Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-05
Public Domain Only for the
Home Builder.
TWO BILLS INTRODUCED
THE PRESIDENT POINTS OUT THE
PERvFRsIoN OF Law.
Calls the Attention of Congress to the
ACCESSIBILITY of Providing for
Actual Settlers.

In his message TO Congress President
Roosevelt said so far as they are avail
able for agriculture. and to whatever ex-
tent they may be reclaimed under the na-
tional irrigation law, the remaining pubic
lands should be held rigidly for the home
builder the settler who lives on his land
and for no one else. In their actual use the
desert land law, the timber and stone Jaw
and the Communication clause of the home
stead law have been SO perverted from the
intention with which they were enacted as
to permit the acquisition of large areas OF
the public domain for other than actual
settlers and the consequent prevention oil
settlement
Wholesale Depredations.
This reference in the Presidents message
is but one expression Of the growing de-
mand throughout the entire country for
greater conservatism in the disposal OF the
remaining public lands The report of the
Secretary OF the Interior for the current
year is a record of stupendous land frauds,
whereby vast areas of fertile agricultural
land have been put beyond the reach OF
settlers by those desiring to acquire large
holdings or land for the grazing or i've
stock or for speculative purposes. In lgoi
the land office decided away about 49,
QOOO acres OF the public domain. In
1902 the amount SO disposed of reached
nearly 20.000.0O0 acres and 1t is freely pre-
dicted that under the present laws ana the
peculiar administration thereof over 3o,OO0,-
600 Will go during the year 1908.
All of the laws referred to are apparently
theoretically correct and their Intention was
apparently good. 1t seems impossible, now
ever, TO administer these laws in such
way as to prevent fraud. 1t has become the
custom to receive these entries without
question and to accept affidavits without
investigation.
The demand for some check in these
wholesale depredations has been rapidly
growing in volume during the past two
years, and has now eliminated in a recon-
mendation from the President that the mat
ter be looked into one of urgent i'm
portance.
Two Bills introduced.
Acting Immediately upon this suggestion,
Senator Quarles OF Wisconsin and Repre-
sentative s. L. Powers OF Massachusetts
have introduced a bill entitled "a bill to
repeal the law providing for the sale of
timber and stone lands, the desert land law
and the Communication clause OF the home
stead law This bill was referred to the
public lands committees in Senate and
House and consideration will be urged. 1t
Is believed that the committee in the Senate
will undoubtedly make a favorable report
upon this measure. Some difficulty Is an
ticpated in the House committee owing to
a possible lack of understanding on the
part of some of the members of the i'm
U
sympathy of others with the extensive
range interests Of the sparsely settled states
which they represent These measures will
not be allowed to rest, however until the
battle is won or lost for the homeseekers.
Provisions of the Bill.
The first section of the bill proposes to
repeal the timber and stone law. Under
this law over half million acres Of timber
was disposed Of by the government last
year for 81 80 acre, and IN majority of
cases one tree on each acre OF this land
would yield sufficient lumber to pay the
cost of the entire acre of trees The law
provides that a citizen of the United States
shall only be allowed to make one claim
and that one for his own personal benefit
This law has been evaded. and big lumber
companies have hired people to exercise
their citizenship rights and they transfer
these timber lands to the company employ
ing them. This Is a violation OF the law,
but IL has so far seemed impossible to pre-
vent extensive violations. The Secretary
of the Interior devotes a large portion Of
his annual report to a recital OF the wrongs
committed under this law, and urges its
sertion that II this law Is not speedily re-
pealed there win soon be little or no valua-
BILE timber left as the property f the gov
eminent.
The second section Of the bill proposes to
repeal the desert land law, law which is
correct In theory. but. as the President says,
in its practical workings is now detriment
TO the settlement of the western states
Vast areas of desert land have been taken
UP. and In Montana. Wyoming, Arizona
and many other places without any corre-
spending increase in population. showing
that the concerns already in business are
simply extending their holdings and that
these lands are not being purchased by
bone fide incoming settlers.
A Western Senator's Statement.
The statement is made by one western
senator that he believes that II all of the
thousands OF desert land entries made In
his state were investigated not one In ten
Of them would prove 70 have been honest
and that the title was secured to the land
by more or less perjury. These desert
land filings are made in places where no
water can be secured for irrigation. and
the law requires that the water s,nnlv
should be in evidence before the land can
be legally held. The purpose of these fl
ings ia TO control the acreage as long as
possible without contest and when contest
is filed appeals can be taken and the mat
ter be kept in the courts for a number of
years. If by any chance the decision is
against the user of the land new filing
can Immediately be made and the same
process repeated, thus for a sum of p
cents an acre, which is the original paw
nent required almost unlimited possession
can be secured.
Section three of the bill repeals the COM
ruutdtiOH CiduSe OF tne homestead entry
The original homestead law required 1--WE
Years residence upon the land before title
Gould be secured. The Communication ciause
allows any settler after living fourteen
months on his land to convert the entry
into cash entry, and by paying 81 . an
acre secure title without further residence. j
Congress long ago repealed the pre-emp-
ton law, which Is In fact about the same
law as the homestead law with the COM
mutation clause. The arguments In favor
Of the repeal OF the presumption law apply
equally to the communication clause of the
homestead act These arguments We're so
patent that even when the United States
had twice as much public land as IL has
to-day the presumption law was declared
unwise and repealed without serious effort
Domain Left for Settlers.
There are now about 525.0o0.OO0 acres of
land left In the public domain. 1t is
roughly estimated that less than 100 1000 900
acres of this land can be made arabic and
habitable in various ways, and that the
balance of II is either mountainous or wood
cd to such a degree as to be suitable only
Tor pasture or. perhaps, not even for that
The national irrigation law, which passed
Congress last winter, contemplates the
reclamation OF the 100. 000. 600 acres of ara
bic land, which was available when that
law was enacted. At the present rate of
4bSorption Of this arabic land ii will be
e. u