East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-08-02
ADOPT NEW RULES
FUR PROJECTS
BALLINGER WILL STRICTLY
ENFORCE RECLAMATION LAWS
States That no Patent Can be Given
Until Full Payment is Madc-Ncw
Rules VIII Prove Hard for the Set
tlers-GarTield Was Inclined TO be
Lenient.

land and obtain title at the end of five
years residence. provided they have
fully complied with the requirements
OF the homestead law and have made
full payment for their water. But
! settlers who have made only partial
payment for water, even though they
have met all requirements of the
homestead law. cannot acquire title,
nor can they sell any of their land
until the full charge for water has
| been paid. The latter restriction is
a radical departure from the practice
permitted by Secretary Garfield, and
already has brought about some criti-
icism from Western Senators. The
new regulations, as sent to local land
offices read as follows:
New Regulations Issued.
Section of the act of June II,
1902 (the National reclamation act)
provides that the homestead entryman
on lands within irrigation projects
shall, in addition to complying with
the homestead laws, reclaim at least
one-half of the irrigable area of his
entry for agricultural purposes and
that, before receiving patent for the
lands, he shall pay all charges appor-
toned against them as provided in
section of the act
You are accordingly instructed
hereunder as follows:
l. Entries not assignable till all
requirements have been met and fl
nal certificate is issued. Homestead
ers who have resided on and cultivat-
ed their lands for the length of time
required by the homestead laws and
have submitted proof, which has been
found satisfactory hereunder by this
office (the General Land Office). will
be excused from further residence on
their lands, but before final certifi>
cate and receipt can be issued as
basis for patent, it will be necessary
for them to show the reclamation
of at least one-half of the irrigable
areas of their entries for agricultural
purposes, and to make payment of all
charges against their lands in pursu.
ance of law, and until these require>
ments have been met the entries can
not be assigned either in whole or in
part.
2. Full payment at option of en-
tryman-On showing the reclamation
provided for by this act, such entry
men may, if they so desire, exercise
the option of Immediately paying all
installments of the building charges
and all charges for operation and
maintenance then due, imposed by the
public notice issued in pursuance of
section of the reclamation act, and
such reclamation showing and pay
ments may be made when homestead
proof is submitted, if conditions per-
NIT.
Notice will be given homesteaders
through you under section l of this
circular in the following form:
You are advised that the five-year
proof submitted by you on homestead
entry No. made - subject to
the act of June II, 1902, for the
section-township--r range-has
been examined in this office and found
to be sufficient as to the residence,
cultivation and Improvements required
by the ordinary provisions of the
homestead law. Further residence on
the land is not required in order to
obtain patent and patent will be is
sued upon proof that at least one-half
of the irrigable area in the entry. as
finally adjusted, has been reclaimed
and that all the charges, fees and
commissions due on account thereof
have been paid to the proper serving
officer of the Government"
These regulations were signed by
Commissioner bennett and approved
by Secretary Ballinger.
Garfield Helped Poor Settler.
The objection to the new regulations
grows out of the fact that holders of
certificates similar to that just quot
ed are no longer permitted to sell their
lands until they have made full pay
ments for water. Mr.. Garfield per-
mitted holders of such certificates to
sell off their lands without requiring
them to complete their water pay
ments for the payments remaining
due at the time of sale were then as
sumed by the purchaser, and were
necessary before he could obtain full
title from the Government.
The regulation, as enforced by Mr..
Garfield, permitted poor settlers, un-
able financially to hold onto their en-
tries, to sell out to advantage and
withdraw from the field. There were
many such settlers on the earliest pro-
iects; men who had lived on their land
for five years and complied with the
homestead law, but who lacked suffi-
cient capital to carry them through.
There were others who for different
reasons wished to sell their land. To
enable them to do so to advantage
and without delay Mr.. Garfield per-
mitted this form of transfer The
Government lost nothing by it; the
purchaser Of the land came in on the
same footing as the earlier settlers,
and the original entryman had an
opportunity to sell out at a reason
able figure, and not lose what he had
already put into the land
Under the new regulations, say
those who are opposing it, poor set
tiers wishing to sell and unable to
hold the land and make future pay
ments, must move off, leaving behind
all their improvements and all the
fruits Of their labor, because they can
not complete their water payments.
IN other WOrds. they get nothing for