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Tombstone epitaph. (Tombstone, Ariz.) 1887-current, September 24, 1887, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn95060905/1887-09-24/ed-1/seq-1/

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JTO. 8.
The Last Circular from Commissioner Sparks in
Which He Places His Construction on the
Desert Land Act.
Depaktmenv of the Interior,
Gunekal Land Office.
Washington, D.C.June 29, 1887. )
Registers and Receivers, U. b. Land Office:
Gentlemen: The first section of the
act of March J, 1 S77, entitled: '"An act
to provide for the sale of desert lands in
certain States and Territories," provides
for the reclamation of such lands by
"conducting water upon the same." The
second section orovides "that all lands
exclusive of timber and mineral lands
which will not, without artificial irriga
tion, produce some agricultural crop,
shall be deemed desert lands within the
meaning of this act," and the third sec
tion provides that "the determination of
what may be considered desert land shall
be subject to the decision and regulation
of the Commissioner of the General Land
It is therefore prescribed as follows:
1st. Lands bordering upon streams,
lakes or other natural bodies of water, or
through or upon which there is any
stream, river, arroya, Inke, pond, body of
water, or living spring, are not subject to
entry under the desert hind law until the
clearest proof of their desert character is
2d. Lands which produce native
grasses sufficient in quantity, if unfed by
grazing animals, ,to mike an ordinary
crop of hay in usual seasons are not des
ert lands.
3d. Lands which will produce an ag
ricultural crop of any kind, in amount to
make the cultivation reasonably remun
erative, are not desert.
4th. Lands containing sufficient mois
ture to produce a natural growth of trees,
are not to be classed as desert lands.
1 . The amount of land which may be
entered by any one person under the
desert land act cannot exceed one section
or six hundred and forty acres, which
must be in compact form, and no person
can make more than one entry.
2. Desert land entries are not assign
able, and the transfer of such entries,
whether by deed, contract, or agreement
vitiates the entry. An entry made in the
interest or for the benefit of any other
person, firm or corporation, or with the
intent that the title shall be conveyed to
any other person, firm, or corporation is
3. The price at which lands may be
entered under the desert land act is the
same as under the pre-emption law, viz:
Single minimum lands at $1.25 per acre,
and double minimum lands at $2.50
per acre. (Section 2359, U. S. Rev.
4. A party desiring to avail himself of
the privileges of the desert land act must
file with the Register and Receiver of the
proper district land office a declaration,
under oatb, setting forth that the appli
cant is a citizen of the United States, or
that he has declared his intention to be
come such. In the latter case a duly
certified copy of his declaration of inten
tion to become a citizen must be pre
sented and filed. It must also be set up
that the applicant has not previously ex
ercised the right of entry under the pro
visions of this act, and that he intends to
reclaim the tract of land applied for by
conducting water thereon within three
years from date of his declaration. The
declaration must also contain a descrip
tion of the land applied for, by legal sub
division if surveyed, or if unsurveyed as
nearly as possible without a survey, by
giving with much clearness and precision
as possible the locality of the tract with
reference to the already established lines
of survey, or to known and conspicuous
landmarks, so as to admit of its being
readily identified when the lines of sur
vey come to be extended.
5. Your attention is called to the
terms of this declaration's provided by
existing regulations (Form 4-274) which
are such as require a personal knowledge
by the entrymen of the lands intended to
be entered. The required affidavit can
not be made by an agent nor upon in
formation and belief, and you will here-
alter reject all applications in which it
does not apptar that the entrymen made
the averments contained in the sworn
declaration upon his own knowledge der
ived from a personal examination of the
land. The blank in the declaration to
wit: "That I became acquainted with
said land by ," must be filed in
with the full statement of the facts of his
acquaintance with the land and how he
knows its character as alleged. Said
declaration must be corroborated by the
affidavit of two reputable witnesses who
are acquainted with the land and with
the applicant, and who must clearly state
their acquaintance with the premises, and
the facts as to the condition and situation
of the land upon which they base their
judgment (Form 4-074.)
6. Applicants and witnesses must in
all cases state their places of actual resi
dence, their business or occupations, and
their post-office addresse3. It is not
sufficient to name the county and State
r Territory where a party lives, but the
town or city must be named, and if a res
ident is in a c ity, the street and number
must be given.
