The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-12-05

renew previous recommendationsfor the
repeal of the presumption law. In my last
annual report pointed out the absence OF
| any utility of the presumption system for q
\ legitamate appropriation of the public lands
by actual settlers, as the homestead system
contains n sufficient presumption feature,
and double system is not required. Econ
| omy of administration alone suggests such
repeal, while the great abuses flowing from
! the Illegal acquisition OF land es-by fcti-
| tious presumption entries, and the exactions
made upon bona ffde 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-
| sity.
Presumption claims are filed when no inten-
| tention of perfecting entries exist, but the
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. 1t 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,
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-mineral lands. The Govern
mcnt loses the difference in price, while n 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 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 i'm the re-
peal of the laws under which they arise. The
difficulty of protecting the public lands from
fraudulent entries under the presumption
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-ffve hundred and thirty-one alleged
fraudulent entries of public lands, embrace
tigated aud reported, principally in Califor-
mia, Colorado, Dakota, Minnesota and New
Mexico, and lesser number in all other pub
Lie land States and territories; 6so entries les
held for cancellation. and hearings have been
ordered in 1S1 cases. About 5000 entries
have been suspended, awaiting investiga-
ton. No increased appropriation having
been made by Congress fer 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 q 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,
to continue in the field such number of spe-
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 Obvinte the necessity
of them by clearly investing the Executive De.
partment with power to summarily cancel
entries found fraudulent upon special exam
inatiOn. For similar reason of the made
quacy of the appropriation to the needs of
the service, 1 have been compelled to re-
move general suspension of entries in locali-
ties in which fraudulent appropriations have
been reported rs prevalent, and to permit en-
tries to go to patent without the invsstign.
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 expectancy.
If it is the legislative purpose TO adhere to
the policy of preserving the remaining pub
lie lands for actual settlers, and to prevent
fraud OF law by single individuals and corpo-
rations, American or foreign sufficient
means should be placed at the disposal of the
to ehe baye
brought to the knowlaRe of this department
and the notice of Congress.
TAXATION OF RAILROAD LANDS.
I again call attention to the necessity
for some legislation to compel the
railroad companies having earned the
land granted to them to take patent
which such lands lie may have the benefits
derived from taxing the lands within their
boundaries. By the failure of the company
1s Pay of
by railroad companies under the rulings and
decisions of the Supreme Court. as enunci-
Prescott. tis Wall. erB and Railway Company
vs. McShane c. Wall, 90, are substantially
relieved from state taxation, and contribute
nothing TO the fair support of the burden
at the same time deny to the general govern
ment the due compensation provided by law
for She 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 siding
and sale of the public lands along the routes,
and the consequent settlement of the coun-
try, the provision has operated to retard
sSe to- Obtain snc Valuable
GELS of land ms they may find speedy
profit in selling, thus imposing the
full burden o Of t ss.,,I1 upon their
lands in the same neighbOrhood, while refus-
ing to take the patent for the larger body OF
less valuable lands upon which such burden
would fall in the hands of the companies
themselves. 1t is earnestly TO be desired
that some means of adjustment of these
grants, as q whole, be provided, or some
method devised which shall, under cover of
legislative authority, not only remedy the
evil suggested, but enable the Department to
reach a fnality as to the titles to be conveyed
to these corporations at the earliest practical
BILE moment, and thus relieve an anxious and
excited public feeling, already sufficiently
aroused upon the various difficult and
complicated questions connected with
the administration of this mOmentous
and important branch of public affairs. To
this end most urgently recommend that the
prompt and serious attentiod of Congress he
invited to the foregoing suggestions. and that
the several companies be compelled to take
patents for the lands earned. and to pay for
the surveys made in accordance with the
provisions of the statutes heretofore cited
/ append a table a table of the number of
acres of land. and the number for which
patents have issued showing the number of
| acres 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
| by the acts of July !. 1852 12 stat, 1897 and
July 2. 1864, Us stat, 356t; the number of acres
on which the cost of surveying has been
F, paid to November II, 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 81. 1874.
| i IZIII|IIIIIIII /