Fergus County argus., 1903-09-16
IMPORTANT DECISION.

Recent Ruling Of Secretary of Inter.
lor Relative to Desert Land Entries.
A recent decision OF the interior de.
partment. made by the assistant sec.
retary, relating to what constitutes
cultivation and reclamation under the
desert land laws, is of great interest
in Montana, in that the decision re.
verses the ruling and practice OF the
commissioner of the general land of
fee and of the local officers. The de,
cisiOn arose in case that was before
Wyoming Land Office, and copies OF
ii have been received by the Montana
land officers.
Acting under the orders OF the com.
missioner of the general land office
il has heretofore been the rule of the
land officers To turn away desert land
entries which did not show in them,
selves the results of cultivation prac,
tically. not theoretically In other
words the commissioner ruled that
the growth of grass over previous
growth on a desert lana claim did not
constitute cultivation; that one-eighth
OF each entry must be plowed. and on
that proposition many desert land en-
tries have been turned down by the
land office each month.
Effort in Good Faith.
The decision of the secretary of the
interior changes all that. The decis
ion says: ANY effort made in good
faith by a desert land entryman to
produce crops of any kind on the land
which demonstrates the fact of recla
nation. Is cultivation within the mean
ing of the fifth section of the act OF
March 3. 1881. A showing on the
part of the desert land entryman that
as a result OF irrigation of the land
there Is a marked Increase in the
growth OF native grass thereon, suffi,
cient to support stock. is sufficient
proof OF cultivation. 1t is shown by
said proof that as a result Of irriga
lion of the land in question there is
marked increase of growth in the
native grass on the entire tract. In
your decision il Is held that the mere
increase in the growth of natural
grass Is not deemed sufficient when
the soil is such that plowing and stir.
ing the same would not be detrimen.
tai thereto. and you direct the local
officers to notify the entryman and
any other party at interest that un-
less one-eighth cultivation. as above
indicated, is shown in sixty days. or
an appeal taken, the final certificate
which Is hereby held for cancellation
will be cancelled without further not.
ice from this office.
Tho apnaoIal fppp,
said decision TO this department The
proof shows that the entryman owns
sufficient water to irrigate the land
in question and that he has by irriga-
tion bitches conveyed water over
each subdivision of the land. as a re.
suit OF which there is marked in
crease in the growth OF the grass.
Cultivation and Reclamation.
The secretary then goes on TO state
that. while none of the land in ques.
tiOn had ben plowed, the increase in
native grass alone would indicate a
cultivation and reclamation from a
desert condition, which is said to bc
tn" meaning of the act The prOvis.
ion of the law which says that there
must be proof of "thc cultivation Of
one-eighth of the land is taken IA
mean that an effort made in good
faith TO cultivate any kind of crops
would meet the requirement Of the
law. and Is cultivation within tho
meaning Of the statute, 1T does not
appear" says the decision in cOnclu
sion. what amount Of grass has been
produced. or how II has been used
il Gt all nor is il necessary that this
should he shown, but the proof shows
that grass sufficient 10 support stock
has been produced on the land. This
department finds, therefore, that the
proof is sufficient to meet the require
ments Of the law as 10 cultivation and
your said decision is therefore rover
,ed and said final certificate will rc
main in full force"