Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-05-18
DESERT ENTRY CANCELLED.
Decision Of Land Office Officials IL
Case of GeilinQer VS.. Merrill.


November 16, 1899. Ralph f. Mer.
rill filed ID. l.. L. No. 1892 for the sig
nwh, sec 20. sla neA sec %. tip IA
n, Is G. Mont. p. NJ, and upon Sep
tember 5, 1903, filed application TO
make final proof thereon. Date OF
hearing was set for October II. 1903
September &c, 1903, Peter Ceiling
er filed affidavit of protest against
the allowance of final proof therein.
alleging that the land was not desert
In character, that there was a large
amount of timber upon the said land
and that crops had been raised there
on by claimant without irrigation.
Whereupon. hearing was set for the
18th day of October, 1903.
October II, 1903. stipulation for con
tinuance was filed and the case was
continued for hearing until Novem-
ber %, 1903, upon which date all par
ties appeared. claimant submitted fin
al proof and additional testimony was
taken.
Owing to the conflicting testimony
In this case as TO the reclamation of
the land and water supply and ditch.
es. upon April 2S. 1904, the office gave
notice TO all parties that they would
visit the land upon Monday. May .,
1904. upon which date the register. In
company with both litigants, visited
and inspected the land and bitches.
The situation as presented is corrob.
oratory of the testimony OF the con.
testant and his witnesses. The plat
filed by claimant in no way represents
the true state OF facts. II appears
therefrom that there are two bitches
taken from a spring in Mill creek and
extending through the land, whereas
there was no water found TO be In
Mill creek from its head to point
below the land In contest, where a
spring rises on the land adjoining on
the north. The bitches. instead OF
heading together, are some distance
apart and are taken from depressions
or small coulees sloping into Mill
creek.
The ditch shown to cover the culti-
waited land on the seh neh, sec %,
has never been finished. No water
has ever been conducted upon the
land through IL, while the ditch upon
the seh nwA, sec 90, runs a short
dltanCe upon the land. covering not
over five acres Of a steep hillside,
upon which there is no evidence OF
any reclamation. There was no wa
ter running In either OF these bitches
and not enough running at the head
of either Of them TO flow any dis
lance through them, Notwithstanding
the fact that at this season of the
year springs and streams in this sec
tion. rising in the foothills, are at
their best. There are no dams or
reservoirs constructed.
The topography of the land in con-
test is hills, intersected by deep cou
lees and ravine depressions. The
sloping side hills are in many places
covered with large patches of quak-
ing aspen, willows and other small
growth There are a few scattered
large pine trees and evidence where
a number OF trees have been recently
cut threfrom for saw logs. The sur
rounding lands are OF like charac-
ter and have been and are raising
paying crops without irrigation. The
cultivated land thereon is seeded in
timothy and the growth appears to
be as productive as that upon the
land in the vicinity OF like charac-
ter.
There is a post and wire fence up
on the land on the south, east and
west; there Is no fence upon the
north side.
II appears from the testimony and
the situation as presented upon the
9th day of May, 1904, that no por-
tion of the land In contest has been
reclaimed by conducting water there
on. and that there Is no available wa
ter supply to reclaim the land. That
that portion of the entry susceptible
of cultivation is of the same char
acter as lands in the immediate vicin-
ity that are producing paying crops
without irrigation. and that. there
fore, d. l.. +. No. 1902 should be can
paipd