44 BULLETIN 1001, U. S. DEPARTMENT OF AGRICULTURE. 



adjustment among the present users. In fact, what has here been 

 called an "economic holding" does not necessarily represent a 

 holding of the minimum economical size from the point of view of 

 efficiency in the use of the resources of the region. The way should 

 always be left open even for the homesteader to enlarge the scope 

 of his operations, provided such enlargement is in the interest of 

 efficiency. 



Fundamental to the making of any law is the realization that in 

 operation the proposed law must start with the present status of 

 the business and take that next step in development which leads 

 toward the ultimately desirable. The present adjustment works, 

 in a way; the proposed adjustment must work better or there is no 

 advantage in changing. It is not possible to clean the slate and 

 start the problem over again, but it is possible to make changes in 

 rules of procedure which will ultimately change the whole business 

 for the better, with less injustice to any one than results from the 

 present procedure. 



REQUIREMENTS THAT MUST BE MET. 



Legislation for the improvement of conditions must recognize 

 the equities of the present users, which should be considered not only 

 from the standpoint of justice to the men who possess them but 

 from the more important one of the best utilization of the land. 

 Several of the equities have been mentioned, but no summarized list 

 of them has been made. They are: Resident ownership of land; 

 nonresident ownership of land with or without stock-water; stock- 

 water of any kind, such as wells, springs or streams, reservoirs, pipe- 

 lines and other improvements; squatter's right to unsurveyed land; 

 homestead entryman's right to land entered but not yet patented; 

 lessee's right to leased land; mining claims held on assessment work; 

 priority rights of citizens as against aliens, and in some measure 

 mere priority of use. 



The difficulties to be overcome in the adjustment of claims for all 

 such equities have been met in one way or another in the administra- 

 tion of the National Forests, and the experience of the administrating 

 officials should prove suggestive and helpful. 



The right of governmental withdrawal of land from entry or use, 

 in accordance with law, is not to be questioned. • 



In the present state of public opinion it is probably wise to continue 

 the homestead policy as a method of disposing of lands suitable for crop 

 farming. If a reasonable minimum limit of productivity were main- 

 tained, the existing homestead laws need not seriously interfere with 

 the proper use of the arid grazing lands. It is doubtful if this has been 

 done, notwithstanding laudable efforts that have been made in that 

 direction. These laws could be given precedence over any others 

 designed to control the arid grazing lands. 



