New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1917-10-05
DEFINING RIGHTS
OF STOCKMAN
AND APPLICANT
COMMISSIONER OF GENERAL
LAND OFFICE MAKES RUL.
ING OF IMPORTANCE TO
THOUSANDS OF HOME
STEADERS IN STATE

/ Inc IOllOWiHg Official opinion, writ
ten by Clay Tallman, commissioner
of the United States general land Of
flee, at Washington. to the regis
ter and receiver of the United States
land office at Montrose, Colo, will
be of interest to the thousands of
holders of homestead land in New
| Mexico.
Department of the Interior, General
Land Office, Washington, D. c.,
Register and Receiver u. S. Land
Office, Montrose, Colo,
Sirs-My attention has recently
been called to a conflict between a
Isheep-herder and an applicant under
the stock-raisng homestead law with
in your district which resulted in
criminal charges in court. This is
evidently the ottgrowth of misun-
derstanding on the part of the gen.
erat public, and of the grazing home
stead applicants particularly as to
the rights of such applicants prior to
allowances of their applications.
therefore conside. il advisable that
you should give as much publ .itJ
as possible to the following inform
alton regarding the, rights of such ap-
lplicants and the producers in COIL
Injection with the designation of stock
raising lands, and the selection of
stock driveways, in order to prevent
further. difficulties of, this character
and to warn grazing homestead ap-
Iplicants and stockmen not to inter
fere with each other on pubic land
before their respective rights have
been finally settled and determined
No Right To Cultivate
It is expressly provided in the stock
raising homestead law that no right
to occupy the land applied for is
acquired by reason of the filing of
an application to enter lands there
under until they have been designat-
ed as stock-raising lands. Therefore
applicants under said act having no
right of occupancy, can not legally
deny the use Of the land to another
person, and should not attempt to
cultivate or place improvements up
on the land prior to its designation.
In fact, should an applicant fence
the land prior to its designation, he
may render himself liable to criminal
prosecution under the act of Feb
ruary Is, 1885 (23 Stat, 32D. The
receipt and suspension of his appli-
cation prior to designation merely
gives to the first qualified applicant
a preferential right to enter the land
upon its designation, subject to ior
rights and, where applicable. to the
preference right of additional entry
accorded 70 holders Of adjoining lands
by section 8 of the act. A reserva-
tion of the land for stock driveway
or other public purposes prior to
designation and allowance would de-
feat the application.
Petitions Must Accompany
Applications to make homestead
entry under the stock-raising home
stead law must be accompanied by
petitions in the form of affidavits,
executed in duplicate. describing in
detail the character of the lands ap-
piled for and requesting their desig-
nation under that act. The appli-
cations, if otherwise regular, are
in the local land office
while the petitions are forwarded to
this office, which transmits one copy
of each petition to the geological
survey in order that the bureau may
make the necessary examination and
recommend to the secretary of the
the designation of the land
if it is found subject thereto. All
possible steps are being taken by
that bureau to hasten the examina- /
ton of the lands and field classifica-
ton work is now in progress in GER
tain states.
Secretary's Power
Section 10 OF the stock raising
homestead law authorizes the sec
retary of the interior. in his discre-
tion, to withdraw from entry lands /.
necessary to insure access by the .
public to reserved watering places or
needed for use in the movement of
stock from summer and winter ranges .
Or to shipping points, and prescribes
certain limitations for the driveways
10 be withdrawn Hereunder. Appli- ,
cations from stockmen and recon-
from the forest service
rave been received for withdrawal
of lands for stock driveway purposes
n Colorado and other states. Such
applications and recommendation do
lot segregate the lands and no rights
ire acquired through lne pIeSeltd-
ion of such applications. These ap-
,lications and recommendation are
'eferred to the field force of this
office for a careful investigation into
III the facts bearing on the neces-
ity and advisability of making the
lesired Withdrawals in order that ap-
,ropriate recommendation may be
made by this office in each case.
Attempt is made in such investiga-
ons to consult all proper interests
to determine the stock
driveway necessities therein are be-
ng conducted in all the range states
md large part of the work in
Colorado has been completed. Every
ffort is being made to finish these
in order that the lands :
ound necessary for such purpose
nay be reserved prior to designation
lnder the 640-acres provisions of the
ct. |,
Very respectfully,
Signed)
CLAY TALLMAN.
Commits sioner