Show RETURNS NS MONEY 1 i Bill Providing For Refunding First f THE EFFECT r OF THE ME MEASURE RE 4 WILL DB BE TO CASK TO Spee al eMe March l senator vy ns bill bUl providing for re en funding first ta ow un has bu buthe the senate The on the lJ wp s mode made by 5 Clark Ja committee ga ng resuMe of tile the es ot of the bill It W III U as follows J z h bill shall baJ pass p and ome become a law the loss aRd gala gaIn a account be the OR on one i side e and andt the t on the other would taIMI about u as follows government M loses nothing what It siMPlY pays back of 0 the money It received several I ago without Interest Oft on the same HIRe tar mr which It gave no DO thing or E value what whateVer eVer cAr cArS S government gains a athe athe the use or of this money moner since paid In up to the t time ot of proposed repayment b 13 a cancellation against each entry man ot of entry right la Is that the f cannot again agala enter des den desert dennet net ert lands As to the settler it Is dif different different ferent His losses are 1 His desert entry s has been Z 2 He will have lost the use ot his hl money monel during th Intervening years ears 3 And Anda a iJ of touch more Importance he will have lost all the money expended itt In men up upon n the forfeited Jand such as ten fences es etc the land hat haa reverted to the government Rest Restores res Part of the Profits The Proposed measure restores restore some part of th the losses orthe Settler by byI returning to him a part of If the gains of the but bU t even en after this I measure of partial justice the adan tg n 8 are re wIth th the government II as against the In man many of the western states and I territories there were vaSt vlUt areas or of public lands which In their natural condition were arid and and to whIch the preemption home homestead homestead stead and other existing land laws Were ere so inapplicable that no effort was 88 made to acquire quire title to them under these the e laws It teas as knon that a per por portion lion tion of these lands possessed a rich soil and It subject to artIficial Irrigation tion would become highly productive ks As an Inducement to their reclamation tion th the act of March 3 1817 wu was penned passed whereby hereby It was provided that any citizen clUzen of ed the United States or person who had declared his Intention to become S1 I could upon pa payment met of 6 26 cents centi per acre file declaration a under oath with the register ter and re receiver of tile Jose land o lee an his Intention to reclaim a ted trac desert land not exceed exceedIng Ing ORe one section by water upon the sam J and aDd that at any time tinte within three uze thereafter upon peA proof or of the of the tract a anSI upon ue the eIt of 0 the Mum um of It 1 e to if obtain a pew t fJ J t was by bys It s r to ahi lands ve of timber ber lands a and mineral minerai will not not without un spine 9 agricultural crop SatisfactOry Proof Made MadeT MadeI T of f the land department as to what e desert lands landa within t ot the th act of March arch 3 1111 Were were apt 1 traitors By said dr cir I c tat March U 12 the proof upon this point was to be mad to tM the sat Mt registers id receivers and the ng mn many do de at as satisfactory bythe by these e and aBd the tiling allowed by them u first Payment being made and aft th the claIms canceled because the land flIed filed upon produced a small but nat natural natural ural growth of grass gram or because of a small b but ut natural natura 1 gro growth th Of r trees upon minor portion thereof and this I even thau though h tike graSS or tends tre s were r of no value aIle I A growth of which Is err d to te be of as little value and we use a brush wa as for a long ong time Ume h held Jd by U the e land Mm Rt to be timber and therefore to except the land from the or of this art arl w while h subsequent decisions ot of courts In the western stems and territories hold held I that mesquite c be recognised as Umber and thIS Is no now the ruling of I the Jt land nd omen I The tal rulings permitted a small amount or of land landt t to he included Iii a claim where the topography of the country w was such sueh that t the su susceptible of nook net n be taken taben including some ome which was but the CUon of this rule rem time to time and the presence of the saNe name amount t of land laM was held In some and aM not Bet penn e IR in others Ute the claims he being g canceled in II the tatter latter The rulings with respect t to compact mesa DeM of t the e land Included hi a desert t w shifting and contradictory Os al rt appears In ift the MUM cases of wu llam Thompson I L It D sad aad T J TH H 11 Christensen 9 L Ii D aJ 1ST Clam Claims which w were re In tun nil conformity with the when the claims daims were ere were subs subsequently tue tl cancelled because not In hi conformity with later and aDd t changed rulings Gave an Unfair Advantage I iii many localities In the arid Staten atel Ul there e was an of land with witha a good soil but beit of oC water and In the effort under Bader this Statute statu to re re reclaim claim taim sold make productive and rain alai able JaR lands wheels walek otherwise were e alto gather e sod aile raise YahIe more e land JaRd wan waG up t than be and Irrigated with the avail available aWe able water supply TIle me result re WItS was that tM these wIto elto held or who alter ward t prior water ater we w adila their desert claims sad ethers were wee unable to tot tIIs t In SOMe sense the project for M to t the land teem froM remote mere dl sad e thin t at first plated ed and aad had IId to te be abandoned In r gisen I thE of alkali I or of tep Me mock In the Soil HU pre lO I soled I reclamation and aad eul th the a at abandon I meat t of the t eJa claim Ja 1 alt U these eaSes however the I I clamant was U reqUired to malta maM and aDd I dW did Je aisles the first payment Ii moPs tee peg aces eft but within tile the pu mery of cr a railroad land grant It 55 costs Mn acre d a am in those cases where th the claim Wal W sub u can roiled under tile t Or O stances referred to thE go government I still retains the lend and also holds the first payment on oui ThIs recitation it C the changing ng And D rules lies oftie toDd is 18 net l Intended t d as are upon the officers of that d department upon whom the difficult task of t teeing the art t Of II i i which was u her unLike s n ny preceding and abd la law Bud and the tbt 1 ot of which toul could oal b Sri c I ascertained by long experience and olt oh iR in U I Such recitation however doe dens show that tie the correct method Ulet Od alai of ad administering ministering and atad the a act WC waa learned learnd at great cou te t the claimants aM tt that the er ors and hn perfections tn in Its earlier administration tell hea heavily upon them Your committee e believes that In all cues cases where the claimant failed to title to the land rom from c ca It have we happened I It if not from his own frU fraudulent Ot or un Unlawful lawful act the first payment should be repaid to him Is 15 or gL The Tb government s lO Jt io nothing and i it cannot In equity and justice retain I I this money for w which l 11 the claimant without fault u upon his has baa re en celled no benet There is no occasion to extend the e provisions of the bill W to desert the act of 1151 1111 be beu u atme 0 1 since that act as assignments tats tae been reee recognized ed ta In conformity with its Ita exP direction and 2 ho fore the time thus of o that enactment the rulings of tb the deportment department as tAt to what is hand as to Including small areas 0 e land as asto asto to If the claim dum and aDd other matters had beene uniform and were set and regulations so that dIt claimants and subordinate la d were given such full fuU tion U as to render reDder Imp the mis mistakes tk takes to the administration of oC the caviler set |