IOO 



FORESTRY AND IRRIGATION 



March 



Important A recent important decis- 

 Desert-land ion affecting entries made 

 Decision. under the desert-land act 

 by the Secretary of the In- 

 terior is contained in the following letter 

 to the Commissioner of the General 

 Land Office : 



The Commissioner oj the 



General Land Office. 



SIR: By decision of July 23, 1903 

 (32 L. D., 207), the department ac- 

 cepted the final proof of John Cunning- 

 ham under his desert-land entry for the 



S. E. # of the N. E. X. sec - 2I > the 

 S. W. # of the N. W. # and the N. ^ 

 of the S. W. #, sec. 22, T. 43 N., R. 

 1 08 W., Landor, Wyoming, land dis- 

 trict. 



It is possible that some expressions in 

 that decision may be taken as indicat- 

 ing a purpose to encourage the offer and 

 sanction the acceptance of final proofs 

 in desert-land entries that do not clearly 

 establish a strict compliance with all the 

 requirements of law. Such a result was 

 not contemplated when that decision 

 was rendered, nor does the department 

 intend that there shall be any relaxation 

 in the enforcement of the requirement 

 that such proofs shall conclusively dem- 

 onstrate that the law and regulations 

 governing such matters have been com- 

 plied with in every essential particular. 



Possibly the proof in that case was 

 not so clear and explicit as such proofs 

 should be; yet it is not deemed neces- 

 sary or advisable to recall the decision 

 accepting it for further consideration for 

 the purpose of laying down with greater 

 exactness the proper rule to be observed 

 in passing upon final proofs in desert- 

 land entries. 



Proof which shows that because of 

 irrigation there is, on the land, "a 

 marked increase in the growth of grass, ' ' 

 or that j< grass sufficient to support 

 stock has been produced on all the land, ' ' 

 will not be accepted as showing a com- 

 pliance with that provision of the amend- 

 atory act of 1891 (26Stat., 1095) "that 

 proof be further required of the culti- 

 vation of one-eighth of the land. ' ' Act- 

 ual tillage must, as a rule, be shown. 

 If, however, it be shown, and it must 

 be made to conclusively so appear, that. 



because of climatic conditions, crops 

 other than grass can not be successfully 

 produced, or that actual tillage of the 

 soil will destroy or injure its productive 

 qualities, the actual production of a 

 crop of hay of merchantable value, as a 

 result of actual irrigation, may be ac- 

 cepted as sufficient compliance with the 

 requirement as to cultivation. 



That the entryman has an absolute 

 right to sufficient water to successfully 

 irrigate the land; that the 'system of 

 ditches to conduct the water to and dis- 

 tribute it over the land is adequate for 

 those purposes, and that the land has 

 been actually irrigated for a sufficient 

 period of time to demonstrate the suffi- 

 ciency of the water supply and the ef- 

 fectiveness of the system are essential 

 facts which must in all cases be clearly 

 established by the proofs. 



You will take such measures as may 

 be proper to bring these matters to the 

 attention of the local land officers. 



Very respectfully, 



E. A. HITCHCOCK, 



Secretary. 



This decision will be of great aid to 

 the reclamation service in protecting 

 the lands withdrawn in connection with 

 the various Federal irrigation projects. 

 Desert-land entries made prior to these 

 withdrawals and coming within their 

 areas will have to come up to the pre- 

 scribed standard or be canceled. 



Death of Henry Michelsen, su- 



Henry pervisor of the Pike's 



Michelsen. Peak Forest Reserve, 



9 died February 19 of 



pneumonia, at his home, in Denver, 

 Colorado, aged 56 years. 



Mr. Michelsen was born in Schles- 

 wig-Holstein. He had a remarkable 

 career, and had traveled a great deal 

 in the old world and obtained a general 

 knowledge and education much above 

 the average. 



He became a citizen of the United 

 States in 1869, and the same year en- 

 tered upon his work as a railroad man, 

 which occupation he followed in various 

 positions and localities for more than 

 thirty years. 



