The Colorado statesman., 1907-07-27
FARMERS RIGHTS
PRAIRIE LANDS IN COLORADO
ARE OPEN TO ENTRY.
Observation-Disclosures
flee Make Important Ruling in
Title Contest Case.

Denver.-Prairie lands are not ex
smpt from entry under the desert act,
according to a decision rendered by
Register C. D. Ford and Receiver
Hugh Taylor of the Denver land office.
The fact that dry farming and the
heavy rainfall of the last two years
has made 1t possible to raise crops on
the prairie is not to be allowed to af
feet the validity of titles to arid lands.
This decision was rendered in the
case of Jesse NJ. Acree against Mrs.
Mamie M. 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 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" !"
says the United States land officials
in their decision.
1.-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
farmer near Barr, Colorado. He
started to cultivate the land in ques-
tion early in 1905, without filing on
1t. He did so to experiment and find
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 and
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 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:
"It appears that the tract in con.
troversy is high, rolling prairie land.
covered with natural growth of buff
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
ons, from which was harvested about
thirty bushels of car corn per acre
and fair showing of pumpkins and
melons at a net profit of about SO per
acre. that in the following year there
was an estimated net profit of about
$12 per acre and that the ground SO
planted was not cultivated either year.
Section 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
ton 2 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 AGREE raised crops so profitably
| 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 a 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 of
| country covering number of years
falls far short of the limit recognized
by the department at which successful
agriculture without irrigation may be
carried on.
1--WE 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 Nam
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