Imperial Valley press., 1915-01-23

Again tne government mas given
warning that occupyers of withdrawn
lands will have no standing under the
law when the lands are re-opened to
filing.
These lands are on the north and
east sides of the valley, and in some
cases they have been highly devel-
oped, and it has been argued by
some, in spite of their withdrawal,
when the lands were restored to en-
try the squatters would be given
preference rights. Some color has
been given to this claim by the fact
that in very few cases it was in
dividually shown to the land office
that claims had been developed and
they were restored and the squatter
allowed to make final entry.
1t has also been proposed to secure
special enactment by Congress to rec
ognize preference right in the squat
ters at time of restoration.
Representatives of the Interior de-
partment who have been here to in
vestigate the local situation have
pointed to such special enactment as
the only possibility for obtaining pref
ercnce right recognition, and by them
il has been suggested that when res
toration should be made it would be
with filing privilege for forty or
eighty acres, instead of the liberal al
lowance of the general desert land
act.
As a matter of law, it has long
been known that the squatters have
nc rights, and there is no new prin-
ciple in the latest decision. But the
last word on this subject will not be
heard until Congress decides whether
to recognize such preference right by
special enactment.
The following from the Los Angeles
Examiner tells how the issue has just
now been brought to the fore again:
"A decision in effect evicting from
a vast territory in the Imperial Val
ley hundreds of landholders and
prophetic of serious trouble when the
area finally is opened to entry by
the government, was reported to Reg
lister Roche and Receiver Mitchell of
the land office yesterday by the sec
rotary of the interior in Washing
ton.
"The situation, as disclosed in this
instrument, is attributed by the local
officials to false advice given land
seekers by what are commonly called
"land sharks"-men who make a
practice of locating farmers on gov
ernment land for 'so-much per acre
fee
"The opinion, which is signed by
B. o. Sweeney, assistant secretary of
the interior, was rendered in the case
of Irwin w. McGrew, who appealed
from a rejection by the local land of
flee of his application to enter upon
an eighth section of land south of Nj
land in the Imperial Valley. The ap-
plication was rejected because the
land sought by him was within the
area withdrawn in 1909 for reclama
tion purposes in connection with the
Yuma project.
an view of this position, the gov
ernment henceforth will regard set
tiers in this tract as trespassers with
out rights of any kind, and although
many of them have constructed sub
stantial homes and have spent liberal
amounts in developing the lands set
tied upon by them, any other persons
will have an equal opportunity to
possess themselves of the lands when
an order is finally made opening them
to the public. This, it is feared, will
cause serious trouble.
"In reviewing the situation, Assist
ant Secretary Sweeney says:
"'While it has been determined to
open this tract, with adjoining lands,
to disposition, the plan to govern the
same has not yet been determined up
on. When adopted, it will not, how
ever, admit of according any prefer
ence under the application rendered
by McGrew, who must take his
chances with the general public by
compliance with the terms of the or
der, when issued, opening these lands.
at is said that practically all of the
settlers in this tract went there or
advice of the land sharks who in
formed them they would have prefer
ence rights when the land was final
ly opened. The territory involved ex-
tends from INLAND to the Mexican