The Clayton news. (Clayton, N.M.) 19??-1954, 1917-10-13
ENTRYMEN UNDER GAO ACRE GRAZING HOMESTEAD
N LAW HAS NO RIGHT TO THE LAND IS YET

offices
Sirs:-M My .ttentiOu has recently been
called to a conflict between a sheep
herder and an applicant under the
stockraislng homestead law vitAin the
state bf Colorado which resulted in
criminal charges in court. This h evil
IDENTIFY the outgrowth of a misupdei
standing on the part of the general
public. and OF the grazing homestead
applicants particularly as to the rights
of such applicants prior to allowances
of their applications / therefore ooh-
slider It advisable that you snould give
AZ much publicity as possible to the
following Information regarding the
rights of such applicants and the pro-
ducers in connection with the doslgna-
tion of stock raising lands and the Se'-
lection of stock drivcways. In ORDER u
prevent further difficulties OF this
character and to warn grazing hOnla
stead applicants and stockmen not 10
interfere with each other on pubic
land before their respective rights have
been finally settled and determined,
No Right Co CaltIvate
IL is expressly provided In the stock
raising homestead law that no right to
occupy the land applied for is aoQuiKed
! by reason of the fling of an applica-
tion TO enter lands thereunder unti1
they have been designated as stock
raising lands. Therefore applicants uR-
der said act, having no right OF oocn-
pancy, can not legally deny the use of
the land to another person. and shouIa
not attempt to cultivate or place i'm
provements uron ;rr aH1 prior to tas
designation. n f.l.- oaI Nd an apph-
cant fence the land priur to its desiE-
nation. he may render himself liable to
| criminal prosecution under the act of
| February 25. 1885 (23 stat. 32l). The
| Feoeipt and suspension of his applica-
tion prior to designation merely gives
to the first qualified applicant a pref
erentlal right to enter the land upon
its designation. subject to prior rights
and, where applicable, to the preferences
right OF additional entry accorded to
holders of adjoining lands by section
s of the act. A reservation OF the land
for stock driveway or other public pur-
poses prior to designation and allow
ance would defeat the application.
Applications to make homestead en-
try under the stockraising homestead
law must be accompanied by petitions
]
duplicate describing in detail tho
character of the lands applied for and
requesting their Designation under that
act. The applications, II otherwise reg
ular. are suspended in the local land
office while the petitions are forward
ed to this office, which transmits ono
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 In
terror the designation of the land if IL
: is found subject thereto All possible
, 'teps are being taken by that bureau
o hasten the examination of the lands
md field classification work Is now In
: progress in certain states.
Secretary Power
Z Section 10 of the stockraisiHg home
, stead law, authorizes the secretary OF
0 the interior. In his discretion to with.
p draw from entry lands necessary u
insure access by the public TO reserved
? watering places or needed for use Ia
o the movement OF stock from summel
9 and winter ranges or to shipping points
and prescribes certain limitations foi
the driveways TO be withdrawn there
,, under. Applications from stockmen an'
y recommendations from the forest ser
vice have been received for Withdrawal
z. OF lands for stock driveway purpose
% In Colorado and other states. Such ap
4 plicationg and accommodations do no
II segregate the lands and no rights ar
y acquired through the presentation o
l. such Applications. These application
and recommendations are referred I
IN" feld force ~ thir office for u care
"a full Investigation INTO all the facts bear
p Ing on the necessity and advlsabilit
rs of making the desired Withdrawals /
ID order that appropriate accommodates
Se may be made by this office in eae
case. Attempt is made in such invest
- cations to consult all property inter
Z ests Investigations to determine III
stock driveway necessities therein al
| being conducted in all the range state
and large part Of the work in Cole
! RADIO has been completed. Every emo
is being nude tu finish these investigi
I tions in o. der that the lands found ne'
essary for such purpose may be r.
served prior TO designation under q
| 6t0-acre provisions of the act.
Very respectfully
(Slgnod) CLAY TALLAAR.
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