Arizona weekly citizen., 1891-09-12
LAND LAWS INTERPRETED.

AANo LA w - u ~ 4~4~A @->~
The following letter from Commission
er Carter Of the general land Office 10
prospective desert-land entryman is OF
interest in the west, inasmuch as 1t very
clearly answers q number OF questions as
to desert-land entries which seem to be
not generally understood. To his cor
respondent Commissioner Carter says:
81 have received your letter OF the
10th inst. which present the following
questions, viz:
"First-Where settlement is made on
unsurveyed land prior to August 80
1890. on which no filing can be made
until after the survey, is the land SO
settled up to be considered part OF the
800 acres to which settlers are now re-
stricted, or does the settler still have the
right to 800 acres additional?
sSecond-where such settler located
intending to pre-empt after survey, can
he still use the pre-emptlon rights? TX
SO. can he also use the timber culture
rights?
Third Must the s. per acre re-
CURED to be expended on desert claims
be expended for ditching and water
only, or will the cost of other improve
ments, such as buildings, fences, culti-
walton, etc, count? Must the entry
man put out the amount actually In
money, or can he value his own time
and his teams time consumed IN the
work at the usual wages Of the country
and apply the same?
"In reply l have to answeriyour ques-
tions in their proper order, as follows,
viz:
'First-Under the presumption laws,
repealed by the act of March 3, 1881,
and under the homestead laws, the
right might be initiated by settlement
and take effect from the date OF settle
ment, il the subsequent requirements
of the law were complied with in good
faith. Where settlement was made on
unsurveyed land prior TO August 3O,
1890, the right was then initisted by
such settlement, and would no. be af-
fected by the provision in the act OF
that date, restricting the requirement
Of title, under the land laws, to 800 acres
in the aggregate, but the claimant
would be entitled to enter, il otherwise
qualified, to the maximum extent OF 32O
acres independent of the area OF the
tract of unsurveyed land so settled upon
prior to the passage OF the act of August
so, 1890, imposing the restriction. (See
secretary's decision of December %,
1890, y L. D., SD.
"Second-If the settler. in the case sup
posed, eettled on the land in good faith,
intending to perfect title thereto under
the pre-emption 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 Sd, 1891, under the
provisions therein obtained, that all
bona fide claims lawfully initiated before
the passage of this act, may be perfected
upon due compliance with the law IN
the same manner, upon the same terms
and conditions, and subject TO the same
Limitations, forfeltures 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
on land before the passage OF he repeal
ing act could not be permitted on that
account to perfect title thereto under
the timber-culture law after the repeal
thereof.
"Third-The desert land law, as
amended by the second section OF the
act of March 3, 1891, provides that be-
fore the patent issues for any entry
under that law, the entryman, or his
assignee, shall have expended at least So
per acre in the necessary irrigation, re-
clamation 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 same.
81 am not aware OF any decision hav-
ing been rendered by the department
in actual cases in which the points you
present on this subject were passed
upon. / am OF opinion, however. that
the law intends that the expenditures
shall be for main canals and branch
ditcnes, and for permanent improve
ments contributing IN some way to the
irrigation and reclamation OF the land,
and for the purchase OF water rights for
the same end, and not for improvements
generally, or raising of crops after re-
clamation, not contributing TO the re-
clama alton, which is the chief purpose Of
Of the statute.
81 am of the opinion, also, that the
law contemplates an actual expenditure
of the amount per acre specified, and
think that II the work of the entrymen,
or of his team, is employed, the proper
value of such may be considered in COM
putting the expenditures made under the
statutory requirements"