The searchlight., 1910-04-29
DESERT LAND
CONTESTS
General Land Office Dives I'm
p0rtant Decisions Affecting
Desert Entries.

show Tor their efforts and money.
The following decisions should
prevent much needless contesting
and expense to claimants, doing
much harm and no good, burden.
ing general land office with these
cases on which decisions have
have been made in favor OF the
claimants time after time, only
they have not been made public
enough 10 give people knowledge
of the laws TO save them money
aud time.
the following articles appeared
IN the Great Falls Tribune of re-
cent date:
Billings. March io.-This evening the
local land office received an opinion from
the general land Office in which its decis
ion dismissing the contest of Eugene
Ause Against Virginia F. George is af-
nrmed. The decision made. defining
wtat is desert entry Is in apparent con-
iradiction TO the claims of the dry farm
ers and consequently is regarded as be-
ing the most important of recent years so
| far as the ARID west is concerned.
Mrs. George located a half section Of
land under the desert act on March 2,
1905. and at once took steps for its rec
lsmarion by irrigation. The land was
planted under the expectation that water
would be available in time for irrigauon n.
put owing to the failure Of the ditch con-
sructors to finish the work water was not
placed on the land. However. a fair crop
was realized. and Auge. seeing this con
tested the desert land claim upon the
ground that agricultural crops could be
raised without artiheih irrigation.
In the decision It was held that the
proposition of raising remunerative crops
without irrigation in the west had not been
sufficiently established to warrant the
changing of the character of the land.
while. on the contrary. the government
reclamation projects and the expenditure
Of large sums for irrigation enterprises
demonstrated the fact that the lands were
considered desert. BY the finding the
contest is dismissed. and the claim Of Mrs
George is affirmed. subject to possible APP
peal to the secretary Of the interior.
Receiver Burlinga anne and Receiver Viii
son Of the Great Falls land Office. were
notified Saturday that the secretary OF tn.
interior had affirmed their decisions in
cases of government contest against land
entries in this district holding the entries
in tact. in six separate cases. In one OF
the cases the decision Of the commissioner
OF the general land office. reversing the de-
csion OF the Great Falls officials. was in
turn reversed ana the local decision upheld.
The case of the government VS.. James
NJ. Stevenson OF Evans was one Of these.
involving desert land entry Of TOO acres
in s-I6-s each in which final proof was
offered IN June 1905. and which came up
Tor contest in November. 1905. on the
ground that il Was non-desert in eharac-
ter as the water supply was insufficient
and that on SO acres no attempt was made
at irrigation. The officers Of the local
land Office recommended the dismissal Of
tue contest The decision ~as reversed by
the commissioner OF the general land affice
and on appeal 10 the secretary Of the interior
the decision of tine commissioner Sas re-
yer sed. while the action of the local land
office was upheld and the proceedings were
ordered dismissed.
The action OF the local land Office was
also upheld in the government, VS. Mabel
II. Vidal. assignee of Augusta c. Sheridan.
which involved desert land entry Of $40
acres in 9. 10 and IS is-6 east. which was
brought on the ground that the land in
question vas non-des-rt in character and
tnat the water supply was insufficient.
while the proper amount Of improvements
had n,t been made.
In the case OF the United States VS.. the
the 3-z5-a west. upon which final proof
was offered August II. 1905. and which
was contested October 4. 1906. on the
grounds that the land was not reclaimed
or cultivated. The decisoon OF the local
land officers regarding the dismissal OF the
contest was affirmed.
In the case of the United State vs. the
heirs ,h Peter Fraunhofer. deceased. the
decl sion of the local officers was affirmed
and the entry Mas held in tact The land
involved consisted of desert land entry
of 100 acres in and 8 1873 east. was con-
tested Nav 20. 1000. on the grounds that
the entry had been made in the interest Of
Sylvester Eraunhofer and A. G. Colby.
that the land was non-iesert and had not
been irrigated.
IJnited States VS. Catherine Fraunhofer.