Arizona republican., 1920-07-21

inaI discussion stated that there was no preference right after leases were cancelled under the dummy lease sys- tenn and renewed. He held that the can ceuation gave no preference right-a condition not touched by the attorney general. He asserted that the land commission was without law or authority to lease in this way and if the board held that he acted without scope or authority the lease should not be in effect and the matter need not go through the courts. Taking the matter into courts would mean endless litigation. MT. Morrison said in urging the commission to say the leases oo- tained before the expiration Of the lease were illegally issued
 "The responsibility rests with the board. not. the courts,' he claimed.
 When Mr Morrison again made reference to the fact that the lands were not re-appraised before renewal of leases, MT. Davis of the Hudspeth company, took exception, stating that the lands had. been appraised.
 At how much?" he was asked.
 At the same value"
 He admitted that extensive improve ments had been made, but inquired If a man should be taxed for his own 1rn- provements.
 Mrs. Fixes Case The land Davis leased as grazing land at cents an acre has been im- proved with pumps, and cotton is now being produced on the property.
 Do you mean to say that the char acter of the land has not been changed?' Governor Campbell asked. The first case of renewals where there were adverse applicants will come up before the board this morn ing. It is the case of Mrs. Lydia s. Fike, a homesteader, who filed appli- cation for adjoining land. The pres 1 e IPGSPRS arr HillT1a0 and Graves and Leon s. Jacobs, who represents Mrs. Fike, made the open offer before the board yesterday to pay to the state two or three cents more than the re- appraisement; to buy the land at S4 an acre, or a S1 more than the mini mum $3 an acre, or to bid on the prop erty.
 Mrs Fike has dairy business which she conducts on her homestead near Naco and a section of land she leases from the state. She furnishes milk to the city of Bisbee. supplying onehalf of the amount used in the mining town. In need of feed for her cattle she filed application for state land.
 MT. Jacobs asked that the equities l be considered. He spoke of the im- provements on the homestead on which she has lived for a quarter of 8, cen ] tury. He said that five years ago Mrs. Fike filed an application which was rejected without hearing and that now she QeSlred 10 De heard. lie compared her improvements with those of Hillman and Graves which, he said consisted of a mile of fence He re- minded the board that the lands were used by the Hillman and Graves com pany to fatten cattle brought in from I Mexico and returned to Mexico.
 Meeting Is Continued ! Governor Campbell inquired as to the ] land interests of Mrs. Fixes children i and in reply Mir. Jacobs asked if the i land holdings of the other interested i parties represented by John II. Page might also be gone into.
 Before the case was continued until ] this morning MT. Jacobs read from the opinion handed down by the attorney l general Q, few hours before in which he 1 gave the homesteader preference rights.
 Tn accordanc with my advice given several months ago, that the right of i the homebuilder and homesteader. is entitled to a preference right of Ieas- ] ing under the provisions of Chapter 166 Session Laws Of 1919, which reads as follows:
 Any person occupying q United ! States homestead lying adjoining
 shall, upon applica ton as in this
 Act provided, have preference
 right to lease such number of ad-
 Joining acres as is necessary for the personal use of such home j steader.
 I And 1 now advise such course be i adopted as will protect the homesteader i Tn all his rights given by said provision or law. The Statute distinctly makes his right a preference right to lease |"