Los Angeles herald., 1908-06-10
OLD SETTLERS
TO GET RIGHTS
IMPERIAL PIONEERS WIN IN
BOUNDARY DISPUTE
Land Sharks to Be Barred Pending
Act OF Congress Restoring
Lands to Original
Owners

Old settlers in the Imperial valley are
to have their rights in, and acquire
full possession of, the lands upon
which they settled under the old I'M
perial survey, found to be incorrect by
the United States government.
Telegraphic advices from Washing
ton have been sent out to this effect,
but only yesterday Register Frank G.
Prescott of the United States land Of
fee in Los Angeles received official
notice of the important ruling of Com
missioner Fred bennett OF the general
land office.
The ruling in this case is probably
the most vital ever made in disputed
land boundary. 1t will result In stop
ping promoters and spectators from
influencing ignorant persons from set
tling on lands in the Imperial valley.
which they might be led to believe were
open to entry on account of the differ
ence in acreage occasioned by the two
surveys.
Years ago there was made In the
region now known\as the Imperial val
ley survey which, to all appearances,
was correct and legal. When 1t was
demonstrated that the desert. II frri-
gated, would raise anything In faou-
lous quantities the rush commenced.
The settlers made their entries accord
ing to the survey then in existence and
which has since become known as the
old Imperial survey.
Surveys Are Incorrect
Some time ago the government sent
It's engineers to the valley TO check up.
and the report Of the experts showed
that the old survey was incorrect ana
that in most cases the settlers had got
ten more land than IL was INTENDED
they should receive according to the
condition of their entries.
The new lines dividing sections and
quarter sections completely disorgan-
ized the community. Settlers had made
numerous improvements under labori-
Gus circustances and many hardships.
They were bitterly opposed to separat-
ing themselves from their property, or
part of 1t, as the new survey in many
places cut off some of the hest acreage
of the hardy settlers. The land had
been improved, and the settlers con-
tended, therefore. that even If there
had been a mistake in survey and that
If they had been granted too much 1t
should be their right to file upon the
strips adjoining their property and
thereby hold by a second entry that
which had been originally granted to-
them.
Against this contention stood the
ironclad law which provides that per-
son is entitled to but one homestead
entry. With this thorn in the flesh the
settlers sought recourse at Washing
ton, with the result that they may,
by ruling of Commissioner bennett, be
allowed to acquire that which by rights
of the old Imperial survey belongs to
them.
Prey for Land Sharks
Had the ruling been otherwise, the
vast strips, which have been made to
bloom and prosper by the untiring la
bors OF the Imperial pioneer. would
have fallen fattening prey to the land
shark and thousand of unwary persons
would have been duped.
While every detail has not yet been
worked out with regard to the new
ruling, it possesses sufficient assurance
that the old settler will receive full
Justice at the hands of congress and
the government generally.
The ruling of Commissioner bennett,
which was received by Register Pres
colt yesterday, is in full as follows:
at becomes apparent that the resur-
yey of the Imperial valley townships
now nearing completion will result in
narrow strips between entered lands.
Although these strips may have been
claimed by entrymen as parts of the
regular subdivisions established by the
erroneous and unauthorized survey.
they will be public lands of the United
States subject to entry as soon as the
plats of the survey have been filed.
Lands Are Improved
"These lands have doubtless in many
instances. been valuably improved and
in some cases surveyed into town lots
and sold by persons claiming them as
parts of entered legal subdivisions, and
the persons now in possession have
such equities in the lands as calls for
relief at the hands of the government.
These strips will, In all probability, be
too narrow and too long to be inviting
to bona fide homeseekers, and will
more than likely in some cases be ap-
propriated by persons whose. principal
object would be to speculate by SELL
ing them to the persons now claiming
them.
"There is no law under which the
persons now claiming these strips, in
connection with abutting lands, can be
given a preferred right to acquire
title, but congress will be asked to en-
act a law which will give them such
a right, and in aid OF this proposed law,
and for the purpose OF defeating spec
ulative entries, the lands embraced in
the strips referred to will be with
drawn from all forms of appropriation
or entry until congress has had an op-
portunity to grant the relief mentioned,
tl,is xyifbdratU tUaI will hA made AZ