The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-26

| territorial authorities as far as the
disposition of land in grN4er areas
| than 160 acres, was concerned.
In regard to the leasing of areas
greater than $40 acres, the legisla-
ture itself misconstrued the federal
law when it provided for the issuance
| of pasturage permits in the acts of
| 1901 and 1905, giving the commits
siOler the right to grant the right of
| pasturage upon such amount of u1l-
leased land as he might determine for
| the best interest of the territory. I'm
der these laws and before the COM
missioner of public lands or any one
else ever submitted the question of
permits for pasturage were issued on
361 ,423.39 acres of land and applica-
tions were under consideration for
III, 5000 acres, some of which had
been selected by the board of public
lands, of which the present commits
sioner was a member for the purpose
of issuing pasturage permits upon
them.
n March, 1905, these permits were
called to the attention of the com
missioner of the general land office
for the first time, and in September
1905. the assistant attorney general
his opinion that the permits were con-
trary to the act of 1898 and that they
should be cancelled, which was later
done. This put the territory in a very
embarrassing position, and the parties
who mad secured the permits under
the territorial laws and with the sane
tion and cooperation of the territorial
officials, in a very serious position.
Very large areas of land had been
selected by the United States land
commission for applicants who de-
sired and agreed, when they should
be selected, to secure pasturage per
mits thereon. The land could not be
leased in small areas of $40 acres; it
would produce no income to speak of
unless it could be leased in large areas
The lands had been selected and could
not be returned to the government so
as to permit the territory to re-select
other lands which could be used un-
der laws not in conflict with federal
laws. The thing for the territory to
do was, if possible, to find a way out
of the difficulty and with this in view
our delegate in congress Introduced a
bill seeking to satisfy the territorial
law of 1905, authorizing such per-
mitS. This act did not pass congress
and in April, 1906, 1 went to Washing
ton and succeeded in cooperation with
our delegate to congress in securing
an amendment to the act of 1898 to
the effect that larger areas than $40
acres can be leased when in the opiIl-
ion of the secretary of the interior
the leasing of larger area is deem
ed advisable. This amendment will
greatly relieve the situation and Sc
cure to the territorial institutions an
income of $50, 900 per year or more,
which but for the amendment, they
would have been deprived of for many
years.
That partiality has been shown in
the selection of lands for the use of
individuals under pasturage permits
is evident from the fact that at a
meeting of the commission of irriga-
ton which under the law, is empow
cred to make recommendations for
the selection of land under the 100-
900 acre grant for irrigation purposes
which meeting was held on October
3, 1905, the said commission, by a
unanimous vote, directed that no ap-
plicatiols for the selection of reser-
voir or irrigation land then pending
before it should be considered or Sc
lections ordered made until said
board secured a full and complete
statement of the balance of such lands
available for that purpose, and the
SECRETARY OF the was Ql-
rected to prepare and submit a full
and complete statement of such lands
at the next meeting of the board. The
commissioner of public lands was ex-
officio secretary of the commission of
irrigation Cor board of controD and at
the time of sucn meeting there were
pending a large number of applica-
tions for the selections of lands under
the control of the board, some of them
having been pending a year or more.
AT a meeting of the United States
land commission held November 9,
1905, on the recommendation of it's
secretary. the commissioner of pub
lie lands being secretary of the United
States Land Commission the said
board ordered the selection of about
5000 acres to be selected from the
grant of lands for irrigation and res
ervoir purposes, and on the same day
the commissioner of public lands di-
rected the locating agent to proceed
at the earliest practicable date and
selection and location was upon the
application of Mr.. Bursum of Socorro
county, who desired a paSturage per-
NIT on the same, and many of the ap-
plicatiols which, had been there much
longer than his were never acted up
on.
The matter of the legality of the
several transactions which had been
carried through or initiated by the