The Billings gazette., 1903-05-15
ARID LAND COMMISSION VISITS
HUNTLEY FLATS.
SOME OF LAWS OBSTACLES
Reason Why It Has Been Found I'm
possible to Float Irriga.
tion Bonds.

Developments OF the last few days
warrant the belief that before lone
! something definite will be done in
the way of placing the states lands
on the Huntley flats on the road to
their ultimate reclamation.
Last Tuesday night Messrs. Hays
and Hudnall, the remaining members
| Of the state arid land commission
arrived from Helena and joined the
! chairman, State Engineer Wade. We'd
nesday the three made a visit to the
, lands and looked over the situation
and also mingled with the people with
la view to ascertaining the popular
sentiment hereabouts as to the dis.
position that should be made of the
land.
To The Gazette they said that no
definite conclusion had been arrived
at and that no formal action would
be taken by the board until after the
return of the members to the state
cauital. They said, however, that
their desire was to do something and
do it as quickly as possible, as they
realized the necessity of the speedy
reclamation OF the tract, whether by
the state or otherwise. While the
gentlemen would not commit them
selves, it was quite apparent that
they had been impressed with the
feasibility of the popular local wish
that the state surrender it's possessory
rights to the tract and permit it to
revert to the general government. AS
has been previously stated by The
Gazette, the belief here is that by the
surrender of the land and its reversion
to the public domain the likelihood
OF it's early settlement would be in
creased, as it is believed that the
western syndicate which has been
negotiating with the Northern Pa
cific company for it's lands in the same
locality would then be more likely
to close and begin construction of its
contemplated system of irrigation
The certainty OF securing water would
lead to the speedy entry of the gov
ernment land and consequent enhance
ment in value OF the syndicate's canal
Notwithstanding that the state law
has been amended and altered several
times, the same serious drawback to
state reclamation that formerly ex-
listed still obtains While the state
is authorized to float bonds or issue
warrants in payment OF the cost OF
the irrigation systems necessary to
reclaim the lands that it selected un-
der the provisions OF the Carey act,
it is enjoined from guaranteeing the
Indebtedness thus assumed. This un-
willingness on the part of the state
to guarantee payment has hitherto
prevented the sale of the bonds it
was attempted 10 float, as nobody
could be found who cared to buy them
with no other assurance of final re-
demption than that which is contained
in the provision creating an interest
and redemption fund from the pro-
ceeds of the sale OF the lands them
selves.
Stated in a general way, the law,
after prescribing the manner in which
surveys shall be made and water in
troduced on the lands sought to be
reclaimed, provides that the cost OF
reclamation shall be assessed equit-
ably against the land reclaimed, the
computation to be on the basis OF
each 40 acres irrigated. To this there
shall be added 20 per cent of the cost,
the money thus derived to form a
fund for the redemption OF the bonds
and payment of the accruing interest.
The law also specifically provides
that until paid the bonds and warrants
shall be lien upon the lands re-
claimed.
To this provision objection is made.
1t is held to be manifestly unfair that
an entryman who shall have complied
with, the laws as regards settlement
and payment for The land he may Sc
lect shall still be compelled to submit |
to the incumbrance of lien on his
holdings, Notwithstanding he may
have paid the state in full and has
received a patent to his selection. AS |
against this objection the argument