The Glenwood post., 1907-07-27
FARMERS RIGHTS
PRAIRIE LANDS IN COLORADO
ARE OPEN TO ENTRY.
Observation-Disclosures
Receiver and Register Of the Land Of
flee Make Important Ruling in
Title Contest Case.

empt from entry under the desert act,
| according to decision rendered by
Register c. d. Ford and Receiver
| The fact that dry farming and the
| heavy rainfall of the last two years
| has made 1t possible to raise crops oa
| the prairie is not to be allowed to af-
tect the validity of titles to arid lands.
This decision was rendered in the
case of Jesse NJ. Acree against Mrs.
! Mamie NJ. Jackson, a contest which
| threatened to affect the titles to thou
sands of acres of land in Colorado tax
| 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 mile
and about twenty-five miles northeast
| Of Denver. 1t forms a part of that eX-
tensive prairie region commonly
known as the Great Plains, upon
which, particularly in the state of
Colorado, hundreds of desert entries
have been made and vast sums eH-
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
says the United States land officials
in their decision.
! THE said land and the city of Den
yer appear to be similarly situated
| i- n 40 nrpgnnaI 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. lie
started to cultivate the land in ques-
tion early in 1905, without filing on
| it. He did so to experiment and find
| out whether II 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 and
| beat him 10 the land office, recording
| hel-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 he
| 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:
1T appears that the tract in con-
troversy is high, rolling prairie land,
covered with a natural growth of buf-
falo grass and other grasses, and some
| hot IN, tho 1QuE the
testant plowed and fenced about. fif.
teen acres of said land and planted
the same to corn, pumpkins and mel
ons, from which was harvested about
| thirty bushels of car corn per acre
| and a fair showing of pumpkins and
| melons at a net profit of about 50 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 2 of the desert land act de-
fines that all lands exclusive of min
eral and timber lands, which will not
without irrigation produce some agri-
cultural crop. shall be deemed desert
lands within the meaning of this act.
"In the Interpretation of said sec
| tion in the case OF Babcock VS.. Wat
son ct al. the department held: 1t
| it not necessary, however, that the
| lands without irrigation should be SO
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 1t 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 protitably
| on the land.
Even granting that crops of the
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 fair return to the ordi-
narily skillful husbandman for the
seed and toll expended in endeavor-
ing to secure crop; and, further
more. it 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 oC
country CONeTlnR IuHlDeT Ol years
falls far short of the limit recognized!
by the department at which successful
| agriculture without irrigation may be
| 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 withic
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. SO
| 1t probably will be taken to Washing
| ton.