Delta chief., 1883-12-12

acres railroad sections under various acts OF
Congress The total cash receipts in connec-
tion with the disposal of public lands amount
ed TO 81, 7l3 SS3.7O, of which amount SG25, ,401.-
"a was on account of the sale Of Indian lands.
| The increase in receipts for the year 1888 over
that OF the year 1882 was S3,3l9, .66, and
| over that of 1881, 50, ,305, ,079 "a presumption
and private entries, 4, ,465, ,665 40 acres; timber
culture entries 3,110,930.23 acres; homestead
| entries 56,565, embracing S,17l,9l4. acres.
Not included in the lands disposed Of and in
| addition thereto, were Al, 1888 pre-emption i'll
ings, 1899 soldiers declaratory statements,
and O,232 miscellaneous filings, these three
items embracing in the aggregate 5000, 900
acres.
The increase in the number of claims record
ed in 1888 was IS, over that of the year 1852,
and 49, 700 over that Of the yesr 1881; the num-
Der OF entries approved for patenting under va
rlous laws, 53Si7; an increase of u, 239 over
that Of the year 1882. Four thousand two hun
dred and seventy-four contested cases were ex-
amined and acted upon during the fiscal year
The number OF pre- emption cases undecided
June 20, 1888, was 12,542, an increase Of the
number in arrears of 9 $40, and 1,912 new ca
ses were received for action. A considerable
amount Of timber land was sold at public sale; I;
but no land valuable for agricultural purposes
has been offered at public sale. The vast am
cunt of work done by the Land Office during
the fiscal year can be seen from the foregoing
summary.
The Commissioner again renews his recon-
mendation that the presumption law be repeal
ell. nc says.
In my last annual report renewed the rec
ommendation frequently made by my predeces-
sors that the presumption law be repealed
Continued experience demonstrates the sd
visibility and necessity Of such repeal.
Before the homestead system was adopted
the only method by which unoffered public
lands could be obtained by settlers WIS by pre-
emption. All the advantages Of the preemption
system are now embraced in these homestead
laws. The same lands can be entered upon the
same conditions aud proofs and the payment OF
the same price under the homestead law rs un-
der the presumption law.
We have simply double system for the same
purpose, employing two sets of machinery, two
agencies of adjustment, and duplication OF
records when only one is required. The ad
ministration Of the law would be simplificd and
the labor and expenses lessened by discontn-
uance of the now unnecessary system Of pre-
emption.
He also recommends the repeal of the timber
culture law and says
Settlement on the land Is not required; even
residence within the State or Territory In which
the land Is situated is not n condition to an en-
try. A mere entry of record holds the land
for one year without the performance OF any
act Of cultivation. The meager act OF breaking
five acres, which can be done at the close OF the
year, as well as at the beginning, holds the
land for the second year. Comparatively triyi
al acts hold II for third year. During these
periods relinquishments OF the entries are sold
to homestead or other settlers at such price as
the land may command
Ny information leads me to the conclusion
that majority of entries under the timber cul-
ture act are made for speculative purposes, and
not for the cultivation Of timber. Compliance
with law in these cases Is a mere pretcnse and
does not result in the production OF timber.
On the contrary, as the entry In section cr-
hausts the timbcr-culture right In that section,
II follows that every fraudulent entry prevents
a bona fie one on any portion OF the section
within which the fraudulent entry is made
My information is that no trees ars to be seen
over vast regions OF country where timber cu
ture entries have been most numerous
s He recommends its repeal, and fully concur
with him in such recommendation.
FENCING PUBLIC LANDS.
There has been much complaint concerning
the Illegal appropriation OF public land by par
ties who for stock purposes inclose vast com
mons to which they do not pretend to have any
right except such as is given to them by fenc-
ing the same.
Concerning these the Commissioner Of the
General Land Office says
The practice of incosing public lands by pri-
yatc persons and companies for exclusive use
as stock ranges is extensively continued IN
States and Territories west OF the Mississippi
river These ranges sometimes cover several
hundred thousand acres. Special agents report
that they have ridden many miles through sin
Gle Enclosures, and that the same often contain
much fine farming land.
Summer and winter ranges in different sec
tions Of country are frequently controlled in
the same manner by the same persons, who
cause their cattle to be driven from one TO III"
other according to the season, keeping the
whole Of the land under fence and preventing
the stock OF smaller ranchmen from feeding
upon any portion OF II.
Foreign as well as American capital Is under
stooG 70 he largely invested In stock-raising en-.
terprises involving unlawful appropriation OF
the public lands. Legal settlements by citl-
zess OF the country are arbitrarily prohibited,
public travel is interrupted, and complaints
have been made Of the detention OF the nnils
through the existence Of these enclosures. Re
ports have been received OF the use OF violence
TO intimidatc settlers to expel them from the
incosed lands. :,
In April last the Commissioner, by nv di-
rection and consent gave notice as follows:
The fencing Of large bodies OF public land
beyond that allowed by law. is Illegal, against
the right Of others who desire to settle or craze
their cattle on inclosed tracts.
Grazers will not be allowed o.. ny retcxt
whatever, to fence the public lands ana thus
practically withdraw them from the operation
OF the settlement laws.
This department will interpose no objection
to the destruction OF the fences by persons VINO
desire to make bona fde settlement on the In
closed tracts, but are prevented by the fences
or by threats or violence from doing 80.
THE government will take proper proceed
inps against persons unlawfully inclosing
tracts Of public land whenever. after this no
tIce, It shall appear that by such enclosures
they prevent settlements on such lands Dy oth-
ers who are entitled to make settlement under
the public land laws Of the United States.
In December, 1882, the department reported
the case Of Alexander II. Swan ct al, charged
with unlawful fencing OF the public land ~
| wyoming Territory, to the Department o. Jus
| A. ,r,,. Iruttad Statcs Attorney for WyOm-