The record-union., 1898-01-24

by logical relevancy We refer IN tnlS
TO a bill pending before the House of
representatives, introduced by Popu-
list member from this State, Mr.. Castle.
If this bill becomes a law it creates a
commission, consisting of three per-
sons, who shall examine each tract of
land owned by private individuals in
the Yosemite, Sequoia and General
Grant National Parks, and within the
forest reservations of the State Of CAL
ifornia. and after ascertaining the value
of such lands and the Improvements
thereon, and the amount of damages
the owner has suffered by being hin
dered or prohibited from the free use Of
same, this commission is to report to
the Secretary of the Interior and rec
ommend that compensation to each
settler or owner shall be paid for his
land or improvements in accordance
with such appraisement upon delivering
a proper conveyance of all his interest
to the Government. The commission
has authority to inquire into cases
where the settler filed his claim un1eT
the homestead and pre-emption Acts
upon lands within the present bounda~
ries of any of the national parks or foi-
est reservations of the State of CaIifcr-
MIA, provided that such rights have
been acquired prior to the creation of
such parks, but who failed to receive
patent through no fault of the entry
man, but because the Government OF
the United States, by virtue of it's SOW
ereignty, refused TO perform its part
of ,he contract. In such cases the
Commissioners shall take testimony
and they are empowered to administer
oaths, and if they find that the person
entered, settled upon and improved the
lands under the laws of the United
States. they shall forward a written
copy of the testimony taken, and the
Secretary. in his discretion shall award
to such persons damages for losses in
CURED by reason of the failure of the
United states to issue it's patent tc
such lands
This bill of Populist Castle is no
doubt inspired by numerous toll roads
in the Yosemite, Sequoia and General
Grant Parks; but it is a very mis-
chievous bill, and under it vast abuses
will grow up.
In all these cases it would be far bet
ter for the Government to cause an APP
praisement of the value of the private
lands found in the reservation. con-
demning those lands, and pay for them
at their actual valuation. In this way,
If private purchaser has denuded the
land of timber and left it worthless. he
will be fully compensated if he were
paid what the land is worth. Under
the present law he can take an equal
quantity of virgin timber somewhere
else in the public domain; and after
he has denuded that timber, he will be
a petitioner to the Government of the
United States to create another forest
reservation covering his land, so that
his original purchase will become a sort
of revolving right and be made appli-
cable in the full quantity of acres orig
inally purchased to a great many pieces
Of land
The fortunate purchaser of a piece of
timber land, from which the timber has
been taken, within a forest reserva-
tion, can keep on denuding the land Of
its timber for all time, only provided he
can induce the Government to extend
forest reservations over timbered re-
gions wherefrom all the merchantable
timber has been taken.
Moreover, of one thing we may be en-
tirely certain. Regions of the State Of
California in which there are no private
lands are more effectively reserved by
nature than by any Act of the Gov
ernment of the United States. If after
fifty years occupancy of this State the
pre-emptor and homestead claimant has
not invaded a region, its reservation is
permanent and fixed by natural condi-
tions. If therefore the object in view
in the Tahoe Reservation now proposed
is to reserve from further encroach
ment, the proceeding is unnecessary.
Further encroachment will not bd MADE.
The rugged, the worthless and mac
cessible character Of the region has
served to place it under a reserved con-
dition for fifty years, and can be de-
pended upon to extend that condition
Of reservation for one hundred more
Upon the whole, the exercise of pow
ers granted under the Act of March 3,
1891, ought to be confined entirely to
uninhabited regions, or at least to such
region as VIII be found to be compare
lively free from interspersed private
ownership; otherwise the Government
will be prodIgal of its public lands
simply for the purpose of making a
reservation.
In the case of the Tahoe proposition,
the Government, in attempting to re-
serve 65000o acres, incurs an obligation
to reimburse private owners in the
amount of 100000 acres in other por-
tions OF the public domain. Thus in
order to get a reservation of 650.000
acres. the Government must ALLEVIATE an
additional 100000 acres, and without
cost to the owners Of the private lands
not even the cost of the Land Office
fees, for the Act of June, 1897. pro-
vides that all such fees and other costs
OF transfer shall be borne by the Gov
ernment OF the United States An
ar11ercl rraerlt To the rnrnvissinrs Of The a ct