Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-09
DEALS WITH LAND FRAUDS
secretary Hitchcock Devotss Considerable
Space in His Report to Nebraska
POINTS OUT WEAK SPOTS IN LAND LAWS
Opera af Government In Recla-
matt uave Proved
f" A' ''vnne,
EnterpG~

WASHINGTON, Dec S-Uuder date of
November q the secretary of the interior
submits his annual rerpr; from which tho
following is taken
Since my last annual report the land
service has been the sCene Ot unusual ac-
| tivity. The prosecuri)l of he ring Of con-
splrators on the Pacific CO st has teen Wig
orously pushed, number have been CON
| victed and many more indicted and aprre-
hended and brought oacovc the e'urts for
Other Investigations of ali sed violations
| ot the public land laws in that section ahi
elsewhere are being rap day and energct-
lcally prosecuted, several ID ana persistent
| OFFENDERS have been indicted and their trials
| VIII occur in the near future. Otner cases
VIII soon be in shape for CresentltI1n TO
tne federal gfand jurIes having jurisdiction
OF the OnCnses alleged. ud II Us oa!eVrG
that the offenders will be spssdily brought
There were disposed If during the fiscal
year ended June 30, 1913. public lands ag-
gregating 17,O56,62 27 acres classified as fol
| lows; cash salcs, l,646,u5 q; mis- sellaneou5
| entries, embracing homcs-ea,ls, land war
rants, script locations, state selections,
lections, Hndian alotmrats. etc, 1j,332 4240I
acres, ana Indian lands, ;1.5t5,.U9 Jcrcs,
| sliYMlns an increase ot "5lNO,S3 acres as
compared with the aggregate dlsposals for
the preceding fiscal year.
! The total cash receipts during the fiscal
year from various sources a2grcgHte S,ClI,-
| Sl1.3S a decrease Of s2955I - from the
| preceding fiscal year
The total expenses of district land oTces
| Tor salaries and commissions ut registers
and receivers, incidental cXIans' and tX-
pense of depositing public moneys during
Ss1S,33932. a decrease Of S2I,6S5l3. MS G. M
pared with the fiscal wear ended June 81.
The aggregate expenditures aao estirna',e
liabilities OF the public land service. includ-
Ing expenses of district land Oil ,cs. as
! DiuS In the United StntpS ,f ~
l22os '''e' '''''''' treasury VI '''O-'-
The total unappropriatcd and nleserv we'd
area OF the public dDiaam remaining
amounts to S17,527l57 lcfos.
| Unlawful Enclosures of Public Land
With respect to unlawful inelosu.es Ill
| reports or special agents were received dur
LIZ lS the Seati showing an ara OF 56S,jI'
| acres OF public land unlawfu!y inclOsed.
| through the efforts OF ,he 5scill agorts
| slNty-nlne of such Enclosures, embracing
SzdlSO acres Of public land, Ina e cen re-
moved and proceedings arc pending IT, ccm-
pei the removal in the remain.ng cases re-
ported, embracing 1SG197 acres. S1ec'nc in
| structions have been givCl the sDeciai
agents to secure the rsn oval of all the un-
lawful IyI,h fen fences @ upon the plblio lands.
! JnlaWful Enclosures of the public domain
| In the state of Nebraska ha re been num-
erous and extensive. Many pei sons in thc
western part OF the state see to consider
that they possess an iiup led license 10
fence public lands. The offenders arc often
prominent citizens and the courts arc re-
Iuctant 70 punish them for an oIsnse that
It is reported that parties maintaining
unlawful Enclosures often hire old soldiers
soldiers widows and any other person who
can be procured, for a money consideration
ranging from IS to $50. 10 ilc On amos
WITHIN WITH thsir inciosures, and by means CT
sneh entries defTaud the governnlen: of
title 70 the fncfoscd lands. Fspeciaiy II
Is alleged has this plan been followed since
Stat L., $40, known as the Kinkaid act,
permitting homesteaders t. enter $40 acres
OF land.
The penalty. for the unlawful irclcsure
OF Pupllc IaLds, as prescribed by the act
Spe a. FeoTusTy eoT % lSS tS 3 stat L. 32l. is
for not exceeding one year for each offense.
Richards-COmstOck Case.
After some years OF effort and an ex-
pendlture OF several Thousand dollars Bart
lett hiccar9s and William c. Comstock,
who. through the Nebraska Land and Feed.
ing con lI5ny, 1t is all .geu maintained an
uniawful inclosure of more that quarter
dicted and brought before the court recently
for trial They pleaded guilty, and after
CONSIDERATION OF the matter the court I'M
posed line IN each Gaze of $500 and SEN
fenced the defendants tt the custody OF
the marshal for six houIs!!
-, one & Of the 5,dl most conspicuous facts that
fraud investigations is that the timber
} and stone act the desert land act and the
communication clause OF the homestead law
are the convenient handmaidens of crime:
! that they have afforded the most effective
means for the conspirators with whom we
the title Of the public domain from the
government TO themselves. and unless they
2 are repealed or materially modifed or
amended substantially as heretofore re-
peatedly recommended in my annual re-
ports and by, the Public Lands commits
] sion, they will continue TO constitute the
. most dangerous menace to the integrity OF
, the public domain.
Executive officers are Of necessity very
largely dependent upon the endorsers OF
applicants for public place in determining
the fitness of such applicants for the posi-
tions sought. If such endorsers will look
more carefully into the character. reputa-
= tion and fitness of the applicants whom
, considerations. protection in larger meas
ure AGAINST this class OF offenders will be
E obtained.
am Of opinion that there is no necessity
for the continuance OF the once of re.
ceiver of public moneys for United States
land ofhces and that II would be in the in
: terest OF both economy and good admins
tration to abolish the ONCE and vest the
Z duties of receiver in the register, the act
10 go into effect July ], 1905.
Inherited Lands.
Under the provisions OF the act OF Nav
a. 1872 (s2 stat L, 275). sales of allotments
Of deceased Indians are made under certain
g rules and regulations prescribed by the de-
a partment and all convevances OF such lands
! must receive the approval Of the secretary
D Rules TO govern such sales were orig,
n inallv approved by the department June 26
| 1872 but IN order to meet constantly chang
ing conditions it has been found necessary
amend
n 10 Septernher 80 1904. II had been the Drac
= , tice to turn over 10 the benehciaries the
whole amount derived from these sales
n hut on that date an amendment was an
O nroved which redrired the proceeds OF sucl
: | sales TO be deposited In a United States
= denositor,'. to TIE credit of the benefciaries
e and restricted them to the expenditure o
n owls Stn nor month unless otherwise spe
q | cIhcallv authoriZed bv the commissioner o.
7 / indian affairs. This amendment was pro
y,uIsa ted without nrevious notice and nre
p vented tho cousnmrnation Of many schemes
a ! fo- desp0iIing the Indians and has had M
| eetoct Of chAckin~ the recklessness OF th'
q Indians and affords them protection
e AGAINST unscrupulous persons.
Pensions.
The pensioners on the roll juno 81, 1900
;, are classified as follows. viz:
: War, Revolutionary;
Widows .s.....s-'s'ss' ''''''''"'''''F
= Daughters .''.''s'''''-''''''
| War of 1872:
Widows .....s.ss'''''''''' '''''''''''''''' 80
Indian wars:
Widows ............................ 3,46
War with MeXico
N Survivors ...--4s-.ss'ssssssss t'9i
m Widows .................-.. ..-...........s t,to
y Service after March 1, 1861.
e Civil War:
I laws