engineer who sur
veved and located the several lines o
bitches for the said John HALEY, W,
find that there are a large number o
lateral bitches conveying water from
the main ditch, over different parts 0
said 'deser entry" AMI that sal
|'main ditch" also comes on said trac
of land; thus showing that the orig
inal "declarati III" of John HALEY G
intent to reclaim said tract of Ian
h,c koop o,rr,n1
That when the L. S. survey WA
made, and the local officers of tn
Boise City Land Office adjusted tn
said entry to conform to the Govern
ment lines, that sad adjustment wa
made to the nearest lines, and upo
lands of similar character. tn;
said adjustment included some lan'
near the river which were not include
in the original entry, and upon viii,
scattering cottonwood trees we
growing, as well as some brush. b
the mos, of said lands, thus Apr
prlatel by said adjustment, not in Il
original eutry, are gravel bars, boul
ers and river wash, with here and the
narrow streaks of alluvial soil, viii
produced some bunch grass, Sol
brush and a few trees. That ,
proof shows that some Of these sn,
strips of alluvial soil, ha
been put in cultivation by cert
Cinnamon for gardens, but have
been productive of vegetables with
artificial irrigation, as the .testim,
shows that for the season OF Is
these Chinese gardeners watered Il
gardens by handirrlgation, and t
in the year 1888, they CONSTRUCTED
irrigating ditch one and half n.
long to bring water upon those s
den spots.
That this class Of Testimony Nars