The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1884-12-04

renew previous recommendations for the
repeal of the presumption law In my last
annual report pointed out the absence of
any utility of the presumption system for a
leeitamate appropriation of the public lands
by actual settlers, as the homestead system
contains a sufficient presumption feature,
and a double system is not required. Econ
omy of administration alone suggests such
repeal, while the great abuses flowing from
the illegal acquisition OF land titles by fcti-
tious presumption entries. and the exactions
| made upon bona fide settlers, who are often
| Obliged to buy of such claims in order TO
get access to public lands, render the appeal,
in my Judgment, matter of public neceS-
| PRESUMPTION claims are filed when no inten-
! tention of perfecting entries exist but the
! alleged claim is held for speculation or as a
| cover for denuding land of its timber. The
| average proportion of entries to filings is less
| than one-hah. In case of entries actually
made il is found that the most valuable tim
/ Der 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 holdings,
| or holdings in large quantities for permanent
! control. Coal lands, the Government price
! of which is $40 and $50 per acre, are illegally
| obtained in the same manner at the minimum
price of non-miueral lands. The Govern
/ ment loses the difference in price while loss
| to the general public lies in the increased
price of the coal product in consequence of
! the control of the coal fields, which in this
way is acquired and held with a compare
lively small outlay of capital. The result is
equally true as to timber lands. Experience
has demonstrated that an effective remedy
for these evils can only be found in the re-
peal of the laws under which they arise. The
difficulty of protecting the public lands from
fraudulent entries under the pre- emption
law can be readily understood by the state
ment of the Commissioner, concerning the
work of the special agents, twenty-five in
number, appointed for the protection of the
public land from fraudulent entries and il
legal appropriation. The Commissioner says:
Thirty-fve hundred and thirty-one alleged
fraudulent entries of public lands, embrac-
ing an area of $4,000 acres, have been inves-
tigated and reported, principally in Califor-
mia, Colorado, Dakota, Minnesota and New
Mexico, and lesser number in all other pub
lie land States and Territories; $50 entries
held for cancellation. and hearings have been
ordered in Isl cases. About 5000 entries |
have been suspended, awaiting inVeStga-
ton. No increased appropriation having
been made by Congress for the current fiscal |
year, was confronted at the outset with the |
necessity of either Withdrawing special |
agents from Investigations in the field or of |
abandoning or suspending further action |
upon Investigations that had already been |
had, and as a result of which hearings had |
been ordered in several hundred cases. 1t |
was found impossible to carry on both, as |
the expense of each singly would exhaust |
the appropriation. Hearings could not be |
be had without the presence of special |
agents, who are material Witnesses and the |
payment of their expenses would leave no |
means to defray other costs. 1t was there
fore determined, as the only available course,
cial agents as the appropriation permits, and |
to suspend all hearings ordered on their re-
ports. The result is that final action can not |
be taken for the cancellation of entries eX- |
amined and reported fraudulent unless Con-
gress shall make provision for the expenses |
of formal hearings, or obViate the necessity |
of them by clearly investing the Executive De-
partment with power to summarily cancel |
entries found fraudulent upon special exam
ination. For a similar reason of, the made |
Quacy of the appropriation to the needs of /
the SERVICE. Il hQVa been cOmnpll60 10 L
move general suspension of entries in locali- |
ties in which fraudulent appropriations have
tries TO 20 TO patent without the investiga-
ton necessary to determine the bona fide or
fraudulent character of any of them. 1t is
obvious that some decisive action by Con-
gress is called for by every consideration of |
public policy and administrative expediency.
II it is the legislative purpose u adhere to
lie lands for actual settlers, and to prevent
the acquisition of great bodies of land in
fraud Of law by single individuals and corpo-
ratiens, American or foreign, sufficient
means should be placed at the disposal of the
Land Department to prevent the vast and
widespread yiolationof law which have been
brought to the knowlage of this department |
and the notice of Congress.
TAXATION OF RAILROAD LANDS.
L again call attention to the necessity
for some legislation to compel the
railroad. companies having earned the
land granted to them to take n patent
so that the states or territoriesin
which such lands lie may have the benefits
derived from taxing the lands within their
boundaries. BY the failure of the company
to pay such costs and apply for patents, a
large amount of lands granted to end held
decisions of the Supreme Court. as enunci-
ated in Kansas Pacific Railway Company VS..
Prescott, 16 Wall. 6GG and Railway Company
VS.. McShane C22 Wall, 40, are substantially
relieved from state taxation, and contribute
nothing to the fair support of the burden
and revenge of the local gOv6rnments, and
at the same time deny to the general govern
meht the due compensation provided by law
for the surveys already extended over por-
ton of the lands, and the benefit of the en-
larged appropriations intended to secure
further surveys along the line of the roads.
Experience has shown that, instead of aiding
the Government and facilitating the survey
and the consequent settlement of the conn
try, the provision has operated to retard
such laudable results, and also has served
the companies to obtain such valuable par
eels of land as they may find speedy
profit in selling, thus imposing the .
full burden or taxation upon their
grantees and other settlers who purchase
ands in the same neighborhood, while refus-
ng to take the patent for the larger body of
ess valuable lands upon which such burden
would fall in the hands of the companies ,
themselves. 1t is earnestly, to be desired
hat some means of adjustment of these :
grants. as whole, be provided, or some !
method devised which shallsnnder covefsof !
legislative authority, not only remedy the
evil suggested, but enable the Department to ,
'each a tinality to the titles to be conveyed
20 these corporations at the earliest practical (
bic moment. and thus relieve an anxious and :
excited public feeling. already sufficiently
aroused upon the various difficult and
questions connected with
The administration of this rnomentous
and important branch of public affairs. To .
his email most urgently recommend that the ]
prompt and serious attentiod of Congress he
invited to the foregoing suggestions, and that {
he several companies be compelled to take {
patents for the lands earned, and to pay for {
he surveys made in accordance with the
provisions of the statutes heretofore cited.
append a table table of the number of
acres of land, and the number for which
patents have issued showing the number of
lcres for which no patents have issued. also
The amount due the Government on such
surveys.
Statement of the estimated number of
acres of land granted to railroad companies
Dy the acts of July /. 1862 Q2 stat, 4S9D and
July 9, 1884. 03 stat, 356(; the number of acres
On which the cost of surveying has been
paid to November IL, 1884; the estimated cost
Of the survey of the remainder of the grants,
and the number of acres patented to the
companies name up to June g. 1884.
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