The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-04-15
FINDS REMEDY FOR
LAND LAW ABUSES
Commissioners Appointed by
President Recommend Mid
die Course to Congress.
Frauds Perpetrated Mostly in Re
lation to Timber Land by
Capitalists.
Desert Land Act and Homestead
Communications Benefit Actual
Settlers.


which have grown up under the ex-
listing land laws. Two reasons are |
urged by those opposing legislation:
First, the very general desire TOT an !
early adjournment; and second. prac-
teal politics. It is alleged that any
land law legislation, seeking to stop
abuses, would endanger republican
success in several Of the far western
states notably Oregon, washington,
Idaho, Montana, Wyoming and Colo
RADIO. not to speak Of reduced plurali-
ties in the Dakotas and Minnesota.
Early in the present session 1t was
thought that it would be possible to
repeal the timber and stone act, the
desert land act and the Communication
clause of the homestead act, but after
a careful study Of the situation, it
was decided not to press for all of
these measures at one time, but to
combine effort for the repeal or the
timber and stone act. A bill provid-
ing for such repeal has passed the
senate, and it is now before the house
committee on public lands, and It's
fate there is rather uncertain, altno
friends Of the bill believe, as already
stated, that it's chances are about even.
Opinions Changed.
Since the opening Of the session
there has been a radical cnange OF
opinion as to the advisability of re-
pealng the desert %land act and the
Communication clause Of the homestead
act. Good men in both houses OF con-
gress now believe that with proper
amendments both of these laws will
continue to serve an important pur-
pose. This view is now understood to
be entertained by the president, and 1t
was embodied in the special report re-
Gently submitted to him by COM
mission which he appointed early In
the year to investigate the public land
question and point out changes neces-
sary for the preservation of these
lands for the homemaker This com
mission was composed Of w. A. Rich
ards, commissioner of the general land
office; r. H. Newell, chief engineer of
the reclamation service; and Clifford
Pinchot, chief of the government bu-
reau of forestry, men Of unquest1oned
ability and honesty, thoroly familiar
with the land question in all It's phases
and entirely competent to make prop
or recommendations for the guidance
OF the president and Of congress.
It may be said In passing that be-
fore the report Of this commission be-
came public, the president was In
clined to adhere to the opinion that
the three laws above mentioned ought
TO be repealed; in fact, he as good as
said SO in one Of his earlier messages
20 congress. His change of base Is
suggestive at least that repeal should
not be regarded as something to be in
sisted upon without positive evidence
Of It's wisdom.
The COMMISSIONS tSeDOrL. .
A word should also be spoken in
this connection regarding the report
of the special commission just re-
ferred to. That report does not, and
in the very nature of the case it could
not, cover the vexed question under
dispute in an ideally satisfactory man
ner. 1t goes over the whole ground
notes the defects in existing laws, the
difficulties In the way Of changing
them, and then recommends such
legislation as it will be possible to en-
act at this time. 1t strongly urges the
recommends that the communication
clause of the homestead act should not
apply to lands chiefly valuable fol
timber, and suggests several amend
among them the repeal Of the assign
ment clause of that act. Undoubted
ly the commission believes tina
further steps will be necessary before
the land laws are in a proper form
but what it recommends is, in 1t:
Judgment. all that can possibly be
accomplished at this time, owing tt
conflicting opinions in congress ant
the determination of certain 1ntiuen
tial members that nothing radica
shall be done. But these recon-
mendations, 1t is claimed, will, i
adopted, correct all of the majo
abuses "
Abuses Under Existing Laws.
1t may be we'll to refer to thes
abuses, In order that the averag
newspaper reader may understand
what they are.
The timber and stone act is anti
uuated. 1t was passed years ago, an
was intended to apply to the huml
states, where its operation was entire
Nv satisfactory. Without entering int
confusing details, it may be said tina
this law never should have been ex
tended to the arid and the semi-ari
states Special legislation, to fit tn
peculiar conditions in the far Wes
should have been enacted; but IN
stead of that. congress extended tn
archaic timber and stone act, an
gross abuses have resulted.
Under cover Of the law-to make
any person having designs on larg
bodies of timber, say in Oregon Q
northern California, to start from an
eastern city with a train load of hire
men, unload these men in the tim
bered area previously selected, hay
them select small tracts of land eacl
acquire title, and turn that title owe
60 the man paying the expenses of tn
trip.
dreds of cases, by spectators and lun
bermen from all parts of the cas-
81 who have thus acquired large holding
in Oregon, washington and Californ!
pine lands, without violating the lette
SSAS&h =
law was never designed by congress
as all will readily admit. The origin
intent of the timber and stone act, ar
1t was applied In this way in tt
humid states, was to aid the actu
settler and home maker.
The special commission appointe
by the president, notes these abuses
the law, and recommends its speedy r
peal. 1t says that 'the law is defe
tive, because even when properly a.
ministered, 1t may be used for pu
poses for which it was never Il
tended" The use referred to is illu
trated in the hypothetical case me,
toned above.
A Concrete Illustration.
The commission goes to Minneso
for a concrete illustration of VIII
would be gained by the repeal of II
timber and stone act, in addition
what has already been said. I quo
from it's report:
In December 1908, there were t.
sales of timber upon the coded pc
tion of the Chippewa reservation in Mi
r nesota. At the first sale, the timber up
10s.o27 acres sold for s1,4s2,771, an ave