, 1900-05-14

Washington, D. c., May 1O.-Sena-
tor Nelson Of the senate committee on
public lands, has submitted an inter-
esting report favoring the passage of
Senator Warren's bill for the relief of
persons who made the first payment for
desert lands under the act of March 8,
1877. but who were unable to perfect
entry thereof.
The report in part recites:
III this bill shall pass and become a
law, the loss and gain account between
the government on the one side and
the entryman on the other would stand
about as follows:
Il. The government loses nothing
whatever. It simply pays back some
OF the money 1t received several years
ago, without interest on the same, for
which it gave nothing Of value what
ever.
20. The government gains (a) the
use of this money since paid in up to
the time OF proposed repayment; OBJ
a cancellation against each entryman
Of his desert entry right, in that the
entryman cannot again enter desert
lands. ,
"As TO the settler it is different. His
losses are:
81. His desert entry right has been
exhausted.
"2. He will have lost the use Of his
money during the intervening years.
"3. And a point Of much more i'm
portance. he will have lost all the
money expended in Improvements upon
the forfeited land, such as bitches,
fences. buildings, etc, because the land
has reverted to the government
The proposed measure restores soma
part Of the losses of the settler by re-
turning to him a part Of the gains Of
the government, but even after this
measure Of partial justice the advant-
ages are still with the government as
against the entryman.
"In many OF the western states and
territories there were vasta areas of pub
lie land which in their natural condi-
ton were arid and reproductive. and
to which the presumption. homestead,
and other existing land laws were so in
applicable that no effort was made to
acquire title to them under these laws.
1t was known that portions Of these
lands possessed a rich soil. and II sub
jected to artificial irrigation would be-
come highly productive.
LAS an inducement to their reclama-
ton the act Of March 3, 1877, was pass
ed, whereby 1t was provided that any
citizen Of the United States. or person
who had declared his intention to be-
come such. could. upon payment Of rs
cents per acre, file a declaration under
oath with the register and receiver Of
the local land Office, announcing his in
tention to reclaim a stated tract Of des-
art land not exceeding one section. by
conducting water upon the same, and
that at any time within three years
thereafter, upon making satisfactory
proof of the reclamation Of the tract.
and upon the payment Of the additional
sum Of 81 per acre. the claimant could
obtain a patent for the land. This act
was by It's terms made applicable to all
lands, exclusive of timber lands and
mineral lands. which will not. without
irrigation, produce some agricultural
CROP
THE circular OF instructions Issued
by the general land office 49, clear
ly recognizes the assignability Of desert
land claims.
Acting under these instructions as
signments Of desert land claims were
sustained by the general land once, and
this practice was continued until about
April Is, 1880, when the secretary OF
the interior, in the case Of ). w. Dow
ney held that desert land