The New York herald., 1879-09-25
THE PUBLIC LAND COMMISSION.

LAWS WHICH WORK INJUsTICE-A FULL RE-
VISION NECEssARY--THE COMMISSIONS La
BoRs IN COLORADO
LEApvnIE. Sept. 10. 1872
little nutter Of expectation not to say anxiety,
through the city OF Denver the appearance of
the advance guard OF the Public Land Commission
few days ago. Nobody seemed to know what the
powers the intention OF the commission might
be, and the Denver News too nervous to await
developments and fired of little blast at random.
AS the purposes and plans of the commission be-
come better known the cordial cooperation Of the
people OF Colorado is becoming assured.
THE COMMISSION SEEK.
The work which the commission have undertaken
is felt throughout the West to be Of the first inn
portance. The character OF the men who are serv-
ing the commission and the carnestness with
which they are carrying on the work intrusted to
them by Congress give assurance that the people
here will not be deceived in their expectations II
is probable that people in the East not fully
Of the true extent and purport of this invest
CATION SIMPLE statement of fact appears extravs-
CANT The pecuniary interests alone which must be
considered are to be reckoned by billions of dol
lars rather than millions and the welfare of peo-
pie and not of individuals merely is in question.
1t ascertained on inquiry that although the
actual field work of the commission has been going
for some time actively in progress. In Washington
adequate detail of law clerks collating all the
land laws, acts. amendments aud relevant judicial
decisions. which exist ut present in widely
tered and disconnected form. with view of pre-
pairing comprehensive and systematic code. This
work, when completed. with a full index. refer
ences and foot notes. cannot fail to be of decided
practical service.
Preparations have also been made for . thorough
and critical examination of the practical working Of
the present land laws in the States and Territories
west of the Mississippi including practically all the
national domain which remains to be surveyed aud
apportioned The Commissioners propose to study
the methods OF transacting bus, ness which obtain
in the offices Of the Surveyor General. Receiver and
Register in each State and Territory which
they visit They will consult these officers
US to the merits and defects Of the present
system, and obtain from them such pertinent
suggestions aud amendments as their practical ex-
perience may enable them to furnish. They will
inspect as fur as possible the practical working OF
the laws in townships and country sections. in
agricultural mineral and pastoral districts and will
inform themselves directly of the character and
necessities OF the country extending from the
Mississippi to tho Pacific. They will not rely.
however their necessarily limited
observation. but will advise in person or by
letter with those persons who are in q
position to give most fully and authori-
tatively the information they desire. They will
meet all classes of settlers, farmers miners and
ranchmen, well as those lawyers whose land Law
practice is most extensive and varied. They will
and suggestions. and will present them impartialy
in their report to Congress. 1t is their particular
spirit Of inquirers They wish to ascertain the
tua operation of the laws and the condition OF tho
country. and they will report what they find. with
out reference to individual opinions or preconceived
theories.
THEIR REPORT.
II they successful in carrying out their intent
they will lay before Congress clear summary OF all
existing land legislation and its practical operation
rhis ststement will be supported by full and salts
aviI and thac mel N In
which may be offered will be OF vital intcrest to the
present settlers Of the West. and less directly to
the verbatim testimony of ali important wit
ncsses before the commission the conclu-
snd s,un' value for they viii be- the condensed
expression of the popular voice and the deliberate
Judgment OF the most competent lawyers and experts
in West. 1t is understood also that the report
will be not merely critical and in far negative in
character. but will embody clearly defined. simple
and systematic presentation OF code which. in the
judgment the Commissioners. can be subs tituted
to advantage for the present hodge podge OF federal
State and district laws.
WHO CONSTITUTE THE BOARD.
The members OF tho commission here at present
writing Clarence King. \. I. Britton. Thomas
Army secretary. j. A. Williamson. president OF the
commission, reached Denver three weeks ago, but
has not yet joined the other members of the COM
mission. aud Major j. w. Powell. the remaining
ber. will join the commission at Salt Lake City.
Utah. early this month. Hon. George L. Converse.
chairman of the Public Land Committee in the
House, has been in Colorado during tho past fort
night and has been devoting his time assduousy to
the study of the practical wants or the people of
this State and the knotty problems connected with
the lust apportioument of the public lands. He has
Joined the commission In their inspection of the
survey and land Offices and their other
He proposes to accompany them to other points
III the West and inform himself thoroughly on tho
questions which Will come before his committee
next winter. III these days OF official juEketing
der various prctences IL is only tair to Mr. Converse
to add that he has undertaken this arduous work
from honest zeal for the pubic service. and that
his expenses i'll ful are paid out OF his own pocket
1t is hoped that Senator Hereford. of West Virginia.
ani Mr.. A. l.. Stevenson OF Illinois, will join the
commission during their stay ia the West and inter-
est themselves actively in the progress of the in
quiry.
II is, of course. impossible TO indicate at this
stage OF the what changes and amend
ments the commission are likely to report. Certain
defects III the existing laws are however. so patent
that 1t seems almost certain that tho commission
will endcaSor to remedy them i'll some manner.
The present classification OF public lands Is unques
tionably incomplete. Mineral. timber pasturase
and agricultural lands are not defined with suth-
cient exactness. With proper scientific clsssiica-
ton. such incident as the presumption OF tract
of coal land for homestead could not occur Thou
sands OF existing patents are probably invalid owing
to this ignorant wilful violation of the law,
and the settlers liable to lose their homes by
process of ejectment. IL the commission do away
with this defect patent will be of vauo to its pos
SCISSOR aud not merely an inducemcnt for lawsuit.
The statutes affecting mining claims enacted.
in general. to cover questions arising out OF tho
early discoveries of gold and silver in California
and Nevada. They apply to placer deposits and true
unjust the holders of claims in argentiferous
carbonate of lead mines. in which form tho
great Leadville deposits principally appear.
Again, laws which virtually recognize tho
location OF homestcads agricultural land
alone, where loo sufficient to
support family. clearly detective in their ap-
plicaton to pasturage land. such ~ the plains
tending along the eastern slope of the Rocky Noun
tains. This plain district is only ft tor the pur
poses OF tho herdsman and homes tead OF l60 acres
ON this soil would not support half dozen cows.
As the poorest rancher could hardly support his
family with less than loo head OF cattle, it
is certain that 2OOU according to the lowest
estimates, must DO reserved for his necessities. At
present. however, the hcrdsman takes .
homestead of lGO acres, prcempts possibly an
additional lot OF l6O and then let's
his cattle stray the public land which he is not
permitted by law to buy except ut prcposterous
valuation. surveys and allotincuts ON the plains
have become practically worthless. The herdsman
fxcs his homestead on creek, serencly confident
that settler will disturb him in his occupancy OF
the surrounding land which Is worthless to any
except the holder of tho watering place. Cowboys
pull up the survey stakes and use them
hltchua hrewoOd to boil their coffee