, 1889-08-21
A LETTER.

magnitude of the papers scope. In eff
feet the secretary decides that under the
law passed by congress last winter all So
called desert land in the arid region Of the
West is now practically segregated for
governmental use. ANY desert land that
has cen occupied since the passage OF
the act may be perfectly reclaimed by the
government may subsequently issue hin a
patent for it. But should the director of
the government irrigation works happen
along in years from now. as the law now
stands he can segregate this land and
the title becomes OF less value than the
paper upon which the patent is written.
The secretary is altogether right when
he says that there doesn't appear to be
any thorough understanding of the law in
the West If the law means, as the sec
rotary says it does, that the desert land
laws are superseded and no longer in
force so lar as the arid region is con
ccrned, he is certainly eminently correct
in his conclusions. The people of the
West do not know that the desert land
laws are no longer in force although they
are under obligations to the secretary for
telling them SO.
The subject is ore of vital interest to
the people of Wyoming. Territorial En-
gineer Mead has written to Secretary No
Bile for an Interpretation OF his interpreta-
ton of the law and we will lay it before
the readers OF The LEADER as SOON as it
arrives. Meanwhile we give the context of
Secretary Mobiles letter which will open
the eyes of many people to the extraor-
binary position in which congress has
placed the desert land laws:
DEPARTMENT OF THE InTERIoR. WASH
ISdToN, d. c., August Bird, lSs9.-Hon.
G.. L. Shoup, Governor, Boise City,
Haho:-I have Just received the resolu-
ton adopted by the constitutional SON
~vention transmitted by you to me through
telegram. A full reply to this question |
think is found in the following provision
of the appropriation act Of October 2,
1888. which reads as follows:
For the purpose of investigating the
extent to which the arid region OF the
United States can be redeemed by irriga
ton, and the segregation of the irrigable
lands in such arid region, and Tor the Sc
lection of sites for reservoirs and other
hydraulic works necessary for the storage
and utilization of water Tor irrigation and
prevention OF floods and overflows, and to
make the necessary maps, including the
a ri nmnlnuaaa IN fold and in nfhaa tho
cost of all instruments, apparatus and
materials, aud all other necessary ex-
penses, connected Herewith, the work to
be performed by the geological survey,
under the direction of the secretary Of the
interior, the SUN of one hundred thou.
sand dollars or as much thereof as may be
necessary is appropriated.
And the director of the geological
survey. underline direction OF the secre-
tary of the interior, shall make a report
to congress on the first Monday in De-
cember of each year, showing in detail
how the said money has been expended,
the amount used for actual survey and
engineer work in the field in locating sites
for reservoirs, and an itemized account of
the expenditures under this %appropria-
ton. And all lands which may hereafter
be designated or selected by such United
States surveys for sites for reservoirs,
bitches or canals ior Irrigating purposes
aud all the lands made susceptible of irri-
CATION by such reservoirs, bitches or canals
are from this time hence!orth reserved
from sale as the property of the United
States, and shall not be subject, after the
passage of this act, TO entry, settlement
or occupation until further provided by
law.
Provided. that the president may at
any time in his discretion by proclamation,
open any portion or all of the lands re-
served by this provision to settlement uns
der the homestead laws"
This is the law of to day, unreversed,
unrepealed and in full force. You per
ccive its vast extent and the immense
consequence that will follow therefrom in
the direction that your resolution points
unless there be further action in regard
thereto by congress. 1t follows nccessar-
lily hat the spectators, corporations or
other persons referred to in the resolu-
tion. are under the effect OF this law and
unable to obtain the advantages that you
say they are seeking; unless the law is
repealed or the president opens the lands
tasettlement under the homestead laws,
the government must have, and will take
eventually, absolute control of every acre
of arid land that may be redeemed by the
system of reservoirs, canals and bitches as
provided in the appropriation act men
toned. The subsequent appropriation
act has not affected the above provision.
This, l think. is a full solution of the
whole trouble between the Territory of
Idaho and Utah, and parties entering
upon these lands in either territory will
be subjected to the superior title and fur
Their control of the United States. I
have directed the commissioner of the
land Office to notify the geological survey
to proceed rapidly with the surveys on
Bear river. The statute, you observe, re-
serves these lands from the date thereof,
aud the assistant attorney general of this