7. The declaration and corroborating
affidavits may be made before either the
Register or Receiver of the land district
in which the lands are situated, or before
the judge or clerk of a court of record of
the county in which ihe lands are situat
ed, and if the lands are in an unorgan
ized county, then the affidavit may be
made in adjacent county. The deposi
tions of .ipplicant and witnessess in mak
ing final proof must be taken in the same
manner; and the authority of any prac
tice or regulation permitting original or
final desert land affidavits to be executed
before any ether officers than those nam
ed above, is hereby revoked. The affi
davits of applicant and witnesses must in
every instance, either of original applica
tion or final proof, be made at the same
time and. place and before the same
When proof of the character of the
land has been made as above required to
the satisfaction of the district officers,
the applicant will pay the Receiver the
sum of twenty-five cents an. acre where
the laud is single minimum, and fifty
cents where the land is double minimum.
The Register will receive and file his
declaration, and the Register and Re
ceiver will jointly issue, in duplicate, a
certificate (Form 4-699) acknowledging
the receipt of the twenty-five or fifty
cents per acre, as the case may be, and
the filing of the declaration. One of
these duplicates will be delivered to ap
plicant; the other will be retained by the
Register and Receiver with the declara
tion and proof. They will bear a num
ber according to the order in which the
certificate was issued. The Register will
keep a record of the certificates issued,
showing the number, date, amount paid,
name of applicant, and the description of
the land applied for in each case, and,
in addition, he will note the same upon
his plats and records as in case of ordi
nary entry. At the end of each month
he will, with his regular returns, for
ward to the General Land Office an ab
stract of the declarations filed and cer
tificates issued under this act during the
month, accompaning same with the
declarations and proofs filed and the re
tained copy of certificate in each case.
The Receiver will also account for the
money received under this act in the
usual form.
9. Surveys of desert land claims can
not be made in advance of the regular
progress of the public surveys. After a
township has been surveyed the claim
must be adjusted to the lines of the sur
vey. 10. Persons making desert land en
tries must acquire a clear right to the
use of sufficient water for the purpose of
irrigating the whole of the land, and of
keeping it permanently irrigated. A per
son who makes a desert land entry before
he has secured a water right, does so at
his own risk; and as one entry exhausts
his right of entry, such right cannot be
restored or again exercised because of
failure to obtain water to irrigate the land
selected by him.
11. The source and the volume of
water supply, how acquired and how
maintained, the carrying capacity of the
ditches, and the number and length of
all ditches on each legal subdivision of
the land, must be specifically shown.
Applicant and witnesses must each state
in full what has been done in the matter
of reclamation and improvement, and by
whom, and must each answer fully and
of their own personal knowledge, the
questions propounded in the final proof
depositions. They must state specifically
whether they at any time saw the land
effectually irrigated, for without know
ledge thus derived the fact of reclama
tion remains a matter of conjecture.
(Case of Charles H. Shick 5. L. D.
12. The whole tract and each legal
subdivision for which proof is offered
must be actually irrigated. If there are
some high points or uneven surfaces
which are practically not susceptible of
irrigation, the nature, extent and area of
such spots must be fully stated. In this
connection, the right of the water us.ed,
the quantity of it, the manner of distri
bution, and the permanence of the sup
ply, are all to be taken into considera
tion. (Case of George Ramsey, 5. L. D.,
13. Before final proof shell hereafter
be submitted by any person claiming to
enter lands under the desert land act,
such person will be required to file a no
tice of intention to make such proof,
which shall be published in same man
ner as required in homestead and pre
emption cases.
14. Contest may be instituted against
desert land entries for illegality or fraud
in the inception of the entry, or for fail
ure to comply with the law after entry,
or for any sufficient cause affecting the
legality or validity of the claim. Con
testants will be allowed a preference
right of entry for thirty days after notice
of the' cancellation of the contested
entry, in the same manner as in home
stead and pre-emption cases, and the
Register will give the same notice and be
entitled to to the same fee for notice as
in other cases.
15. When relinquishments of desert
land entries are filed in the local land
office, the entries will be canceled by the
Register and Receiver in the same man
ner as in homestead, pre-emption, and
timber-culturelcases under the first sec
tion of the act of May 14, 1880. (21 Stat.
