The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1907-12-13
DESERT CLAIMS
ARE DEFINED
LOCAL LAND OFFICIALS DECIDE
CASE IN FAVOR OF TYLTA
SUNDQUIST.
Many Hundreds of Desert Entries arc
Effected by the Ruling To
Fight Decision.

Holders of desert land claims in
this land district may now feel more
secure in, the possession of their
property through a decision fovoring
the contestee in the case Charles
l.. Rudel VS.. Tylta SundC :, which
was made public this ween Rudel.
whose postottice adGress is Wakonda,
Sundquist filed on the land covered.
by desert entry No. 693, it was not
in reality open for such an entry, the
soil being sufficiently fertile in the
opinion Of the contestant, to raise
remunerative crops The case was Civ
ell first hearing at Belle Fourche.
before U. S. Commissioner Cade,
Tyler Overpeck representing Rudel,
and Williams & Sweet of this city
appearing for Mrs. Sundquist On mo-
ton of the contestees attorneys ...e
final hearing was ordered for Sept.
80, at the local land Office, where
the testimony of the contestee was
heard before Receiver Bennett and
Register Burke.
In the words of the decision rem
dered by the above named officials,
1t was clearly shown by the evidence
of witnesses for both sides of the
controversy that while crops had
been raised on the land in question
the conditions in the several instan-
ces were so much better than ordin-
arily the case, that the years in which
yield was obtained, We're exception
al ones, and could not be consider
ed in deciding whether the land was
desert in character at the time Mrs.
Sundquist made her filing.
Further, the fact was brought from.
the testimony of several witnesses
that farming on property similar to-
the tract involved is unprofitable
business without irrigation, on ac-
count of the rolling nature OF the
ground which tends to prevent the re-
tention of moisture in the degree
that level ground would
Irrigation being necessary on the
lands in question in order to obtain
remunerative crops, it was held a
desert entry filing is entirely within
the bounds Of the law. Section 3,
Act of March 3rd, 1877, and an opin-
ion by Commissioner Sparks, both
tending to show the conditions un-
der which lands may not be included
under the term desert" are quoted
in connection with the ruling which
closes with the following:
I'VE are of the opinion. from the
evidence submitted in this case, the
common knowledge of the people,
that the lands not flooded by natural
causes, commonly known as grazing
lands in this land district. should be
classed as desert in character al
though in this semi-arid district goo,
and abundant crops are raised and
lands fenced and unfed by grazing
animals will in some seasons pro-
duces crop Of native hay"
The above decision has been the
decision of this office in many con-
test cases in the past. The fact that
the Belle Fourche Irrigation system
of the government, costing two or
three million dollars, and being con-
structed for the reclamation or arid
lands in this district, and Immediately
adjacent to the lands i'll controversy
and of practically the same character
is every -vilence tlat it IS the gener-
al op,, o1 tHGt lands in this district
nset. Irrigation N order to make
them productive.
That from the evidence submitted,
the lands in controversy will not pro
duea all agricultural crop Of any kind
in usual and ordinary seasons with
out artificial irrigation.
We therefore. recommend that des-
ert entry No. 693 be not cancelled!
An appeal to the commissioners Of
the General Land Office from sthe de-
cision above quoted, can be made
within thirty days, and in all prob
ability the case will be carried to
Washington FORMAL settlement.