THE IRRIGATION AGE. 



351 



trol to believe that this year, with only half the distance 

 to travel, there will be a much larger attendance from that 

 state. 



Larger delegations from the South are also anticipated. 

 Exhibiting a keenness and alertness, second only to that 

 found in the West, the southern people are willing to travel 

 long distances to gain information that may be of value in 

 their home industrial development. Last year a special train- 

 load from Florida, headed by Governor Gilchrist, attended the 

 Congress at Spokane. 



Citizens of Pueblo, as well as the officers of the Congress, 

 are deserving of a generous measure of credit for the work 

 which has already been accomplished toward exciting wide 

 interest in the Pueblo gathering. 



The IRRIGATION AGE is preparing to issue three mammoth 

 special editions in the months of July, August and September, 

 to boom the Congress. At its command, at the present time, 

 are many excellent photographs and illustrations, as well as 

 a great mass of interesting information about irrigation and the 

 West all of which will be used in making these editions at- 

 tractive. It is proposed to issue editions that will rival, if not 

 surpass, the elaborately illustrated Irrigation Congress num- 

 ber of May, 1909. 



A decision of more than ordinary interest is 

 Land Entry t h at handed down by the Register and Re- 

 Contest ceiver of the Boise (Idaho) Land Office re- 

 Reaches cently, in the case of a contest of a Desert 

 Dec's'on Land Entry, for insufficiency of proof, and 

 which, if sustained upon appeal, will result in 

 the cancellation of a large number of desert land entries in 

 the vicinity of Mountain Home. The crux of the decision is 

 that water rights sold by the "Great Western Beet Sugar 

 Company" (now defunct), are insufficient to offer as proof 

 unless it can be shown that the company was actually estab- 

 lished in its right to waters deeded. The decision states: 



"It is an established principle, that persons making a 

 purchase of this kind are charged with knowledge of condi- 

 tions affecting the validity of that which they thus seek to 

 secure. If this water-right is not such a valid right as is 

 required by law in desert land entries, then this expenditure 

 was not valid, even though the contestee may have made the 

 payment in good faith the abstract of title does not show 

 that the company had any water to deed it issued a deed 

 to Altschul and Altschul issued a deed to Dearinger. 



"The supposition, of course, is that the company had 

 some water, but it appears from testimony that it never had 

 enough to irrigate even the limited acreage upon which crops 

 had been planted. Therefore, it does not seem possible that 

 it could have had enough water, when issuing this deed, to 

 supply land that was outside the small cultivated section and 

 far beyond the reach of any constructed canal system. The 

 company issued a warranty deed, $800.00, for a 40-acre right, 

 to Altschul and Altschul issued a quit-claim deed to the 

 contestee for half the right, securing from her $600 in cash. 



"It will be observed, further, that Altschul has refused 

 to state whether he paid the company in cash (as required 

 by law), nor would he make any statement as to the man- 

 ner of payment. It is significant that he quit-claimed a por- 

 tion of the alleged right secured under warranty from the 

 company. Under the regulations desert entrymen if they 

 rely upon the purchase of water-rightsmust, also, produce 

 a sworn showing from the company of the amount of water 

 controlled by it, and the amount it has disposed of. It is not 

 proposed that paper rights shall be used in making proof 

 unless those rights have absolutely valid foundation. 



"In this case there is nothing to show that the company 

 had anything to sell to Altschul. 



"Upon the evidence we are obliged to conclude that this 

 so-called water-right was not valid that it did not have such 

 a foundation as is contemplated by law. 



"When an entryman makes payment on a water-right, 

 whether that right be purchased direct from the company 

 proposing to furnish the water, or from someone to whom 

 it has already made a transfer, the supposition is that the 

 money, directly or indirectly, goes toward the construction 

 of a system for supplying water. We are justified in as- 

 suming that Altschul did not pay this company in cash. At 

 the time he gave his testimony he knew what the depart- 

 ment requires, and his refusal to answer justifies the infer- 

 ence, that cash payment was not made, and, in such case, the 

 cash payment made to him, by this entrywoman, was not a 

 payment toward the reclamation of this land, that is, the 

 money did not, directly or otherwise, go toward the con- 

 struction of an irrigation system. 



"We hold the allegations of the affidavit of contest have 

 been sustained and the entry should be cancelled." 



One of the most important measures adopted 

 Amendment by Congress at its present session is the 

 Prohibits amendment to Carey Act Statutes introduced 



Speculative by the Honorable Frank M. Mondell, Chair- 

 p.,. man of the House Public Lands Committee 



and known, officially, as "House Resolution 

 21428." The purpose of the act is well expressed in the re- 

 port of the Committee of Public Lands recommending the 

 passage of the bill in which it is stated, verbatim: 



"The advisability of legislation providing for tem- 

 porary withdrawals of lands, the irrigation of which is 

 contemplated under the Carey Act, has been referred to at 

 various times by officials of the Interior Department. 



"The necessity for the legislation arises from the fact 

 that when the state, or its agents, proceed to the survey, 

 platting, and mapping of a given area with a view of apply- 

 ing for the segregation of the same under the Carey Act, 

 there is very likely to be filings made on the land, more or 

 less speculative in character, the effect of which has been, in 

 some instances, to entirely defeat the successful carrying out 

 of an irrigation project. 



"Various Secretaries of the Interior and Commissioners 

 of the General Land Office have had their attention called 

 to this condition and have from time to time suggested legis- 

 lation which would remedy it by authorizing the secretary to 

 make temporary withdrawals of areas within the limits of 

 which it was proposed to segregate lands with a view of re- 

 claiming them under the Carey Act. The bill now reported 

 is intended to meet this condition." 



The act, as approved, reads as follows: 



"An act authorizing the Secretary of the Interior to 

 make temporary withdrawals of public lands for certain pur- 

 poses. 



"Be it enacted by the Senate and House of Representa- 

 tives of the United States of America in Congress assembled, 

 that to aid in carrying out the purposes of Section 4 of the 

 act of August 18, 1894, entitled, 'An act making appropria- 

 tions for sundry civil expenses of the government for the 

 fiscal year ending 1895, and for other purposes,' it shall be 

 lawful for the Secretary of the Interior, upon application by 

 the proper officer of any state or territory to which said 

 section applies, to withdraw, temporarily, from settlement or 

 entry, areas embracing lands for which the state or terri- 

 tory proposes to make application under said section, pend- 

 ing the investigation and survey preliminary to the filing of 



