The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-03-01

are essential facts which must in all
cases be clearly established bv the
proofs. Actual tillage must as = ru,a
NC SHOWN. If, however. it be shown,
ana is must be made to conclusiva,v
50 appear, that because of climatic
coiluitlons crops other than grass cam
not De successfully produced or that
actual ullage of the soil will DESTROY
or lnJure its productive uualitias +ho
'o"i production Of crop of hay of
| iaerchantable value as the result of
| actual irrigation may be accented &c
compliance with the re-
quireilehts as to cultivation. Proofs
winch show that because of irrigation
thefe is on the land "a marked in
~ie"se the growth of grass" or that
! grass sufficient to support stock has
oeen produced on all the land" will
! NOT De accepted as showing commit
ahce with that provision of the amen
uatory act OF 1891 that proof shall
De further required of the cultivation
OF one-eighth of the land"
ms ruling directly affects appi-
Giants for patents to lands under a
number Of large IRRIGATION bitches in
several OF the western states. Under
TINS decision the mere presentation
OF water right secured BY p.lrchase
from company VIII not be considered
sufficient proof. 1t must be accom-
panied by conclusive evidence that
the capacity of the ditch and the wafer
supply are sufficient to irrigate the
land, that the ditch company has ac-
tually supplied the water REQUIRED
and that the land has been actually
cultivated
1t has frequently been the practice
of large canal companies to sell water
rights far i'll excess of the water sup
ply or the carrying capacity of the
ditch, and this decision, by rendering
such water rights of no value as proofs.
may serve to protect innocent pur-
chasers who contemplate taking up
homes on desert lands in the vicinity
of these canals.
Senator Foster has been assured by
the secretary of agriculture, that a
modification of the game regulations
in Alaska will be made for the pro-
lection of sheep on Kodiak Island.
The Frye Bruhn Beef and Packing
company of Seattle, recently COM
planned that the big bears on that is
land were killing off large numbers of
their sheep and that in the scrim-
mage a dozen or more bears also had
killed. The employees of the company
were arrested for violatio of the
Alaska game laws and the matter
was placed before the secretary of ag-
triculture, who has Jurisdiction in the
premises insofar as the regulation is
concerned. Secretary Wilson says:
Sheep and Bears Disagree.
when the Alaska game law was
enacted there were few, if any, sheep
on Kodiak Island. and the strong OBJ
Lection now manifest to the protection
Of bears on the island did not then
Iexist Evidently bears and sheep can
mot run at large OH the same island
without resulting in the loss of the
| sheep.
THE department has no desire to
have the bears protected at the ex-
pense of the sheep owners. but believes
that under the existing laws regu1a-
tons may be made, by extending the
open season. which will relieve the
| present difficulty. The department Is
now preparing a modification or the
regulations covering this point. to take
| effect at an early date, and hopes al
the same time to meet the other OBJ
| iections which have been raised
against the law. The act of June I.
1902 was purposely made elastic TO
meet new conditions as they might
arise. and change in the regulations
| affords a more expeditions method OF
relieving such situations as you de-
| scribe than an amendment of the law
itself
~>>>>>>>>>>>~><