The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-08-29
Our Public Domain.

Our Public Domain.
At the meeting Of the National Irriga-
ton Congress held in Portland. Ore,
a few days ago, Mr.. JAMES j. HILL at
tackled our public land laws and called
attention to system which, beyond any
question, demands correction. He said.
1.-THE need of more land spaces for the homo
builders is created by the rapid settlement OF the
country and procptatod and aggravated by the
Insane policy Of land laws. which tend toward the
exhaustion OF the public domain by the land monop-
olist and speculator. Except In a few selected
spots, where the influence OF the railroad com
panles a. coonizers has been exercised 70 secure
actual settlement their iands. the Influx Of actual
cultlvators 10 20 ANAL -. scarcely To DO reckOnsd
with"
Mr.. HILL and President ROOSEVELT
are long way apart on the question OF
Government regulation Of railway rates,
but they are in full and complete har-
mony respecting the need for thorough
revision Of our land laws. In commu-
nication submitted to Congress, under
date of February 10. 1905, with partial
report Of the Public Lands Commission
which was appointed October 22, 1909,
Mr.. ROOSEVELT said:
81 am In full sympathy with the general conclu.
sions Of the commission In substance and in es-
sence The existing conditions, as set forth 10 this
report. to require . radical revision Of most
OF the laws affecting the public domain. II We are
to secure the hest possible use Of the remaining
i.cxl
The conclusions with which the Presi-
dent agrees so fully are, briefly, that
our present land laws are antiquated
and utterly unsuited to present condi-
tons, and that their continuance can
result only in serious loss and injury to
the nation.
The report OF the commission states
that the total area of the public lands of
the United States, exclusive OF Alaska,
was originally 1,44l, ASe,lso acres. OF
this on June 3d. 1904, only 47S,83s ,4O2
acres, or about one-thrd of the original
area, remained IA property of the ma
ton. The financial loss to the country
under the operation OF the present laws
in comparison with that which might
and should be done under new laws,
finds illustration in an experience re-
ferred to in the report of the commits
sion.
In December, 1903, standing timber
on 1883 acres Of land in the coded por-
ton Of the Chippewa Indian Reserva-
ton, in Minnesota, was sold for 81, ESQ.,
9OS, or at the rate OF $500 per acre. This
covered only the timber and the title to
the land remained with the Government.
Had this land been disposed OF in the
customary manner, under the timber
and stone act of June 3. 1873, the land,
timber and all would have brought $3.50
per acre, or $3.50, 707, with title to tho land
transferred to the purchaser. BY the
system employed in the case, the Gov
eminent obtained more than two and a
quarter millions of dollars, and still
owns the land. The commission recon-
mends with emphasis the repeal of the
timber and stone act.
The precise nature Of large areas of
the public domain is known only in a
general way. Tho report says that "the
agricultural possibilities of the remaining
public lands are as yet almost unknown.
Lands which generation ago, or even
a decade ago, were supposed to be value
less are now producing large crops,
either with or without irrigation" The
commission declares that until it can be
definitely ascertained. that any given
area of the public lands is and in all prob
ability forever will remain unsuited to
agricultural development the title to
that land should remain in the central
Government in trust for the future
settler This would prevent the specu-
lative absorption OF large areas which
may be rendered fertile and valuable
under the reclamation act.
The public domain problem is huge
and complicated. The glaring faults
Of the present system find illustration
in the legal proceedings in the Federal
Courts in California against BENSON,
HYDE, DIMoND and others, for conspir-
acy to defraud the Government in the
matter Of forest land reserves, and in the
moro recent proceedings of the Interior
Department against MITCHELL, HER
MANN, WILLIAMSON, HALL, FRANKLIN
and some sixty others on similar charges.
BY what conceivable process is It posi-
BILE for one group Of men to acquire hon.
estly the title to q domain aggregating
14,539,2O0 acres Of Government land9
Yet this area, equal to three times that
Of the State Of New jersey. or one-half
that Of the State OF New York. 10 claimed
by few mon who have an ONCE in San
Francisco.
Public lands - we'll - public ONCE
are . public trust. Under Laws framed