Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-03-03
PROVIDING FOR
THE INDIANS
Provisions Made in Appropriation
Bill For the Schools at San.
ta Fe and Albuquerque.
DESERT LAND RULING
irrigation Must Be Practced and Ac.
tua 7lllsge Shown Before Final
Proof Can Be Made.

The general appropriation bill fol-
the Indian department, as reported by
the House committee on Indian affairs
to the lower House of Congress, makes
the following provisions that are of es
pecial interest to New Mexico:
For the Indian Industrial School at
Santa F'e, total of $S9 300, divided as
follows: $50,100 for general expen
ses; $1,000 for the salary of the super
intendent; $1,500 for the water supply;
$4,000 for general repairs and improve
ments; $4,000 for a girls dormitory;
$500 Tor sewer system; $4,000 for
four employees cottages; $4,000 for a
boys bath house.
For the Indian Industrial School at
Albuquerque, $107,40O. of which $751;
500 is to be expended for new build
ings and improvements.
For the support of the Apaches in
New Mexico and Arizona, 1925, plus
fiscal year.
Incidental expenses of the Indian
service in New Mexico, $1,000.
Special allowance for the attorney
for the Pueblo Indians of New Mexi-
co. 81 500 and $500 for travelling ex-
penses
Now Desert Land Ruling.
Washington, March THE ruling of
Mr.. Hitchcock, secretary of the inter-
or, Just made in regard to final proofs
in desert land entries, will possibly
put damper upon desert land law
operations and scare off any appli-
cants, under this much-discussed act,
who have assumed to secure 32O acres
of government land without residence
and by making only nominal improve
ments.
The ruling is the result of an in
quiry concerning the acceptance by
the land office of final proof of an en-
tryman III Wyoming the proof consist
ing of evidence showing that marked
increase in the growth of grass, or
grass Sufficient to support stock and
been produced on the desert land.
1t is we'll known fact in the west
tlldJ INC IlSl0 .lCuCluS dAu lCoIliS VI
the semiarid grazing lands, with no at
tempt at irrigation, will result in a
greatly increased yield of grass, often
times strong growth of a foot or
eighteen inches, whereas the adjacent
grazed pasture may be but three or
four inches high.
The secretary now holds that not
only must irrigation be actually prac-
ticed, but that the entryman must
have right to sufficient water to full.
ly irrigate his land. That the system
of bitches to conduct the water to and
distribute it over the land must be ade-
auate for this purpose, and that the
land must be actually irrigated for a
sufficient period of time to demon
strate the sufficiency of the water sup
ply. The effectiveness of the system
is also an essential fact, which must
in all cases be proved. Actual tillage
must al rule, be shown. If. however,
it be shown, and it must be made to
conclusiyely so appear, that because OF
climatic conditions crops other than
grass cannot be successfully produced
or that actual tillage of the soil will
destroy or injure it's productive quail
ties. the actual production of crop OF
hay of merchantable value as the re-
suit of actual irrigation may be ac
cepted
Proof Must Be Positive.
Proofs which show that because OF
irrigation there is on the land
marked increase in the growth ol
grass" or that grass sufficient to sup
port stock has been produced on al
the land" will not be accepted. The
trouble lies in the proofs. These are
made before the local land officials and
no personal inspection of any land OF
ficers is required, thus placing a pre-
MUM upon perjury. This ruling, how
ever. could it be strictly administered
would directly affect applicants fo
natents 10 lands under number of th'
large irrigation bitches in several o
the western states.
Under it the mere presentation of ,
water right secured by purchase from
4. counany will not be sufficient proof
II must be accompanied by conclusiv
evidence that the capacity of the ditcl
and tho water supply are sufficient t
irrigate the land, that the ditch com
uany has actually supplied the waite
required. and that the land has beel
actually cultivated.
It has frequently been the practic
in Colorado. California. New Mexico
and possibly, if not all, of all tn
western states and territories for larg
canal companies to sell water right
far in excess of the water supply Q
carrying capacity of the ditch, and thi
decision. by rendering such waite
rights. of no value as proofs. ma
serve to protect innocent purchaser
who contemplate taking up homes o