The daily sentinel. [volume] (Grand Junction, Colo.) 1893-current, 1912-02-26
SHACKLEFORD'S DECISION
MAY GO TO SUPREME COURT
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fences around said land, and cut and
broke and destroyed the wires of the
fences, and the posts thereof, and
opened said lands so that cattle and
stock entered into and trespassed
thereon, and destroyed the feed
and grass crops thereon, and cut
and destroyed bushes and trees and
growing shrubbery thereon; and on
Sunday. February 4. 1912, entered
upon said premises with a large force
of men and teams, and commenced
to and are continuing to blast out
with powder the frozen earth and
soil, and to pillow, tear up and break
and dig up the same, and to construct
and to eXcavate, and dig out through
the center of the south 40-acre tract
of plaintiffs land a large irrigation
ditch for irrigation purposes. and to
fill up and destroy plaintiffs irri-
eating and distributing bitches, so as
to prevent irrigation and farming of
large portions of plaintiffs said land,
and to destroy the alfalfa and other
grass crops growing on the land, and
were proceeding to erect upon the
land tents and camps, and threatened
to continue to so do; and to construct
and complete an irrigation ditch for
the purpose of carrying water for
irrigation purposes as aforesaid; that
the plaintiffs have demanded of the
defendants that they cease and desist
from their acts as above stated, which
the defendants have refused, and con-
tinue to refuse to so do. and refuse
to recognize plaintiffs rights to the
use or possession of the said land,
and further refuse TO pay any com
pensation to these plaintiffs for the
said land
The act of congress of the United
States of August 80, 1890, under
which the defendants seek to Justify
their acts, provides: THAT no per-
son shall. after the passage of this
act. enter upon any public lands with
a view of occupation, entry or settle
ment under any of the land laws.
nor be permitted to acquire title to
more than $40 acres of land in the
aggregate under all of the said laws,
but this limitation shall not operate
to curtail the right of any person who
has heretofore made entry or settle
ment on the public lands, or whose
occupation, entry or settlement Is val
idated by this act; provided. that in
all patents for the lands hereafter Ia
ken up under any of the land laws
of the United States, or on entries
or claims validated by this act west
of the Tooth medridian, it shall be
expressed that there is reserved from
the lands in said patent described
right- of-way thereon for bitches or
canals constructed by the authority
of the United States"
The plaintiff Masters on January
9. 1891. and subsequent to the ap-
proval of the said act, made pre-
emption settlement upon the lands
heretofore described: on November
%, 1894, he made payment to the
United States for the lands. and OBJ
tanned receivers receipt and a reg
ister's final certificate of presumption
entry and on July Q. 1895. a patent
of the United States was issued to
the Plaintiff Masters. containing the
reservation as provided in the act of
August 80, 1890. as follows: And
there is reserved from the lands
hereby granted a right-ofway thereon
for bitches or canals constructed by
the authority of the United States"
Under his presumption filing the
Plaintiff Masters took possession of
the lands In January, 1891, and ever
since that date has had the exclusive
possession of the same. and has
fenced, improved and cultivated the
same.
On January 81, 1902. and on Octo-
her 2l, 1902, withdrawal from entry
was made of large amount of pub
lie lands of the United States. situate
in Montrose and Delta counties, Col
orado, by the secretary of the inte-
rior of the United States, in connec-
ton with the Uncompahgre Valley
project of the reclamation service of
the United States, and the said secre-