, 1889-08-24
Jy0. y. CARROLL. EdIt,
IT O BETTER.

An ofnclal circular 10 registers n re-
ceivers issued by Acting Commissioner
Stone Of the general land Office reached
this city last evening. IL is on the sub
ject of segregation of desert lands in the
arid region and is not so radical in tone as
that written by Secretary Noble and pub
lishcd IN these columns a few days ago.
Information having reached this de-
partment. - says the circular, that par
ties are endeavoring to make filings on
arid lands reserved for reservoirs, irrigat-
ing bitches aud canals. and for the pur-
pose OF controlling the waters of lakes and
rivers and their tributaries in the arid re-
gions, | am directed by the honorable sec
rotary OF the interior to call your special
attention to the act OF congress approved
October >, 1855. u. s. statutes at large,
vol. 25, page 25G, as follows;
For the purpose of investigating the
extent TO winch the arid region OF the
United States can be redeemed by irriga-
ton, and the segregation of the lrrigable
lands in such arid region, and for the Sc
lection of sites for reservoirs and other
l1hlahaii . hLltFcaA1 " u HiOihkG
aud utilization of water for irrigation and
prevention OF floods and overfiows. and to
make the necessary maps, including the
pay OF employees In field and in office, the
cost OF all instruments, apparatus and
materials, and all other necessary ex-
peuses, connected Herewith. the work to
lie performed by the geological survey,
under the direction OF the secretary OF the
interior. the sum OF one hundred thou
sand dollars or as much thereof as may be
necessary is appropriated.
Aud the director OF the geological
survey, under the direction of the
secretary of the interior, shall make a re-
port tn congress on the first Monday IN
December 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 iteniZed account of
the expenditures under this appropria-
ton. And all lands which may hereafter
be designated or selected by such United
States surveys Tor sites for reservoirs,
bitches or canals Tor irrigating purposes
and all the lands made susceptible of irrl-
cation by such reservoirs, bitches or canals
are from this time henceforth 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. hat the president may at
IN time in his dis rretion by proclamation,
open any portion or all of the lands re-
served by this provision to settlement I'M
der the homestead law.
THE object sought to be accomplished
by the foregoing provision is unmistak-
able. The water sources and the arid
land, that may be irrigated by the system
of national irrigation are now reserved to
be hereafter, when redeemed TO agricrl
ture, transferred to the people of the ter
%ritories in which they are situated for
homestcads. The act of congress and
common Justice require hat they should
be faithfully preserved for these declared
purposes.
The statute provides that all lands
which may hereafter be designated or Sc
lected by the geological survey as sites
for reservoirs. bitches or canals for irri-
eating purposes, and all lands made sus
N'Illpit Va illEaAAOh w hNh AINtl NOliSf
bitches or canals are since the passage of
said act absolutely reserved from sale as
property of the United States, and shall
not be subject after the passage of the
act to entry, settlement or occupation un
I'll further provided by law, or the prcsi-
dent, by proclamation, may open said
lands to settlement.
Neither individuals nor corporations
have a right to make filings upon any
lands thus reserved, nor can they be per-
mitted to obtain control of the lakes and
streams that are susceptible of uses for
irrigating purposes.
You will therefore Immediately cancel
all filings made since Oct .. 1888, on
such sites for reservoirs, bitches. or canals
for irrigation by such reservoirs, bitches
or canals. whether made BY individuals or
corporations, and you will hereafter re.
ceive DO filings upon any such land.
This order you will carry into effect
without delay"
This circular puts a decidedly different
face on the matter. Instead of segregat-
ing all land without reference to the fact
of whether or not the geological survey
had made a selection of it, as Secretary
Mobiles letter indicated, the law is con-
strued to apply only in such cases as sur
veys have actually been made. Therefore
if the construction OF Commissioner Stone
Is to be accepted the law does not at pres
ent apply to Wyoming at all.
G.. A. II.
The National Encampment of the G..