Who is to use the forest reserves?
The actual home-maker
Why is the homesteader entitled to use?
Because the privilege, 'the right to'enter public lands'
was granted through Congress and the Courts
Before reserves were created
"He who lives in the preserve or on its boundaries..
In fact the entire arrangement is to protect legitimate cattle owners
from the encroachments of outsiders"
What entitles use?
Acts of Congress
Written 1872, "While lands are vacant Government property all men have and will have a right to graze their stock theron, ...mineral (National Forests) or agricultural (lands) cease to be vacant, under the Act of Congress of 1853 and 1866...The pre-emptor's or settler's rights date from settlement, and are absolute until he forfeits them by a non-compliance with these laws."
The Acts of 1853 Survey Act, and 1866 refer to 'occupancy'.
1866 Ditch Act
Senator Stewart from Nevada could not get a Ditch Act passed through the Congressional Agriculture Committee. Still today, many do not understand how the West works; split estates, 'first to put to use' of waters, occupancy.
Stewart was able to get the Ditch Act passed through Mining.
As a side note, Stewart played a big role in the Civil Rights Act and the 14 Amendment
Section 11 of 1866 Ditch Act describes a split estate use
The lands could be used for 'agriculture' and/or for mining, 'being no adverse interest'. Either way there was a "guarantee that (the settlers) possess the right of occupancy under the statute".
Court cases determined one was entitled to range
Customs and rules of the courts before creation of timber reserves, 1891
1880' , Griffith was cheated out of moneys. He was originally paid $15,000 for an estate by a neighbor. Griffith said he was 'entitled' to payment for 'Government land'. Judge agreed. Griffith was to be paid $22,000. $7,000 more for his use of range.
another Act
Ladies you have rights of occupation.
Base Property and use of range
"Under the (Homestead) Act of June 11, 1906... Settlement is encouraged in National Forests. Ranchers realize the benefits of residence and.. petitions have been received in National Forests ..for further extension of their area"
value to homestead was right to use adjacent public land
"The only value to a homestead in the semi-arid region is he right to use the adjacent public lands for grazing." The right to use
160 acres with a house controls 1,000 acres grazing land
'Entitled through priority of occupation
of the range'