Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-09-15

The First Filing.
Referring to our records we find the
first filing made in the sections men,
toned was homestead entry No. 1894,
Helena Series, of James Mcconnell,
in section 8, township 10 north, of
range 16 east, in 1882 Eight years
afterward Bernard Logan filed home
stead entry No. 4769, Helena Series,
James Jones filed homestead entry No.
$50, in this Office, in 1898, and Nath-
an Platt filed homestead entry No.
81, in this office, in 1892. While the
foregoing entries are in sections en-
braced in the Rock creek bench, two
of them are situated on the Trout
creek bottom, Trout creek running
through them, and others are watered
by springs.
In 1896 John B. CASTOR, Abner Stap-
Teton and William E. Cummings, two
of them witnesses in this case, emf
grated to the Judith Basin and set.
tied upon Rock creek bench, being
the first entries made upon bench
lands in this land district with the
expectation of raising crops thereon
without irrigation; fourteen years
had elapsed from the date of the first
settlement. The entry in contest was
filed November 21, 1901 at this time
there were thirty-five homestead en-
tries and nine desert filings existing
on the Rock creek bench At the
time of the initiation of this contest
there were no vacant lands left, there
being 121 homestead entries and %
deserts. The land in contest is sur
rounded by homestead filings, except
on the west, which Is the desert entry
of John G. Stapleton, No. 174O, made
December 2, 1901; it is situated with
III three miles of the village of Moore,
station on the Montana railroad.
situated in section 16, township ID
north. OF range 16 east, where there
is erected grain elevator with a ca
pacity of $4,000 bushels.
Special Agent FoIeys Report.
We have gone into this resume of
the situation, deeming it necessary in
the adjudication of this case, and in
view OF the fact that other contests
have been initiated against desert en-.
tries in the vicinity of the land in
contest, and of the report of Special
Agent Edgar S. Fo' y upon the land
| - .''-''S"' dA- $50 s,cHefaI situation
or the lands upon this bench, and al
so as a reference in future proceed
ings
| We do not concur in the assertion
OF counsel that the status of the des
ert entries in the vicinity of the land
IN contest, as to their being desert OF
non-desert in character, will depend
upon the decision of the case at bar
So many factors enter into this phase
or the case, such as the character OF
the soil, situation of the land as re
CARDS natural moisture, distance from
market as factor in connection with
remuneratlve crops, etc., etc, that
each case can only be adjudicate(
upon facts as presented therein. The
1act that some lands in the vicinit,
oI the land in contest are PRODUCING
paying crops without irrigation is no
IN itself sufficient evidence that the
land in contest is non-desert in char
acter, unless it is conclusively showr
that the conditions are the same
The fact that land is shown to be val
liable for mineral or coal is not evi
dence that adjacent lands are in tn,
same condition. 1t can readily be con
celved that homestead may be filet
upon creek bottom, containing suf
nclent moisture to raise crops with
out irrigation, and a desert entry bt
legally filed upon higher bench ad
Joining, the character of the soil IL
which may be entirely different, ant
upon which nothing can be produced
without artificial irrigation. The de
partment has designated:
Lands bordering upon streams
lakes or other natural bodies of wa
ter, or through or upon which ther,
is any river, stream, lake, pond, bod,
of water or living spring, are not sub
ject to entry under the desert Ian,
law until the clearest proof of thei
desert character is furnished"
There are no springs. upon the Ian,
In contest, the nearest water bein
over four miles distant.
} Second. Lands which produce ma
: tive grasses sufficient in quantity.
unfed by grazing animals, to max
an ordinary crop of hay in usual sea
son, are not desert lands"
! The register of this Office reside
: within two miles of Rock creek benc
for period of ten years, and the re
| ceiver within six miles thereof TO
i the same length of time, and in add
tion to the testimony submitted, q
their own knowledge, know that tn
/ land in contest would not so produce
5 Third. Lands containing sufficien
) moisture to produce natural growt
of trees are not to be classed as de.
! ert lands"
There is not tree growing in towr
! ship IA north, of range 16 east, or i
! any portion of township 13 north, {
i range 16 east, until the foot hills {
e the Snowy Mountains are reached.
l., There have been four timber cultur
e entries filed upon the Rock cree
= bench; three Were cancelled, and fiji
|. al proof made upon one; the sell
J. sec II. tp IA n. T l6 e, by Posey T
l. Elston: the final proof in this cas-
l. showed that repeated efforts had bee
d made to raise trees without irrigation
e and that the sprouts either winte
J. killed or perished from drouth.
!. Fourth. Lands which will produC
n an agricultural crop of any kind
!" amount to make the cultivation re
E. sonably remunerative, are not de
1, ert."
1t Claimants and witnesses maxim
le desert land entries are required
ct swear:
h, "That said land will not, witho1
ID artificial irrigation, produce an agI