, 1885-09-06
DESERT LANDS.
Commissioner sparks 10 Special Agent
George of Wyoming.


Il am in receipt Of your letter Of the
4th inst, submitting observations upon
desert land entries in Wyoming. You
state that such entries are made upon
land not desert in character, and upon
lands In respect to the character Of which
you are in doubt; also that they are made
of subdivisions of sections along streams
for the purpose of controlling the water,
and thereby controlling the back country.
The law declares what lands shall be
regarded us desert lands under the act.
They are lands which will not, without
irrigation, produce some agricultural crop,
and the commissioner of the general land
office is to make the proper decision and
determination. 1t has already been de
cided that hay is an agricultural crop.
Lands, therefore, which naturally pro-
duce grass sufficient to make hay, are not
desert lands within the meaning of the
law. Lands that are partly desert and
partly agricultural, cannot be entered un.
der the desert act. No person is obliged
to take an entire section. He can choose
a smaller area if he desires, but the land
entered must be Of the proper character
in each of its subdivisions. The entry
must also be in compact form. Contig-
uity is not compactness. Entries are not
permissible III small subdivisions along
streams to control the water supply
"In making your investigations you vii
carefully and thoroughly examine the land.
note its situations, general features, and
particular character, and if you find it
non-desert you will obtain conclusive evil
dence of the fact. The testimony of per
sons who know the land, and are familar
with the character of similar lands should
be obtained.
Where lands are found to be desert in
fact, you will report fully in respect to
reclamation. and all facts bearing upon
~the'question Of compliance with the law.
IF you find entries irregularly made
for the porpose Extraordinarily controlling
water or access to other lands, you should
specifically report the facts no found.
AN important feature of YOU in
quiries will be the ascertainment OF the
fact whether the entries are actually made
by the persons in whose name they appear,
and for their own exclusive use and bene-
fit, or whether they are made by the pro-
curement or in the interest of others, and
to control and ~monopolize great quanti-
ties of land, The law restricts entries to
GAO acres to any one person, and evasions
Of the law for the acquisition Ola greater
acreage to any person or corporation must
be discovered and suppressed. Transfers,
assignments, aud agreements to sell or
convey, made before patent has issued,
are to be inquired into and evidence
thereof obtained,
''The control of the land entered Is a
matter to be particularly embraced in your
reports. Who claims the land. who uses
it, and for what purpose, whether it is a
part of some enclosure of public lands,
are subjects for special mention. The
connection between such parties and the
entrymen must be ascertained. When
you find that entries have been falsely
made, that perjury and subornation of
perjury have been committed, or that u
conspiracy to defraud the United States
is committed, you will secure the proper
! Ill. .l .M... 4 A.