The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-18
REVISION OF LANDLAWS URGED
By THE PRESIDENT IN SPECIAL
MESSAGE no CONGRESS.


mutation Clause OF Homestead Act.
WASHINGTON, Dec. 1.-THE President
sent to Congress to-day the following mes
sage urging revision Of the public land
laws:
To tire Senate and Fl orse Of Representatives:
The Developments of the past year en-
plastic with increasing force the need OF
vigorous and immediate action to recast
n public land laws and adapt them to the
actual situation. The timber and stone
act has demonstrated conclusively that its
effect il to turn over the public timber
lards to great corporations. IL has done
enormous harm, Il IL no longer needed and
it should he repealed.
The desert land act results so frequently
in fraud and so comparatively seldom In
making homes on the land that II demands
radical amendment. Thai provision which
permits assignment before patent should
be repealed, and the entry man should be re-
quired to live for not less than two years
at home on the land before patent issues.
Otherwise the desert land law will con-
tinue to assist spectators and other large
holders to get control Of land and water
on the public domain by indefensible means.
The Communication clause OF the Home
stead act serves in a majority OF cases
to defeat the purpose of the Homestead act
itself, which is to facilitate settlement and
create homes. In theory the Communication
clause should assist the honest settler and
doubtless in some cases it does so. FAR
more often it supplies the means by which
spectators and loan and mortgage COM
panies secure possession of the land. Actual
NOT constructive living at home on the
land for three years should be required
before Communication, unless II should APP
pear wiser to repeal the communication
clause altogether.
PRESENT LAY FOR FRAUD
1 am gravely concerned at the extremely
unsatisfactory condition OF the public land
laws and at the prevalence of fraud under
their present provisions. For much OF this
fraud the present laws are chiefly RESPONSE
BILE. There Ia but one way by which the
fraudulent acquisition Of these lands can be
definitely stopped. and therefore l have di-
rected the Secretary OF the Interior 70 allow
no patent to be issued TO public land nde
any law until by an examination on the
ground actual compliance with that law has
been found to exist. For this purpose an
increase OF special agents In the General
Land Office is urgently required; unless It
is given, bona f1de would-be settlers will be
put 10 grave inconvenience, or else the
fraud win in large part go on. Further, the
Secretary Of the Interior should be enabled
to employ enough mining experts TO ex-
anime the validity OF all mineral land
claims and TO undertake the supervision and
control Of the use Of the mineral fuels still
belonging TO the United States. The pres
ent coal law, limiting the individual entry
to 100 acres, puts a premium on fraud py
making it impossible to develop certain
types Of coal fields and yet comply with the
law. II is a scandal to maintain laws which
sound well but which make fraud the key
without which great natural resources must
remain closed. Tn law should give indl-
viduals and corporations, under proper
Government regulation and control Uhe
details of which / shall not at present dis.
cuss), the right to work bodies OF coal land
large enough for profitable development.
NV own belief is that there should be pro-
= - I.-,. al oil and naa vi0hfQ
under proper restrictions. II the addi-
tional force Of special agents and mining
experts 1 recommend is provided and well
used, the result will be not only to stop the
land frauds, but TO prevent delays IN patent
ing valid land claims. and to conserve the
Indispensable fuel resources OF the nation.
RIGHTS OF WAY N PRIVILEGES.
Many OF the existing laws affecting rights
of way and privileges on public lands and
reservations are illogical and unfair. Some
work injustice by granting valuable rights
in perpetuity without return. Others fail
10 protect the grantee in his possession of
permanent improvements made at large
expense. In fairness to the Government,
to the holders of rights and privileges on
the public and and TO the people whom
the latter serve, l urge the revision and re-
enactment OF those laws in one comprehen-
sive act providing that the regulations and
the charge now in force in ma ny cases
NAV be extended to all, TO the end that
unregulated or monopolistic control OF great
natural resources may not De acquired or
misused for private ends.
PRIVATE HOLDINGS WITHIN NATIONAL
Z
The boundaries Of the national forest
reserves unavoidably include certain valua-
bic timber lands not owned by the Govern
ment. Important among them are the
land grants of various railroads. For
more thar two years negotiations with the
land grant railroads have been in progress
looking toward an arrangement by whlcn
the forest on railroad lands within national
forest reserves may be preserved by the
removal of the present crop OF timber
under rules prescribed by the Forest Ser;
vice and it's perpetuation may be assured
by the transfer of the land to the Govern
ment without cost. The advantage Oh sucn
an arrangement TO the Government lies IN
the acquisition OF lands whose protection
is necessary to the general welfare; The
advantage TO the railroads Is found in the
proposal to allow them 20 consolidate thelT
holdings Of timber within forest reserves
nv exchange after deciding their lands to
the Government, and thus TO cut within
a limited time solid bodies OF timber instead
OF alternate sections, although tho amount
OF timber in each case would be the same
II il possible that legislation will he re-
ouired to authorize this or a similar arrange
ment with the railroads and other owners
II so / rec commend that IL be enacted.
oRKIN CAPITAL o II NATIONAL
FORESTS.
The money value of the national forests
now reserved for the use and benefit of the
people exceeds considerably the sum OF
one thousand millions of dollars. The
stumpage value OF the standing timber
approaches seven hundred million dollars
and, together with the range and timber
lands, the water for irrigation and power
and the subsidiary values, reaches al
amount equal TO that of the national prop
erty now under the immediate control oI
the army and navy together. But this vEst
domain is withheld from serving the ma
ton az freely and fully as il might by th'
lack of capital 10 develop IL. The yearly
running expenses are sufficiently met by
the annual appropriation and the proceeds
of the forests. Under the care of the ForesI
Service the latter are increasing at the rate o
more thar half a million dollars a year
the estimate Of appropriation for the present
year Is less than for last year; and IL " con