Arizona weekly enterprise., 1888-07-14

 sonorous coal, fire of which is al- most as inteuse as one of anthracite; travellers across the desert country where it abounds rely upon it for fuel, the roots being found almost every where; where frequent fires destroy the trees the roots remain untouched, throw up a yearly growth of small stems, and thus continue to increase in size, while the growth above ground is destroyed every year or two, etc.
 In the report of the Commissioner of Agriculture for 1870, page 40, this tree Is spoken of as 'The common tree of the deserts" And in the same re- port for 1872, page 452, it is sad: "It (the mesquite) grows where no other fruit tree would live"
 The views of the present Commis- sioner of Agriculture upon the sub ject were, upon request, furnished this Department by letter, dated Oct. 9, 1887, That officer says:
 "For the region referred to (Arizona) the mesquite fulfills the function of q forest tree -. Not only does the mesquite form the only wood material in the region, inferior though 1t be ex- cept for fuel but its existence in the dwarfed growth-which is partly due to climatic conditions, partly to brows- ing animals, and (un)avoidable fires is of great future value, etc."
 From the foregoing, think it clear ly apparent that mesquite trees will grow upon land which will not, with out irrigation, produce an agricultural crop. It does not follow, however, that land will not produce an agricul- tural crop simply because mesquite trees are found growing thereon.
 The object of the desert land law is to reduce to an agricultural state lands which will not without irrigation pro- duee an agricultural crop. think it can be fairly gathered also from the act and the lands" as used therein did not have reference to land upon which there were but few mesquite trees.
 It was well known at the time when the desert land law was enacted by Congress (and it must have been known to that body) that in the region of country to which its application ex- tendc l there were extensive areas of land which in the main possessed the characteristics of desert land i'll that they were hilly and rocky, but which were covered with a valuable growth of timber. Such lands would not pre- | duce an agricultural crop after the | timber had been cut from them with out first being irrigated, and in many instances even irrigation will not make them productive. They were valuable chiefly for their timber It was to such lands that the exception in the second section of the desert land act applied, and not necessarily to lands upon which mesquite trees were grow ing. If lands are not hilly and rocky and are covered with timber, they can not be entered under the desert land act. They must be entered either un- der the timbeer land act, or under the settlement laws. If the lands are not hilly and rocky and have but ordinary timber trees upon them, they are not subject to entry under the des ert land act, because the existence O such trees Is evidence of the fact tha
 
 the land is not desert. If the ordinary forest trees will grow upon land, there IS sufficient moisture in the soil tC render the land non-desert in charac ter. But as before shown, the fac that the mesquite trees grow upol land is not evidence of the non-deser character of the soil
 From all which 1 am clearly of opin ion, Therefore advise you, that whcr, it is clearly shown that the land with out irrigation will not produce al agricultural crop, 1t is subject to entr, under the desert land act, even if sucl land has some or even considerabl growth of mesquite trees upon it. Tn mesquite is, sometimes at least, des crt tree, as sage brush is a desert shrub and the character of the land must b determined by the ether rule laid dow , by the statute. Nor can the mcsQuit r be regarded as timber, and thus atfeC : the question.
 , do not find anything in the circl ] lar of instructions to the contrary ( s thus rule But it may be well to giy } some expression to it in the new ed f ton about to be prepared, and yo - will conform to it in the determin; , ton of cases hereafter.