The Idaho Springs siftings-news., 1907-07-27
FARMERS RIGHTS
PRAIRIE LANDS IN COLORADO
ARE OPEN TO ENTRY.
RAINFALL 0EsN'TIMTERFERE
Receiver and Register Of the Land o5'
flee Make Important Ruling in
Title Contest Case.

ampt from entry under the deseIt dcN'
according to a decision rendered BY
Register c. ID. Ford and Receiver
Hugh Taylor OF the Denver land once.
The fact that dry farming and fhe
heavy rainfall OF the last two years
mas made it possible to raise crops on
the prairie is not to be allowed to AT
tect the validity of titles to arid lands
This decision was rendered In the
case of Jesse NJ. Acree against MIS-.
Mamie NJ. Jackson, contest ~hich
! threatened to affect the titles to thou-
| sands of acres of land in Colorado la3-
en- up under the desert act. 1t was
the first of its kind filed in this state
and the opinion handed down yester-
day will relieve the suspense OF many
| land owners all over the West.
| THE land in question is situated
near the base of the Rocky mountains
at an elevation of almost one ml'e
and about twenty-five miles northeash
of Denver. 1t forms part OF that ef-
tensive prairie region commonly
known as the Great Plains, upon
which. particularly in the state Oh
Colorado, hundreds of desert entries
! have been made and vast sums ex-
pended in the construction of various
systems of irrigation, and it is difficult
to believe that such sums would have
been expended If agriculture could
have been depended upon as even
fairly successful without irrigation,
saws the United States land officials
in their decision.
"The said land and the city Of Den
yer appear to be similarly situated
and it is to be presumed that there
would be but little difference in the
mean annual rainfall Of the Two
places.
Jesse NJ. Acree. the contestant, is
a farmer near Barr. Colorado. He
started to cultivate the land in queS-
ton early in 1905, without filing on
It, He did so to experiment and ma
out whether it was good, fertile SOIL
When he had done so for two years
and determined that it was worth tax
ing up, Mrs. Jackson jumped In ana
beat him to the land Office, recording
her entry under the desert act AUGUST
IA, 1906. Then Acree filed his contest,
claiming that the entry was fraudu-
lent. inasmuch as he had shown that
the tract was not desert land, as ne
had cultivated it, consequently not
subject TO entry under the desert act
He alleged that said land will with
out artificial irrigation produce an
agricultural crop in amount to make
the cultivation reasonably remunera>
tive"
The decision says further:
| eft apnearS that the tract IN con
troversy is high, rolling prairie land,
covered with natural growth OF pu'-
falo grass and other grasses, and some
cactus: that in the year 1905 the con
testant plowed and fenced about fif-
teen acres of said land and planted
the same to corn. pumpkins and mel
ops from which was harvested about
| thirty bushels of car corn per acre
and fair showing of pumpkins and
melons at net profit Of about 81 per
acre; that in the following year there
was an estimated net profit of about
$l2 per acre and that the ground So
planted was not cultivated either year
Section of the desert land act de
fines tha, all lands exclusive of min
eral and timber lands. which viii mol
without irrigation produce some agrE
cultural crop, shall be deemed desert
lands within the meaning of this act
In the interpret alton of said sec
ton Q in the case of Babcock VS.. Wat
son ct al. the department held: II
it not necessary, however, that the
lands without irrigation should be sd
sterile and barren that they will not
produce at all.
The decision then quotes the rain
fall statistics for the region for the
years from 1890 to 1904, and then for
the years 1905 and 1906, showing that
in the latter two years it was much
above the average. From this fact
it is deduced that extraordinary pre-
cipitation is accountable for the fact
that Acree raised crops so protitabiy
on the land.
Even granting that crops OF tie
value and character claimed were
raised upon the land. we are Of the
opinion that such fact is not sufficient
to show conclusively that it will with
out irrigation in an average year, or
one year with another for a series OF
years, make a fair return to the ordi-
narily skillful husbandman for the
seed and toll expended in endeavor-
ing to secure crop; and, further
more, II is shown by the report OF the
United States weather bureau, as
above set forth. that the years OF 1905
and 1906 were above the average as
to annual rainfall and that the mean
annual rainfall for this section OF
country covering a number of years
falls far short of the limit recognized
by the department at which successful
| agriculture without irrigation may De
carried on.
I'VE are also of the opinion that the
allegation of fraud has not been sus-
tanned We accordingly have to rec
ommend that the said contest be dis
missed and that the said entry OF Nan
ME NJ jackson be allowed to remain
intact"
Thirty days are allowed within
which appeal may be taken to the
commissioner of the general land Of
flee. Acree has declared his intention
OF fighting the case to the limit, 80
it probably will be taken to Washing