Arizona republican., 1920-07-21
SHOULD PROTECT
 HONESTEADERS
 IN STATE LEASES
Attorney General Gives Opinion at Meeting Yes terday of State Land Board-Meeting Resumed Today

'I would suggest that the depart ment at least insist upon the states right of e-appraisement of renewed leases, such re-appraiseuent to date from the time of expiration of the original lease. Also that the depart ment insist upon recognition of the preferred right of the homesteader to any lands embraced in leases hereto fore or hereafter renewed, and that unless the holders of renewed leases voluntarily recognize all the rights above mentioned that such course be adopted by the department as will lead to the recognition of such rights, and that the land commissioner be re- Quested to ascertain what homestead CTS. if any, have been deprived of preference right Of lease by said re- newals, and lay such information be- fore the department at the earliest practicable moment"
 Attorney General Jones in an opinion rendered to the state land board yes terday covered the point relative to the homesteader's right to lease. holding that the homebuilder is entitled to the preference right to lease the acres ad- joining the property. This matter was fully and clearly gone into by the however, going into the subject of the perpetual land lease and the cancella- tion of such leases, which have been responsible for the attacks on the pol icy of the state land department.
 Ignore Advice
 The question of law is still to be de- termined by the board, which failed to follow the advice of R. E. Morrison, one of the attorneys vitaIly interested in the boards ruling, who charged the board to take the bull by the horn in the interest of justice"
 He contended that the board had condemned the dummy lease system and that the manly and just thing for the members to do would be to declare void the leases that were made under the condemned system.
 He charged w. A. Moeur, state land commissioner. the agent of the board, as acting without authority as the re- suit of careful deliberation to accom- plish the avoidance of the law on the subject of releasing. Attorney General Jones held that the land commissioner on the order of the land department cannot cancel a lease. which can only be done by a court of competent juris diction.
 Attorney General Rules
 He ruled that Said section 36 is the only section of the public land code providing for the cancellation of lease. and it will be seen under said provisions that the cancellation cannot be done by the land commissioner upon the mere order of the land de- partment, but can only be done upon the judgment of any court of compe- tent Jurisdiction.
 Section 37 of the public land code gives a preferred right of renewal upon the expiration of a lease to the holder of the expiring lease. and provides that such holder shall make application for renewal not less than 30 nor more than 60 days prior to expiration, and such renewal shall bear even date with the expiration of the old lease. for such term not longer than five years, at a re appraisal rental; and further pro vides that the commissioners may de- cline to renew the lease if it be for the best interests of the state. It ap- pears that leases have been renewed without complying with all the re quirements of said section 37, giving the lease holder the preference right of renewal and if such failure or omission is of such gravity and importance as to afford a reason for cancellation 1 advise that the department direct pro- ceedings therefor under said section 36 for such cancellation. I think the right of a homesteader to a preference right of lease of necessary number of adjoining acres, as provided in said chapter 166, is superior to the prefer ence right of renewal given to a lease holder under section 37 above men toned, and if not voluntarily given such preference by a lease holder seek ing renewal that the department should tect the homesteaderfs rights to lease
 ''The question also presents itself as to the status of the prior lease in the event of a court judgment declaring invalid the renewal lease, and that question would probably be determined by the court should the renewal be de- clared invalid, on account of the fail- ure and omissions to comply with the course prescribed by law; but it ap- pears to me that equity and justice would not deprive a lease holder and occupant of the lands of his rights which he had under the original lease which he requested to be cancelled for the sole purpose of renewal.
 Many Cattlemen Present
 The meeting of the land board was held in the court room of the supreme court at 1 30 o'clock yesterday after noon Although the hour had been set for 10 o'clock the opinion of the attorney general was not prepared in time to hold the session at the original hour There were many big cattle men present who will remain over until all matters scheduled are taken ID by the board which after being in session for several hours, adjourned until 10 o'clock this morning.
 It was shown that in a number of instances the state might have bene- fitted by higher rental values had the leases run to the expiration of the time before the renewals were grantd by the land commissioner.
 It was to prevent reappraisals that the game was cOncocted,' according to Mr. Morrison representative of pr. r. B. Perrin of Williams in the Perrin Hudspeth controversy over state lands. Dr. Perrin, who hopes to match up the 240,000 acres he purchased from the railroads with state lands, declared that if he had to ring a bell in every county in the state and call a public meeting he intended letting the people know the policy of the land depart ment, He referred to a promise made him by Mir. Moeur for the lease of sta te lands which he had leased to Tom Pol lock one of the wealthiest men in northern Arizona. He said that he had made an offer of $10 00O for sec ton at Sunrise Springs, the improve ment on the section being valued at present at S2,700 He had offered double for q lease of the land which had been renewed to the Hudspeth company. and referred to Pollock and others interested as the small men'