The Holbrook news., 1921-04-01
"76" CATTLE co. IS
 FORCED TO GIVE UP
 ,2OOO SCHOOL ACRES

How the Seventy-six Cattle com pany of Graham county, secured pos session of some 2,0OO acres of land belonging. to the state industrial school, and how recently it was forced to relinquish the same, is the interest ing story which has come out of the state land department with the release of certain correspondence between w. T. Webb, head of the company, and Rudolph Kuchler, state land commits sioner.
 In view of the sundry attempts from time to time to secure the removal of the school from Fort Grant to a point more accessible and suited to the needs of the institution, the expose gives rise to no little speculation as to what might have happened if a democratic instead of a republican state administration had been elected last year. In that event, in the opin- ion of some, not only the lands but all of the fine buildings of the institu- tions, including the stone structures of old Fort Grant as well as the new do11nitories, together with barns, cor rals, and cement lined swimming pool, and all water rights of the school would have passed into the possession of the Seventy-Six cattle outfit.
 That there was any such intention is not shown in the records of the state land department, but they do show that:
 l. When the Fort Grant military reservation was turned over to Ari- zona by the federal government by the Qnohlinnr -o0f fI,n cfofa a0fa1 ,,14 ly to secure correct title by filing se- lections covering 1990.05 acres of land with the general land office at Phoe- nix
 2. The states selections were duly advertised in the Graham Guardian by order of w. A. Moeur, state land commissioner.
 3. Later minor changes were made in the selections, requiring Teadvertis- ing.
 I. On August 20, 1920, certifca- tions of lists embracing 1990.05 acres of land selected in the Fort Grant military reservation were received.
 Notwithstanding these facts, and without any consideration to the rights of the institution, there was is sued to >Webb about two years ago several five-year leases at three cents an acre on all of this land, including the section on which the industrial school plant is located.
 When Kuchler took office as land commissioner, he found a check dated December 31, 1920, for S1O63.2O to cover the leases on the Fort Grant lands as well as adjoining lands leased by the SeventySix company.
 hucnler refused to accept that DOT tion of the money applying to the Fort Grant land, and letter was sent to Webb advising him that an applica- tion had been pending since 1917, and recently renewed by the secretary of the board of directors of state insti- tutions, for lease of the lands for purposes in connection with the indus trial school and could not therefore, be leased to him.
 The records show that notwith- standing that it was the intention of the federal government and the state to use this land in connection with the industrial school, leases covering the same were issued to Webb on No vember 5, 1919, and that on. January 12, 1920, these leases were consoli- dated and renewed for period of five years to Webb.
 Kuchler in refusing Webb's lease money made clear his position by cit ing section 91 of the state land code which reads as follows:
 Right defined: The state of Ari- zona shall have the right, whenever. the same is necessary for it's uses, or for the uses of any department of the state government, or of a state institution, to take over any state lands and the improvements thereon, by reimbusing the owners of the i'm provements therefor, and the depart ment or institution so using the said lands shall lease the same and shall pay such rental as the commissioner shall fix"
 Upon receipt of this letter quoting the law Webb called at the office of the land commissioner, and after some statement to the effect he considered that he was within his rights in leas- ing the institutional land, signed written statement relinquishing all rights to the lease of these lands.
 By this action the state has been saved the trouble of filing suit in the courts to protect it's right, this action having been planned if the cattle com pany should show any desire to fight the issues.