16. Nothing herein will be construed
to have a-retroactive effect in cases where
the official regulations of this Depart
ment in force at the date of entry were
complied with.
Wh. A. J. Sparks,
Approved June 28, 1887:
L. Q. C. Lamar,
. .
Visalia Delta.
As an example of what can be done
with improved machinery and skilled
labor, the work .on the Haggin & Carr
ranch in Kern county is cited. When
the company first commenced digging
canals the actual cost for dirt excavated
in a canal sixteen feet wide, was 124
cents per cubic foot. The actual cost of
like work now being done on the ranch
is less than 3 cents per cubic foot, and
the canals are made equally as strong
and good. Formerly it cost to prepare
and seed an acre of ground to alfalfa,
exclusive of seed, $1.50. Last winter
the actual cost for like work was I2
cents per acre. The same reduction, or
a great reduction, is noted in planting
and harvesting grain, mowing and stack
ing alfalfa, and in various branches- of.
farm labor. Improved machinery, man
ufactured on the ranch, and skilled,
systematized labor, has wrought the
change, for wages have scarcely varied.
(From the Record.)
Deputy Sheriff M. McKenna arrived
from Tucson yesterday having a letter
from Const. Littlepage to his wife to give
Mr. McKenna the keys to the old Daily
News office; that the material therein,now
held by attachment, had been replevined
by Tombstone parties. We see on the
newspaper horizon a new paper for No
gales, and also there appears following its
wake, about two months later, a newly
covered newspaper grave.
Tom Ca senega arrived yesterday from
Altar District, where he, with Col. Stok
ing and Tom Burke, have denounced a
good mine. The sample of ore that
Tom brought in is the finest looking
that has ever been brought to town.
Messrs. Swan P. Nelson and James
Breen are the sureties on the bond of
Pat English and C. Kramer, for building
the Nogales jail.
Mr. G. A. Avery will soon have his
stamp mill in full operation.
Capt. C. H, Frost returned from Ft.
Huachuca last Friday, having finished
his contract.
Lieut. McNutt visited his family at Ft.
Huachuca last week.
The Nogales smelter will now run
constantly, having a good supply of ore
on hand and plenty coming in. It is a
fine sight in the evening, to see the bright
lights flashing, and hear the constant
roar by day and night of the smelter
bringing forth "the root of evil."
Messrs. Snodgrass and Gray commen
ced building the foot bridge over the ar
royo opposite Mr. Hogan's yesterday. It
will be a truss bridge with span of forty
feet; cost $60,00; money raised by sub
scription. . .
Last Monday two masked men, with
drawn revolvers, mounted the cab of the
Texas Pacific eastbound train as it pull
ed out of Benbrook, a small station a few
miles west of Fort Worth. The engineer
was ordered to run the train a few miles
west of Benbrook, where the train was
stopped just over a high" trestle. Here
two other masked men boarded the train
and the fireman and engineer were plac
ed under guard. A dozen shots were
fired into the express car, and the door
was finally opened by express messenger
Maloney. One of the robbers then en
tered and cleaned out the safe and went
into the mail car, the messenger offering
no resistance. Every registered letter
was secured by the robbers. The work
was done in ten minutes, and the engin
eer was then ordered to pull out. The
train was the through express from San
Francisco. The booty taken was valued
at thirty thousand dollars.
Horses taken to pasture by G. W.
Trull, at the Boston Mill Ranch, for $3
per month.
Climax chewing tobacco only 50 cents
a plug at the Willows cigar store.
Wolcott buys and sells for cash and
hence cannot be undersold.
The Epitaph has the very best
facilities for doing every variety of job
printing. Work will be finished when
promised, in the highest style of the
typographic art, and at the lowest living
The celebrated J, H. White butter can
be bought only at Wolcott's. This is
ilt edge.
The best butter in town at Wolcotts
The J. H. White brand.
Description of an'lmportant Work Nearing Com
pletion In Arizona, Which Should Find
Counterparts In Cochise County.
(From the Arizna Journal-Miner.)
The most important problem to be
solved in Arizona is the water question.
