Arizona weekly citizen., 1889-06-15
DESERT LAND ENTRIES
Does Sacaton" Grass Indicate Desert Land? The Question Being Con- sidered in the Land Office.
(Herald.)

The memorial passed by the Fifteenth Legislature, and forwarded to the Secre- tary of the Interior, concerning the rul- ing of the Land Commissioner on "Sac- aton" grass. which shut out all lands from desert entry which produced it, has been replied to by Land Commits sioner Stoekslager. By the courtesy of Secretary N. O. Murphy we are able to give to the public and interesting bit of information:
 DEPARTMENT OF THE INTERIOR, ]
 GENERAL LAND OFFICE,
 WASHINGTON, D. C., April 20, 1889. The Honorable Secretary of the Interior: SIR:-I am in receipt by departmen- tai reference for report, of the following memorial of the Territorial Legislature of Arizona, viz:
 MEMORIAL.
 To the Honorable Secretary of the h.
 terior:
 Your memorialist, the Fifteenth Leg islasive Assembly of the Territory of Arizona, would respectfully represent, that
 WHEREAS, Your honorable predecessor has decided that any land whereon a crop of hay can be cut, is to be exempt from the provisions of the Desert Land Act; and
 WHEREAS, Under this ruling numer- ous bona fide entries under said Desert Land Act have been suspended by the General Land Office; and,
 WHERE IS, By such aforesaid ruling of the General Land Office great hardship has been caused to bona fide settlers, and the development of this Territory thereby been retarded:
 Therefore, We respectfully request that your honor take action and modify the ruling of your honorable preeessor so as to include the grass known as ''Sacaton" from the provisions thereof, and the Secretary of the Territory be requested.to forward copy of this memorial to the Honorable Secretary of the Interior. CHARLES R. DRAKE,
 President of the Council
 JOHN Y. T. SMITH
 Speaker of the House of Representatives
 have the honor to submit the fol lowing report on the matter indicated in said memorial:
 l. Ever since the passage of the Desert Land Act. on March 3, 1877 19 Stat, STD it has been the uniform rul- ing of the Department that land which will produce a remunerative agricul- tural crop, without artificial irrigation, Is not subject to entry under said Act.
 In the case of Lay vs. Hunter, l.. D., 11, Acting Commissioner Harrison on June ', 1883, referring to the fact that the land in question produced grass suitable for hay, as part of his reason for holding 1t non-desert. It has been clearly held since then that hay is an agricultural crop, and land that pro duces hay in paying qualities can not be entered under the Desert Act.
 2. Whether the grass referred to in this memorial should be classed as hay producing grass or not Is a different question. l have had occasion to con sider it to some extent, prior to receiving the memorial, and have about reached the conclusion that the growth of Spo- robolus Wrightii, or "Sacaton," on land otherwise clearly desert, should not be held to preclude the entry of the land as desert. Enclosed find a copy of a let ter from the director of the Geological Survey on this plant. (See Exhibit "A. ') I may say in this connection that there has been no decision holding this to be a ay-producing plant made in this office so far as I know.
 3 It is impossible that this memorial has it's origin in certain proceedings now pending in this office against thirteen desert entries in Arizona on special agents reports. The entries have been held for cancellation on the report of the special agent in each case, that the land is non-desert; that would and did, produce crops of hay, corn,etc., without irrigation. There is nothing in the rec ord to indicate that the special agent based his report on the growth of "Sacaton" on the land, but in a petition which was received in this office March 30, 1889, signed by one of these entry men, it is assumed that such was the basis of his reports, as to the produc- tion of hay, at least. Hearings have been ordered in these cases, at which all the facts will be developed. and es- pecially the nature and uses of this par ticular this grass.
 l think it will be best to await the rel ceipt of the records in said hearings, be- fore taking official action on the ques- tion presented, and shall not, therefore, unless instructed to the contrary, make a decision thereon until said records are received. Respectfully,
 5. M. STOCKSLAGER,
 Commissioner.
 DEPARTMENT OF THE INTERIOR, | UNITED STATES GEOLOGICAL SURVEY.
 MY n. ~ = A