The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1894-04-12
As TO TTMBER-CULTURES.


When the timber-culture law was re-
pealed, congress passed law which
practically said to the holders OF claims
under the repealed act: "Come in and
show that you have staid with your
claim in good faith for the planting
period Of four years, and you can have it
by paying dollar and quarter an acre,
whether you have succeeded In raising
trees or not" This is what the enact
ment amounted to reduced to simple
terms.
Now 1t happened that the commission
err Of the general land office, in fixing up
regulations tor the execution Of the old
law, mentioned that trees must be water.
cd, ii 1t should be found that they would
not grow without. That is, a timber-cul-
ture entryman would not be excused for
not growing trees unless be could show
that be had irrigated. That regulation
went along with the requirements that
made the existence of trees the prime
necessity. Under the Communication
clause Of the repeating act, no trees are
required, and so no regulations looking
to . growth Of trees apply farther than a
showing that the experimental duly
plowed and planted. That was all that
was expected Of him in the four years,
anyhow.
The local land Office on Saturday re-
ceiyed decision from the commissioner
of the general land office which in
marked degree accumulated the intention
Of the law a. 1t stood before repeal, which
decision gives assurance to many who
now hold claims, and who have complied
with the law. though without the ability
to get water, that they may go on and
commute without fear OF losing their
claims through o technicality, even
though they may be contested.
The case is that Of ssylor vs.. Beckner.
Saylor attacked the timber-culture claim
Of Beckner, which is located near the
town Of Sunnyside, where land is very
valuable, and much stress was put upon
the testimony adduced to prove the alb
sence Of water on the claim.
The register and receiver decided in
favor OF Beckner and recommended that
the contest be dismissed. This was last
October. Now comes the decision OF the
commissioner, which sustains the register
and receiver, and orders the contest dis
missed. In arriving at this conclusion,
the commissioner says:
"The defendant has evinced the best Of
faith, aad am OF opinion that this con-
test was brought on technical charge OF
noncompliance with the law with the
view Of securing tract OF land made
valuable on account of the means OF re-
clamation being at hand"
Commissioner Lameroux has hit the
nail squarely on the head. This is the
pith Of the whole matter, and he deserves
the credit Of having discovered certain
important existing conditions hereabouts
that have too often been either unknown
or ignored. The very men who have
been contesting claims in Sunnyside have
been here for years, and might have
taken their pick OF all the best; but, in
stead, they waited till others had by their
faith and expenditure and patience made
all the land valuable by reason of the
improvements projected for all, and, at
the last minute, attempted to get the best
away from the holders. 1t is condition
Of things well understood in a region
where irrigation, with all the difficulties
attending its Inauguration, is the main
feature in the country's development.
The commissioner also takes occasion
to remark, in the course of bis decision,
that when the entry was made water was
not known to be absolutely necessary to
growth OF certain kinds of trees; and also
that the law does not require impossible
ties The decision win bring TO many an
anxious and waiting claimant just the in
formation that he needs to brace himself
up after q long siege Of discouraging cir
cumstances. 1t begins to look as though
those who in good faith start in to con-
quer the sagebrush may be permitted to
reap the fruits OF their efforts.