The fertility of its soil, the richness of its
grazing lands, the wealth of its mines are
unquestioned, but with all their natural
resources comes the question of a water
supply for their development. Broad
and fertile valleys, for want of water, lie
unused and unproductive, which could
be made productive as any in the world
with it. Thousands of acres of rich gold
bearing gravel beds are also found all
over this country, which only lack a
water supply .to make them yield their
rich treasures. In some portions of the
Territory the waters of the larger streams
have been diverted from their natural
channels for the irrigation of adjacent
lands, with the most satisfactory results.
Yavapai county is unfortunate in this
respert, in that, with one or two excep
tions, it has no streams of large propor
tions which will furnish a water supply
either for extensive irrigation or for pla
cer mining any considerable portion of
the year. The question of storing water
for these purposes has naturally attract
ed the attention of those interested in
developing its resources. Nature has
provided many reservoirs leading into
steep, rocky canyons, and has apparently
invited human enterprise to utilize them
by placing a barrier to the waters in
these canyons, and store the supply lav
ishly given, but unequally divided during
the year. About five years ago Wells H.
Bates conceived the idea of excepting
nature's in vitation and of putting into
practical operation an enterprise of this
kind. The Hassayampa, at a point near
the confluence of three of its tributaries,
just where it enters into a very narrow
and rocky canyon, seemed to his prac
ticed mind to be just such a place as
nature intended for use of this kind,
while the comparatively level area along
the stream and its tributaries immediate
ly above it would furnish a natural reser
voir for water. Away down the canyon
below it are not only rich placer grounds,
but rich grazing lands. In these he saw
an opportunity for utilizing and turning
into wealth the waters which could be
stored in the reservoir. He had an ex
tended and careful survey made of the
country for miles, and the enterprise was
enthusiastically pronounced a practical
one by engineers. His next move was
the organization of a company with suffi
cient capital to carry the enterprise
through to a suscessful culmination. In
this he was successful, after the usual de
lays incident upon the organization of any
great enterprise.
In June, 1886, a little over one year
ago, work was commenced on the dam
for storage purposes, the company in the
meantime having purchased the ranch
of Judge Abner Wade immediately above
the dam site, for reservoir purposes.
Work has been pushed on the enterprise,
and October 1, of this year, or probably
an earlier date, will witness its comple
tion. A representative of the Journal-Miner
visited the enterprise the early part of
last week and, notwithstanding all that
had been told him, was surprised at its
magnitude when witnessing it for the
first time. As previously stated, the
dam is located in a narrow gorge in Has
sayampa Creek, whose walls of solid
granite rise on either side to a height of
several hundred feet. At its base the
dam is only 80 feet in length, across the
canyon. The gradually widening space
between the walls of the latter, however,
make it about 400 feet in length at the
top a height of 1 10 feet. As a resist
ance to the immense pressure against
it when full, it is 130 feet thick at its
base, gradually sloping on both sides un
til at the top it will be only 10 feet across.
Its construction is as solid and substan
tial as is possible for human genius to
build. A wall built of rocks weighing
from two tons down, 12 feet in thickness
is built on the face and back of the dam,
and the intervening space is filled in with
loose rocks thoroughly stamped down.
On the upper face, against which the
water rests, a skin of timbers is built.
First against the rocky face of the struct
ure is a frame work of timbers 8 inches
square. To these are fitted and spiked
a solid face of timbers, closely joined, 8
by 3 inches. Over this is placed a thick
covering of water-proof asphaltum-cov-ered
felt, and on top of this again is an
other covering of timbers 3 by 8 inches.
The latter is calked as tightly as the hull
of a ship. The outer covering of the skin
of the dam, after being calked, is then
painted with a heavy coat of dark water
proof paint.
The rock work of this immense struct
ure is under the supervision of Gen.
George D. Nagle, who has a contract for
its completion. He took charge of the
work in February last. The first thing
he did on taking the contract was to dis
card the slow process of "snaking in"
rocks over an ox trail, and build tram
ways on both sides of the canyon run
ning down to the dam. A tramway built
on a trestle work 20 feet high was then
run across the center of the dam. The
cars containing about a cubic yard of
rock each are loaded in the quarries on
the hillside and let down the incline, the
weight of a loaded car drawing an empty
one up; so that within a few seconds
from the time it is loaded in the quarries
it is run out over the dam, and dumped
there, while workman below roll and ar
range the huge rocks in their places in
the structure. As soon as the rocks
reach a level with the trestle-work, an
other one 20 feet high is built on top of it
and work of filling that level is commen
ced. As an illustration of the rapidity
with which Gen. Nagle pushes work on
the structure, it became necessary on
Saturday night to erect new trestle work,
the distance then across the dam being
300 feet. At 7 o'clock the next morning
the work was completed, a track laid on
it and cars were crossing it.
