The Northern Pacific farmer., 1882-10-19

Judge Mcfarland, commissioner Of the
general land office, has completed his annual
report. In addition to some statistical in
formation, the following subjects aretreated
by the commissioner.
One hundred and seventy-six tn ousand four hun
dred and six and sxty-six one-huudrt dts acres o.
land were certified fo1 railroad purposes during the
last fiscal year. The list of selections awaiting
animation OF action on June 80. 1882. embraced
reported as constructed under the land grant sys
tern during tho year, making total Of 1929
miles of land grant railroad constructed in all the
opnon shoud be
enacted clearly defining the rights of citizens to
take timber from the public lands for prescribed
eatu lsmo7 ol
waste. In all cases where q survey and
settlement is necessary to accurately ascertain the
extent of an alleged trespass. Iwould respectfully
authorized to be charged to the party committing
the trespGss part of the costs iu the case In-
vesigarons made during the past year have devel.
Of the pre-emption, homestead and timber culture
laws. Efforts have been made to check unlawful
acts of this character in the coal and iron
sofa, the grazing country in California, and on
agricultural lands in the Territory of Dakota the
special investigation Of cases of alleged fraud, trials
before the coal land officers to cancel illegal entries
and the institution of civil and criminal suits
These proceedings have, however, necessarily been
confined to ono or two localities in each OF the said
States and Territories, owing to the limited facili
ties Of this Office for such service I have recon-
mended herein the repeal of the pre-emption law,
the same having been practically superseded by the
homestead law, and especially by the Communication
feature Of the latter act It is uatter Of serious
question whether the time Within which homestead
parties are allowed to commute their entries by
payment OF cash should not be extended to re.
quire proof of actual residence, Improvement and
cultivation for at least one year before such pay
ment should bs received. This extension of time
would be be no longer than reasonably necessary
to establish the good faith of the parties aud would
be no hardship to bona tide settlcrs while the op
poriunities for fraudulent entry would diminish in
proportion 10 the length Of residence, improve
m-nt and Gu utivation are required to be shown
The period has but just commenced when the ear
lier entries made under the timber culture act can
be proven up The
FRAUDULENT PROCEEDINGS
at tho present time under the operations of this act
not therefore, that legal title has actually been
obtained by unlawful methods, but hat fictitious en-.
tries are initiated for the purpose of holding the land
out of market aud selling to others relinqush,n mt
of tho right of occupation acquired. 1t alleged
BY numerous correspondents and in the reports Of
officers and agents OF this depal tment that opera
tions of this character are carried on to Il
very great extent, notably at the pres
ept tins in Dakota and Minnesota, and that
as a rule in proportion as public surveys progress
over territory subject TO such entry the lauds arc
covered with fictitious claims. and actual settlers
compelled to pay to spectators persons hold
Ing the claims bonus 1Or the prVlfeeO OF entering
thxSand in Il legal and proper manner under the
public land law. The utility Of the timber
culture law as an inducement to til" cu.ti-
yation Of trees that would not otherwise
been planted has sometime been questioned, since
settlers under the homestead laws in treeless re-
gons find it one Of the necessities of the situation
to set out and cultivate trees and their interest to
do this is usual guaranty that it will be done. At
the same time I am not inclined to recon-
mend tho repeal OF law OF so benef-
cent intention as the timber culture
act; but I deem it incumbent upon
rue to refer to the abuses to which it is subject.
Unlawful occupation Of the public lands Tue il
legal enclosure Of the public lands in certain States
and Territories and the exclusive occupation of
large tracts by private parties to the deprivation
of the rights OF others and tho impeachment
Of settlement and intercourse, have become q mat
ter of serious complaint 1t is manifest that some
decisive action is necessary on the part Of
the federal government for the maintenance Of the
supremacy Of tie laws aud preserve the integrity
of the public domain. 1t is undoubtedly true that
he vast plain and mountain ridge west Of the Mis-
sissippi must be relied upon for important pro-
portion Of tho sheep and cattle husbandry required
by the necessity Of national consumption, but it
does not follow that this industry should
bo the subject of undivided or corporate monopoly
any more than that Of other agricultural pursuits
should be controlled. The unimpeded course Of
settlement will, in due time. bring the whole of tho
United States within the compass Of private owner
ship. respectfully call the attention of congress
to tho necessity Vf legislation on this subject.