The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1891-09-03

expended for ditching and water only, Of
will the cost Of other improvements, such
as building fences, cultivating, etc, count
Must the entTyman pay out the amount
actually in money, or can he value his
own time and his teams time consumed
in work, at the usual wages Of the coun.
try, and apply the same3"
Mr.. Carter answers the question In their
proper order, viz:
First-Under the pre-emption laws,
repealed by act Of March 8, 1891, and
under the homestead laws, the right
might be initiated by settlement, and
taken effect from the date Of settlement,
II the subsequent requirements Of the law
were compiled with in good faith. Where
settlement was made on unsurveyed land
prior to August 81, 1896, the right was then
initiated by such settlement, and would
not be affected by the provision in the
act Of that date, resurecting the acquire
ment OF title, under the land law, to $40
acres in the aggregate, hut the claimant
would be entitled to enter, il otherwise
qualified, to the maximum extent Of 800
acres, independent Of the area Of the
tract OF unsurveyed land so settled upon
prior to the passage Of the act Of August
80, 1899, imposing the restriction.
SecOnd-If the settler, 10 the case sup.
posed, settled on the land in good faith,
intending to perfect little thereto under
the presumption laws, his claim thereby
initiated may be perfected after survey,
notwithstanding the repeal Of the pre-
emption laws by the fourth section Of the
act Of March 1881, under the provisions
therein cotained, that all bona fide
claims lawfully inflated before the pass
age Of this act, under any Of said prOvis-
ions Of Law SO repealed, may be perfected
upon due compliance with law in the
same manner, upon the same terms and
conditions, and subject to the same lin
itations, forieitures and contests, as Il
this act had not been passed" A timber
culture claim could not be initiated by
settlement, but only by proper entry at
the district land office; hence, a party
CLAIMING to have settled upon land before
the passage Of the repeating act could not
be permitted, on that account, to perfect
title thereto under the timber culture
laws after the repeal thereof.
Third-The desert land law, as amen
ded by the second section Of the act Of
March 8, 1891, provides that before the
patent issues for any entry under that
law, the entryman, or his assignee, shall
have expended at least g per acre in the
necessary irrigation, reclamation and
cultivation thereof, by means Of main
canals, branch bitches and permanent
Improvements upon the land, and in the
purchase Of water rights for the irrigation
Of the same.
am not aware Of any decision having
been reached in the department in actual
cases in which the points you present on
this subject ware passed upon. l am Of
the opinion, however, that the law in-
tends that the expenditure shall be for
main canals and branch bitches, and for
permanent improvements, contributing
in some way to the irrigation, reclamation
and cultivation Of the land, and for the
purpose Of water rights for the same end
and not for improvements generally,
or raising crops after reclamation, not
contributing to the reclamation which is
the chief purpose Of the statute.
am Of the opinion, also, that the law
contemplates an actual expenditure Of
the amount per acre specified, and 'hinkL
that IL the work of the =