East Oregonian : E.O. (Pendleton, OR) 1888-current, 1908-03-30

Since Umatilla county contains
much desert and semi-arid land the
following review and definition OF
desert land by the department of the
interior In Il Yakima land case will
be interesting. The Yakima Repub-
DC says:
In view Of the number of applica-
tions new being made at the United
States land office the definition of
desert land contained in a decision OF
the department of the interior just
to hand is OF general interest.
The decision in question affirms
that OF the register and receiver Of
the local office in the contest case
OF Robert A. GoOdson VS. w o. W.
Sheppard upholding the entryman
against contestant. In this case the
grounds of the contest were that the
land was not desert land within the
meaning OF the statute and that the
entryman had not cultivated it as
prescribed.
The contest is dismissed because
insufficient proof is made that the
land is not desert land and because
desert land does not have to be cul-
tivated for four years after the en-
try.
A Negative Definition.
The decision states that the desert
land laws do not require an entry
man to erect buildings upon the land
nor to show cultivation until the ex-
piratlon of four years after entry, and
the only questions to be determined
were whether the land is desert in
character and whether the defendant
has compiled with the law respecting
irrigation and reclamation.
In regard 10 the first point II is
stated, that Il number of decisions
have been rendered from time to
time and from these may be gather
ed a general definition applicable TO |
the question at issue. The definition |
is negative In character. Land which |
one year with another will produce |
a crop, though inferior OF grass or
grain to which the soil and climate
is adapted and which is a fair reward
for the expense Of producing II. is
not held to be desert in character.
Land which can be cultivated fair
ly remuneratively without irrigation,
even though irrigation should Increase
its productlveness, is not desert
character.
Wheat Was Raised.
In the case In point the land is sit
uated 10 miles east of Zilla and above
the Sunnyslde canal and notoriously
has been considered desert in char
acter Since the entry of Sheppard
some similar land In the same local
ity mas been cultivated with fair sue
cess
Testimony was given for the con-
testant by Edward Brett, Eugene
Yelter, c. A. Houghton and H. d.
Mcintyre, each of whom had culti-
waited wheat on the land. Brett tes-
titled that I'm 1906 he had harvested
II bushels of wheat per acre and In
1906, eight bushels per aere from
100 acres. The crops of the others
which had not been cut for hay va
ried in the same manner and the
department holds that the average
shown OF about Sc in 1906 per acre
is not sufficient recompense for the
expense of cultivation.
Proof Is Insufficient.
Moreover, the department consid-
ers that the value of land cannot be
determined by the results of one
years cultivation and there is no tes-
timuny in the case regarding the eX-
tent Of the rainfall. The testimony
showed that the entryman was digging
a well upon which he had expended
S517 and this would meet the require
ments of the law touching irrigation
The object to be attained is irrigation,
the department holds, and the mode
Of irrigation is immaterial,