The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-02-01
CONGRESS MADE
GREAT MISTAKE
Law Passed TO Enable Selec-
ton of Timber Lands.
CORRECTIVE ACT is NEEDED
PARTED WITH VALUABLE FOR
WORTHLESS TRACTS.


landg in lieu Of lands ia forest re-
serves states;
on June 4, 1887, the following legis-
lation ia regard TO lands within for
est reserves was enacted: That in
cases in which q tract covered by an
unprotected bona fde claim or by a
patent is included within the limits OF
public forest reservation, the settler
or owner thereof may. If he desires TO
do so. reiinquish the tract TO the gsv-
eminent, and may select in lieu thereof
tract Of vacant land open to settle
1nent not exceeding ia area the tract
covered by his claim OF patent; and
no charge shall be made in such cases
Tor making the entry Of record or is
suing the patent to cover the tract
selected.
The above legislation was enacted in
order 10 enable owners or bona dde
claimants Of lands within forest re-
serves 70 relinquish their lands or
claims and obtain therefor an equal
acreage Of pubic lands. It was argued
that on the one hand the public inter-
est would be served by eliminating
private land from the forest reserves,
2
ownership or control as far as praeti-
cable, and that on the other hand the
legislation was desirable from the
standpoint of settlers in the forest re-
serve, inasmueh as &C would enable
thein TO relinquish lands the value and
desirabiiity Of which had been affected
by the establishment of the reserve,
and obtain other lands Of equal area
elsewhere.
There ware eo7,,s -feaf.,rss oe thu eli
uatiOn with regard to the forest re-
serves and as to the eject Of the iegis-
latiOn in question which were undOubt-
eddy neither clearly understood nor
fully appreciated at the time Of the
passage Of the act; and while the OBJ
Jects sought were unquestionably laud-
able. and in the Interest Of the public
service, and such would have been the
results II exchanges had been limited TO
lands Of practically equal value or con-
fined to lands which were occupied by
settlers, in its operation the legisla-
IiOI has enabled certain land grant
railroads and other large land owners
TO exchange lands which were original
" and practically valueIess or had been
rendered so by being denuded of their
timber, for the most valuable timber
lands owned BY the government.
Opened Way to Fraud.
From tables prepared by the COM
missioner of the general land Office it
appears that there has been reIin-
quished as bases for lieu selections l.
S6910 acres, and thai OF this amount
considerably more than half, or 102S-
240 acres, have been Of railway land
grant lands within the primary limits
Of such grants. And it is undoubtedly
true that very considerable portion
OF the reliuquished lands amounting 10
nearly half million Of acres carried
ln the ia bles as 'miscelIaneousp have
been railway indemnity lands. Three
hundred and fOrty-three thousand nine
hundred and seven acres Of the lands
reiinquished We're California and Ore
gon school lands. and a prominent citi-
zen Of California IS now under indict-
Inent for alleged frauds in connection
with securing these lands for bases Of
lieu selections and other frauds and
irregularities in connection with lieu
lands.
Tt Is very clear that compare lively
Jew actual settlers have taken advan-
tase OF the provisions Of the lieu land
law; that the principal benefciarfes
have been the owners Of railroad and
state school lands. 1t also anpearS
from the tables that there are at this
tine over three-duarters of q million
acres Of land within the primary lin
its Of railroads which are available as
bases for the selection Of an equal area
Of valuable timber land; that there are
over $4,000 acres OF such lands under /
contract for survey which viii be avail
able Tor the same purpose when sur
Veyed in the near future, and that
there are over 10000 acres Of such /
lands which viii undoubtedly be sur
Veyed in the ueac future making in ali
2.4S1. 2s0 acres OF land within the pri-
ar
which are or which VIII be in the near
future, available as bases for lieu Sc /
lectious. and for which an equal acre
age Of the most valuable timber lands
of the nation may be-, and undoubtedly
viii be, exchanged if the bill In ques- |
ton does not become law.
Grants in Forest Reserves.
In addition to this vast acreage Of /
lands within the primary limits of rail- /
way land grants which can be ex-
changed for valuable timber lands. 4
there age. undoubtedly large ereas in ]
the forest reserves Of indemnity rail-
read lands, as we'll as other holdings, /
which can be exchanged for other for /
Cst lands.
The inclusion within forest reserves i
OF So large an area Of railroad lands 4
Gin the nefghborh0od OF S,590, 600 acres I
within primary limits and thousands /
OF acres more Of indemnity lauds) /
which could be used as bases for lieu
selections, if such lands were an OF 4
them If a character imperatively dc-
intending their reservation for the con-
servation of water supply and the pre-
seTEaH0u Of timber for future use. as
contemplated by the spirit Of the act 4
authorizing the creation OF forest re-
serves, might perhaps be jus tilted and
defended ON the ground Of wise public 4
policy, even though such action re-
salted in the absorption OF large tracts
Of the public domain in lieu selections. /
Hut IL IS unfortunately q fact that
large areas Of railroad lands and other
lands in private ownership have been !
included ia forest reserves. which are 4
Eeither generally timbered or Of any
considerable value for water conserve /
ti0n. OF for any other purpose contem-
plated by the forest reserve law. the /
given the owners Of the lands an op- /
poTtunity to possess themselves of /
some Of the best timber lands Of the
nation
The committee agrees with the sec
rotary Of the interior and the commits /
sioner Of the general land office that i
the passage Of the bill S. IN the interest
az public policy and that 81 Is urgently
demanded ia view OF the present sir 1
cation in order to prevent the absorp-
tion Of millions Of acres Of public tim 1
her by lieu land locations. AZ pointed /
cut in che commissioner report. those
seeking to make changes have no 4
chance 70 complain Of the provisions Of
the bin. as the exchange is not compui-
sorry. and il it is desired TO use lands /