Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-04-29
REPORT OF SPECIAL COMMITTEE
ON REVISION oFMTAE LAND i
l.. LAWS oFsTHE COUNTRY s{
REPEAL OF TIMBER AND STONE
ACT RECOMMENDED BUT NO
CHANGE IN COMPUTATION
CLAUSE OF HOMESTEAD
LAW, H. :. S.. .-,.' q.

AS SoAAAAAIsS0 A0SOnAAASA4uso2 Suo TSpSAI
of the timber and stone act. OF the
communication clause of the home
stead law the report says:
Much evidence has been submitted
tending to show that in the prairie
states, where it has been most used,
the communication clause of the home
stead act has been Of advantage to
the settler without causing serious
loss to the government. On the con-
trary, the government has been Pc
cuniarily benefited by It, because un-
der this act the land is paid for in
cash after fourteen months residence,
while without Communication the entry
man would receive q patent after Ave
years residence without paying for
the land. It is no doubt true that the
great majority of communications are
made in order to get title to the
land upon which money could be bor-
rowed for its improvement
There have been abuses of this
law as OF other land laws, but prin-
cipally in connection with entries
made upon timber lands. It has fur
nished a convenient means by which
an individual could obtain title to 100
acres Of valuable timber land which
could be readily sold for more than it
had cost. In this way large holdings
have been acquired. ,f.,4 !. l.:.,
'"The timbered acres of the public
lands of to-day are generally in noun
famous regions, and are not suscepti-
BILE Of high state Of cultivation after
being cleared Of timber. Entries of
such land are seldom made for farm
ing purposes, but If it is desired to do
so the settler is permitted, under the
law and regulations, to sell any sur
plus timber upon his claim, the pro-
ceeds of which can be used in its i'm
provement. This is source of reve-
nue. availble Immediately after entry
and one which it not enjoyed by the
settler upon prairie land.
"Our Investigations respecting the
operations Of the communication clause
are still in progress, and we are not
prepared at this time to recommend
its repeal. We are, however, satisfied
that no serious hardship will be i'm
posed upon the actual settler by pro-
hibiting the patenting under its pro
| visions of lands chiefly valuable for
timber" : ss.s.s5 s..s.s .s 5s..2
! The committee recommends the
amendment of the desert land law, and
sets forth reasons as follows: ~.
"The commission is of the opinion
that the desert-land law should. fol
the present at least, be allowed to
stand, with q few changes in detail
With the experience of the past fol
guidance it is possible to enforce this
law so that it's essential provisions
shall be complied with. When this is
done it is evident that the entrymaI
will have earned a patent at an ex
pense too great for speculative pur
poses. -. ~ Ii
\ '"The number of entries is not sc
large as to preclude actual inspection
of each by an agent OF the government,
before final proof is accepted, and The
required expenditures for reclamation
are Of such a character as to be easily
ascertained., Especial attention should
be directed to the proof that an .ade
quate and permanent water supply has
been provided. .l5s .r.>. +. ~ = =.
{. There Is one defect In this aci
which should be remedied at once
The act of March 8, 1891 (26 Stat.
1095,) permits the assignment Of en-
tries, and to invalidate an entry the
1 illegal intent must assume some tangi
BILE form prior to entry. The mere
fact that a contract to sell is made
after the entry, or any other arrange
ment whereby the lands are held fol
Esome other person, does not warrant
cancellation. This feature OF the Law
is the chief objection that might bt
urged against It. ri UNA IL l3Ess 4
4 1The right to assign an entry ii
not In harmony with the fundamenta;
principle underlying the public-land
laws that entries should be made fol
the exclusive benefit Of the entrymar
and not for. the benefit of any other
person. and It's existence practically
abrogates the restriction OF the ac,
4 limiting one person to one entry III d
i compact form, the only actual limita
ton being to $40 acres, which might
4 embrace q number Of noncontiguous
4 tracts taken BY assignment.
The interest Of the government and
LOT the actual settler viii be protected
i and promoted ~ i repeal Of % much