, 1907-12-17
A VERY INTERESTING LETTER.


is given herewith for the benefit OF
our readers:
Washington. d. c., December IS,
1907. My Dear Chaplin Il was pleas
&c to note your favorable comment on
my 800 acre homestead bill. / feel
quite confident of being able to secure
legislation along that line.
The commissioner has, as you know,
recommended a 640-acre dry farming
homestead in regions to be designated
by him and limited to areas not con-
tanning potable water upon which
no residence is to be required. | have
learned that the commissioner got this
idea from Senator Smoot who had In
mind certain limited areas in central
and southern Utah where there is terri,
tory adjacent to established towns
which it is believed will produce crops
without irrigation but where there is
little or no good water.
l very much doubt the wisdom o!
any legislation which would leave en-,
tirely with the commissioner or secre
tary the authority to say just what
land could be entered. l feel that this
would be placing upon them a duty and
responsibility which they would find
IL difficult to perform satisfactorily
either TO themselves or TO the regions
affected. l fear that it would be very
difficult indeed for any one to deter
mine just what constituted land not
containing potable water" Further
than that, | feel 1t would be unwise
and in fact disastrous to have any gen.
eral Legislation under the homestead
idea that did not contain the most i'm.
portant of all requirements under the
homestead law, to-wit: Residence,
though | realize that there are some
localities where all necessary residence
for cultivation might be brought about
without the law specifically requiring
continuous residence. To accomplish
this would, of course, necessitate the
insistence upon extensive II c%ontinu.
Gus cultivation of the most thorough
and bona fde character.
What we need in Wyoming, however,
and the same is true generally of the
public domain, is bona tide and perma-
nent settlers upon the land they w
and cultivate. In other words, homes
upon the land, nj to accomplish this
the general rule must be a requirement
of residence. For the remaining public
lands a 100 acre homestead is too
small. | am also of the opinion that
from the standpoint of the farming
homestead, rather than of the grazing
homestead-for which we are not yet
prepared on the public domain general
ly-the GAO acre homestead is too large.
l have suggested to Senator Smoot
and to the commissioner that we might
meet the conditions which prompted
the commissioners recommendations
by making the requirement of resi-
dence the rule and of non-residence the
exception, the exception to apply only
in areas designated by the commission
er and making the requirement OF cul-
timation more stringent and f~ar-reach.
ing where residence is not required. 1
am not very enthusiastic about this
feature of the proposed legislation but
think it might be we'll to give a trial,
under proper safeguards, as a com
promise. In any ven the character
of the land which may be entered
should be SO clearly set forth in the
law that the settler himself can judge
beyond question as to the areas open
to entry.
I had a talk with the commissioners
the other day with regard to the pres
ent regulations governing applications
to have isolated tracts ordered into
market, and told him that it seemed to
ME that his present requirement OF
appearance by the applicant before the
register and receiver, with two wit.
nesses, laid a heavy burden of expense
upon the very class of persons whom
he sought to favor, towit: The farm.
er or ranchman owning or occupying
land adjacent to the tracts sought to
be purchased.
The commissioner called to my atten,
ton a bill which had been drafted in
the department relative to isolated
tracts which would practically restore
the law as 1t stood before the amend
ment of two years ago. l suggested
to him that inasmuch as the authority
to order into market or not as he saw
fit, rested entirely in the hands of the
secretary, it occurred to me it might
be well to cave the law as it nov
stands with the understanding that
the officials Of the department would
exercise their best Judgment as to the
merits of each case as it came to them.
The presidents reiteration of his de-
termination with regard to a renomi-
nation has very largely cleared the
situation. Personally l have never