An electric light plant, composed of
apparatus for generating the electricity
with six lamps of 1000 candle power each,
distributed at convenient points. in the
quarriesjand ontthe dam, furnishes light
for a force of workmen at night so that
work never ceases and, metaphorically
speaking, the enterprise never sleeps.
When completed and full the dam will
contain in round ncmbers 15,000,000,000
gallons of water. It will extend up the
Hasayampa a distance of two miles, up
Arastra Creek one and one-fourth miles,
Minnehaha three-fourths of a mile, and
up Blind Indian Creek about one-third
of a mile. It greatest width will beat
the mouth of Arastra Creek about one
half mile. Within the area of the water
lines will be contained, including islands,
about two square miles, while the water
itself will cover an area of 850 acres.
The weight of the dam itself will be be
tween 85,000 and 100,000 tons, and will
cost about $250,000. From the above
It will be seen that this enterprise is one
of the greatest magnitude in the Terri
tory, and when in successful operation
will be great in results to the Territory.
It contains at present about forty acres
or 120,000,000 gallons of water, being in
places 30 feet deep. Gen. Nagle, in des
cribing it to the Journal-Miner man,
proudly boasted that "it is the best dam
in America," and there are none who will
say nay to the assertion who have seen
Leave your order for the San Francis
co Chronicle at Sol Israel's. Price, One
month 65 cents; Six months $4; One year
$7 . Payable in advance.
on Fifth street, between Fremont and
Surgeon. Office corner of Sixth and Fre
mont streets, Tombstone, Arizona.
Law, Toughnut street. Tombstone, Ariz.
Law, Fourth street, Tombstone, A, T.
Law, up stairs in County Court House,
Tombstone, A. T.
Public and Conveyancer. Office in Occi
dantal Hotel, Allen street, Tombstone, A. T.
Surveyor, Tombstone, Arizona. Member
of the American Institute of Mining Engineers.
Attention given to the care of mines for non
resident owners and corporations. The best of
reference given. Correspondence solicited.
on Fourth street, opposite Occidental Hotel,
Tombstone, A. T.
Ll Tombstone, A. T.
Brown "You seem to be very good natured,
Smith; what has happened?"
Smith "I have been sending away for boots
and shoes for years, and I find I can buy a bet
ter article for less money of J. M. Leary, right
here at home. His stow ii on Allen street, be
tween Fifth and Sixth, north side. Give him a
call and make yourself happy as woll.n
I NSfpfv SH0E
Live & Let Live.
Corner Alien and Fourth Streets.
Hoods for tie People at Popular Prices!
H. K. Tweed desires to call the attention of the Tombstont
public to his immense and varied' stock of
Which hetis now offering at prices that place the goods withla
the reach of everyone.
All Eastern Goods purchased direct in the East, mot
second hand through California firms.
Among the thousand and one. articles which, fifl this
mammoth store will be found
Of every description. Finest California canned goods. Eu
ropean and California dried fruit Table delicacies. Choice
coffee roasted and ground on the premises. Colgate's teile
and other well known brands of soap.
Clothing and Furnishing Goods
Of which a large assortment of both Eastern and California
goods will be found at very moderate prices.
The latest styles of everything in these lines cheaper thaa
you can purchase in San Francisco.
Wines, Liquors and Cigars
Of choice imported and California brands by the cask, bet
tie or gallon. Finest American and imported liquors. High
grade cigars, tobaccos and cigarettes.
Also a full ass"-tment of staple articles of
And everything usually kept in a first-class General Mer
chandise Establishment
-, .....
Most Complete M of Goods in Arizona.
No old goods. Everything fresh and new. Before yol .
make your purchases take a walk through
Cor. of Allen and Fourth Sts.
1 Mm
At Low Priras

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