, 1884-11-30
The END NEAR.
Teller Recommends the Repeal Of
the Land Laws.
Fraudulent Entries and the Way to
Prevent Them.
The Presumption Act and Soldiers
H0mesteads a Swindle.

TuDJcct IL an interesting one IN THESE
Western States and Territories, where
large areas of the public domain are open
to settlement and the report OF the Secre-
tary with reference to the repeal of the
existing land laws is therefore given as
fully as space will permit. Mr.. Teller quotes
copiously from the report of the Commits
sioner and thus introduces the subject:
The Commissioner again introduces the
repeal ofthe pre-emption law. He says:
II renew previous recommendations for
the repeal Of the presumption law. In
my last annual report 1 pointed out the
absence of any great utility of the pre-
emption system for a legitimate appro-
priation Of the public lands by actual set
tiers, as the homestead system contains a
sufficient pre- emption feature and a
double system is not required. Economy
of administration alone suggests such re-
peal, while the great abuses flowing from
the illegal acquisition of land titles by fc-
titious presumption entries. and the ex-
actions made upon bona ide settlers, who
are often obliged to buy off such claims in
order to get access to public lands, render
the appeal, 10 my judgment. a public ne
cessity.
Presumption claims are fled when no
intention of perfecting entries exists, but
the alleged claim is held for speculation.
or as a cover for denuding land of its tim
Der The average ~nronortion of entries
to filings is less than one-half.
in cases of entries actually made. it is
found that the most valuable timber lands
and large areas of agricultural and grazing
lands are entered in fictitious names or by
persons employed for the purpose, and
the lands thus pass into speculative hold
ings, or holdings in large quantities for
permanent control. Coal lands. the Gov
eminent price of which is $40 and 500 per
acre, are illegally obtained in the same
manner at the minimum price of nom
mineral lands. The Government loses
the difference in price. while a loss to the
general public lies in the increased price
of the coal product in consequence of the
control of coal fields. which in this wav il
acquired and held with a comparatively
small outlay of capital. The result is
equally true a., to timber lands. Experi-
ence has demonstrated that an effective
remedy for these evils can only be found
in the repeal ofthe laws under which they
arise"
The difficulty of protecting the public
lands from fraudulent entries under the
presumption law can be readily under
stood by the statement of the Commits
sioner concerning the work of the special
agents. twenty-five in number. appointed
for the protection of the public land from
fraudulent entries and illegal a%ppropria.
ton. The Commissioner SAYS:
''Thirty-ive hundred and thirty.one al
legged fraudulent entries of public lands.
embracing an area of 500, 900 acres, have
been investigated and reported. principal-
ly in California, Colorado, Dakota, Min
nesota, and New Mexico. and a lesser
number in all other public land States and
Territories $50 entries have been can
celed on final proceedings, 1872 held for
cancellation, and hearings have been or
dered in ISL cases. About five thousand
entries have been suspended, awaiting in
y~estigation.
In a special report submitted Nav Is.
1884. in reply TO a resolution of the SEN
ate. l stated as follows:
Beyond cases specifically examined, 1
have no doubt that much has been done
In the way of prevention within the
sphere of these operations. But the ter
ritory to be covered is so vast and the pro-
portion of fraudulent entries found to ex-
list is 50 large, that fit be the intention
of Congress that the remaining public
lands shall be protected from indiscrimi-
nate absorption through illegal and fraud
ulent appropriation. more adequate lepis-
lative measures will need to be adopted.
The repeal of the pre-emption and
timber-culture laws, which l have hereto
fore recommended, is one of the first es-
scntial steps in this direction. 1t is not
possible, by any administrative action. to
close the doors opened to abuses under
these laws.
This may equally be said in reference to
the tiinber-land and desert.land laws and
the communication features of the home
stead laws, and also of the provision al
lowing the fling of soldiers homestead
declarations by attorney, which latter pro-
-: -. c.l Ill Il