Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-01

the labor and expense iessened by r discoltin
uance of thu now unnecessary syssem OF pre-
| emptlon.
He also recommends the repeal of the
timber culture law, and says:
In my last aanual report Gale attention to
the abuses flowing from the operations OF this
act. Continued experience has demonstrated
that these abuses are inherent in the law, and
beyond the reach of administrative methods fol-
their correction.
Settlement on the land is not required; eve
residence within the state or territory IN which
the land Is situated is not condition to an en-
try. mere entry of record holds the land for
one year without the performance of any act
OF cultivation. The meagre act OF breaking
i've 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 trivial acts
hold 1t for a third year. During these periods
ACCOMPLISHMENTS of the entries are sold to home
stead or other settlers at such price as the land
may command
MY information leads me to tie conclusion
that majority of entries under the timber-cul-
| ture act are made for speculative purposes, ard
not for the cultivation of timber. Compliance
| with law In these cases is mere pretense and
does not result in the production of timber On
/ the contra y, as one entry in section e1hausts
the timber-culture right in that section, it fol-
lows that every fraudulent entry prevents bona
fde one on any portion of the section within
which the fraudulent entry is made. My infor-
| nation Is that no trees are to be ssen over vast
regions of country where timber culture entries
| are most numerous.
He recommends its repeal. and I fully
concur with him in such recommends
| ton.
The commissioner recommends that the
homestead law be SO amended as to re-
! Of Of bor, cix he,
| after settlement claim has been placed
on record before final proof shall be ad-
mitted, irrespective of alleged time OF
| residence prior to the time of entry. In
this also concur.
been called to the frequent frauds com
mitted by parties securing lands under ex-
| listing settlement laws without compii-
anee Herewith. In very many cases thers
is not even an attempt to comply with the
laws. While the country was new
and the parties desiring to secure land
comparatively few, it is believed that these
laws were complied with in most cases
when land was entered, but as the demand
for land has increased, it seems as if the
people are restless under the restraint i'm
| posed on them in securing land, and they
1
| very purpose of the law. The homestead
and presumption laws, designed to secure
| to the actual settler lands at a reasonable
price, have become agencies by which
| the capitalist secures large and valuable
| areas of the public land at but little
expense.
The parties thus securing land without
compliance with the terms of the law rare
| IN fap
able time. In many cases, doubtless, such
| conveyances are made for the purpose of
placing the title in the hands of those not
| connected with the frauds practicea at the
time of entry, and in other cases from a
| desire to realize the value of the land.
Much embarrassment arises from the at
| tempt on the part of the department to
avoid such fraudulent entries. No difficult
! is found where the parties making suca
fraudulent enteries still hold the title, bat
IN case there has been a transfer for Z
| valuable consideration without notice of
the fraud, great injustice is done to t,I.
purchaser by disturbing the title which lie
had no reason to suppose was fraudulent.
Where the fraud ia discovered before the
issue of the patent the department finds no
difficulty in canceling the entry, bat where
| must be had to the courts. In some cases
| fictitious names are used in the entry, and
under well known principle of law no
title passes by such entry and patent. On
the records of the United States, as we'll as
in the local Office of record there appears
to be good title in the patsntee for the
premises described in the patent. The
local records show conveyance to soma
wi
er; on the strength of such patent and
the conveyance under it, for valuable
consideration, conveyance is made to a
bona tide purchaser who subsequently finds
his title attacked by the government. If
1t Is clearly established that the grantee in
the patent had no existence, the title ID
held to be IN the government, and the pur-
chaser has no remedy except against the
vendor, who is usually impecunius, and
not infrequently has left the country. 1t
would appear to be right that after GER
tain time the presum ption should be con-
| elusive that the patent was issued in strict
| accordance with Law, and there should be
no inquiry into the proceedings anterior
| to tbs time OF issue.
FENCING PUBLIC LANDS.
The secretary says the stockmsn in the west
lehco IN large bodies OF land. This IS Illegal,
| and he recommends legislation which will en-
| able the department to summarily remove such
fences.
RAILROAD LAND GRANTS.
In my last report l called attention to the
| necessity of some legislation in reference 10
lapsed grants. The necessity for such Iegisla
| ton stlu exists, aad 1 repsat what said on the
subject:
Congress has from time to time, commencing
IN 1850, made grants to the several states or to
corporations to aid in the construction of rail
| roads. In some instances the roads have been
constructed and in others partially completed;
but IL some cases no attempt has been made to
bulld the roads and thus secure title to the
land. The lands thus granted have been with
held from the operation of the settlement laws.
The supreme court of the United States has de
| clared. IN the case of Scaulenburg VS.. Hartman,
I'll Wallace, A, that a failure to
complete the road within the time fixed
In the grant did not forfeit the grant. Lands
thus withheld from the operation of the settle
ment laws must so remain until congress shall
declare Auch lands forfeited. II it is the inten-
ton of congress to allow the railroad companies
TO complete their roads after the expiration of
the term fixed in the grant, and thus claim the
benefit Of the grant, 1t should be de Jared at
an early day. Large tracts of land are not avail
able for settlement because the settler cannot
determine whether the title is IN the government