Semi-weekly herald., 1910-04-07
IMPORTANT DECISION.

A very gratifying decision has just
been obtained by Perkins & Main for
client of theirs before the secretary
OF the interior relative TO the reclama-
tion of desert land entries For some
time the department has ruled that
in order 10 make final proof the en-.
tryman must actually irrigate all the
land susceptible of irrigation embraced
i'll his entry regardless Of whether it
was cleared and fit for cultivation or
not. This has worked a great hard
ship on entrymen, and caused a great
waste of water for a useless require
ment. AlonZo b. Cole submitted his
| final proof May s, 1905 and 1t was
rejected by the commissioner because
| II did not show that all the land had
been actually irrigated, although the
law had not been complied with in
other respects. Through his attorneys
Perkins & Main, he appealed TO the
secretary, and at frst the commits
sioner was sustained, but on a motion
for review the commissioner was re
versed, and the entry passed for pat
ent, and new rules and regulations di
rected to be formulated to comply with
the secretary's ruling.
This decision is of great importance
to desert land claimants, and we pub
lish the essential portions, which are
as follows:
BY your decision of Nov. %, 1908
you required Cole 10 show that he
has actually irrigated and reclaimed
all of the irrigable land in his entry
From this requirement Cole appealed
TO the department Your decision wa.
affirmed by departmental decisions o
June 5, 1909, and a motion for review
Of said decision has been filed.
Your decision is in harmony will
sections - and 2G of the circular o
Nov. 80, 1909 t37 L. D.. 3l2).
1t appears that Cole has cultivated
and irrigated as much as one-eighti
of the land in his entry and has con
structed bitches. owns a sufficient wa
ter right, has brought water to tn,
lands, and is prepared to turn waite
upon the entire tract when it shal
have been cleared. but water has no
been actually spread over the entir,
area for the reason, as alleged, thai NJ
benefit would accrue from such distri
button until the land is cleared ana
plowed. 1t is insisted by counsel tha
no more reason exists under the act a!
amended for requiring that all of th,
irrigable area be actually irrigated
than there was under the original law
The case of United States VS.. McIn
show the requirements OF the origina
act in this respect. In said decision
the court said:
1t was the manifest purpose of con
, gress to hold out to the citizens of the
, United States an inducement to re
claim the waste and desert lands of the
: public domain, and thus render then
subservient to the uses OF husbandry
by process of irrigation. This was tC
be accomplished by such system o.
bitches as would carry to the subdi
visions of the land, capable of being
reached by the surface flow. supply
of water such as, when let out of the
) bitches by draw gates or smaller ditch
es, might spread over the accessible
parts. and stimulate vegetable life. II
the main bitches were thus construct
ed. with the acquired adequate supply
of water to irrigate the lands for the
purpose of cultivation in the ordinary
method Of carrying 1t out over the sur.
face of the ground, we think the recla.
nation contemplated by the statute
was accomplished, without showing
that this appropriation was followed
by actual use and cultivation. This
SCENE to be In accord with recent rul