Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-06-13
STRANGE AND UNEXPECTED
Decision in The Saline Land Contest
by the United States Land 0llcGvS.
THE DECISION APPEALED
by the Defeated Lltlgants 10 the
United states Land Commission
at Washington.

~ HH''hN NhN hhFA iNNN'u utNlhluu
has just been rendered by the local
United States land officers In the saline
land contes, o; the United sta ties and
jeremy a Co. VI. Alfred Thompson, In
favor Of the latter. The opinion Il
given below In full.
IS rnE uSIrEp STATES LAND OFFICE. !
SALT LAKE CRY, Utah. June $, 1891.
The United States aud Thomas J. Almv,
Thomas Y. Jeremy. Jf., and Levi Reed,
DOING business under tho name Of Jeremy
lot No. u section n, lot No i OF section
W, township I north, range 3 west, lie
south ono half Of southeast quarter and
lot 4 Of section 10 the northeast quaftef.
the Houihoast quarter aud lots /, 2. D and
Of section ~, township north. range 3
west, Salt Lake meridian.
HISTORY or rmE LAND AND erArguENr
% Tnh oAsEi
Tho above tract. or land were iirs, on.
tofvd November 4, 1889, by I.ovl Reed.
under the desert land law. Some time
In the lall " ls-i The entry WAS roiin.
pushed and formally cancelled by hon.
prablo commissioners luitor "C.m 0f No.
yombcr 70, ISIS.
On December ., isss. thoy were again
entered under the same law by Prod. H..
Mndgim.
on August ~. iss7. Alfred Thompson
Initiated contest, alleging substantially
that the entry was fraudulent. that II was
made with the understanding that Il was
toibu assigned 10 other parties aud with
no Intention of rcclalmihg the land.
A hearing was held nj this oflico Feb.
Tuafy 2, ISIS. On tho testimony given a.
that hearing tho officers decided tho
chafgos susiaincd.aul recommended that
before the preference right of entry
bo granted the Huccessiul contest
ant, Investigation be- made " ~ tho char.
meter ~ tho land. From tho decision the
defendant made no appeal. but tho c1n.
tostant appealed from 10 much Of II a.
Affected his preference right.
Ivy letter "Hn of May 3, isal, tho hon.
commissioner ordered the cancellation ~
tho entry and awarded preference right
tn tho c1ute-iAnt"u his showing hy
satisfactory pruofio tho register and ~.
csivor that there arc not within the lim.
IT, ct said Tract, saiinr."
on June n, isio, anil before tho con.
te.'uni had attempted 10 exercise bis pro.
iorrncr right, Thomas J. Ahny. through
bis attorneys, Bird a Love, nlud an am.
dayit, cofruhoaiel By Low Rect. Thorn.
~ D. Joromy, Jr, =. fuwson smith,
VIM. u. shelton aud A. 4. nofrmns, ai.
lczinR that tho lands Ia question we're
essentially saline lands and hal htcn
used Tor trade and business COR many
years past, That they we're no, agfl.
cultural lands Ia characier, and could
mt br reclaimed. aud wcrr not therefore
sulJeclio oniry under tho Desert Land
law.
Whom. on July :. ispo. tho successful
contestant sought 10 exercise his right
aud enter tho lands under the Desert
Land act, this Office, In View ~ the
strong assertions that hal boon made ~
20 uluir non-doaeft character. could only
suspend the application aud onioT hear
ing 10 determine tho controversy In con.
fofmiiy with tho rule, governing such
eases. Accordingly, q hearing was ordered
for August ~, ial0. and all parties In In
forest notified. OnthAt daie tho caso VA,
callcd aud un afillavit, presented Ia rcgu.
lar form by tho applicant, WAS continued
h. November I, ispl, on which dAto II
was AGAIN called. nnl the taking ~ tosii.
mony continued nom day 10 day until
December 1t, and ihon submitted.
DECISION or rus nE1isrEn AND nE.
Crivnn.
Tho evidence, although yolumlnout,
was pretty closely confined IN tho ono
question In controversy, whether the
land was ~ saline Ia character a. 10 make
II beyond the hope uf reclamation by the
usual methods employed In irrigailng
aud rcieaming arid lands. On this quess
tlpn. however the testimony 10 30 square
ly conflicting that II II extremely diihruli
70 arrive At satisfactory conclusion,
Those soaking Ia establish Tho saline
character ~ tho land Introduced some
very strong expert testimony tending ~
show that The soil has become ~ impfog.
mated with salt a. 10 mako u lmpractl1'
ahla 81 reclamation io the extent that u
would produce crops, aud on account 81
their theory, and on account Of the pgfl-
odical obb aud dow " Tho Great salt
lake, must always tomaln 70, ON tho
other hand, tho applicant, by testimony
entitled Ia lust ns much weight, seeks 10
establish tho fact that by breaking the
dams that rolain tho salt water on the
land, allowing this water Ia seek The now
lower level 81 tho lake, protecting the
land from future overflow nom that
direction by system OF dykes uf
loyoss, aud then 10 thoroughly
"bleach" Il out 10y plentiful supply 81
fresh water, which they claim can b. bal
that ID eau within reasonable length OF
tlme be reclaimed and made productive,
We take u, however, that tho result OF
such an attempt, whether a succnst oI q
failure. II aief an only question boz
tween tho Government and tho entry
man. N there arc any equities In tho
matter, IL appears Ia u thai they arc On
tho sidp 81 tho applicant, who, through
two long aud expensive contests, has
only oontended for bis right under tho
desert land law % endeAynr 10 reclaim
arid land. ifho nails then, ~ tho end Of
the statutory period, tho uoyonimenl
can cancel tho entry. Under All tho elr.
cimstnnces, Il, IN our opinion, would
al tho prasont time work hardship %
rofisa 10 allow him tho right 10 make tho
oiioIt,
~. ID. n. Tarpy ani tho Central Pacific
Railrnal, heard before this Office IN
March. 1851. aud decided IN faYor ~ tho
railroad, which decision was aalImod by
iho Honorable Commissioner u a some
what similar case. In both instances tho
salt water IL not u natufal oNudaiion oi
the soil, but l. gotten aud retained ON the
land hy artificial means until tho AN
4. formed hy tho solar process, Ia that
ease tho Honorable Commissioner says
.'lhe question ~ 10 whether THIS laud 4,
Agricultural In character a. claimed ~
tho nlniostoe, tho evidence dlsclnseH tho
hct that greater part Of tho lana u GOV.
cred with sage brush, grease wood Hhad
scale. white sage and bunch gnisi, ANA
much OF the same character ~ all other
land Ia tho Great Salt Lake basin con.
tiguous 10 these lands In question. Ihai
tho history OF tho latter WAS nat lhey
could not ho successfully cultivated a!
nrsi, but nftcr being thoroughly hoodoei
and Irrigated, produced excellent crops
We arc ofthe opinion that tho lHnhs ,h'
...t,....l l., ti,F. entta.t ara not naturally
saiina a. contemplated by tho law con,
i ~, Ia,,Is THAT they should