New-York tribune., 1906-12-19
LAND LAW REFORn.

The extent TO which frauds have been exposed
and punished during Secretary Hitchcock's ad-
ministration Of the Department of the Interior
makes President ROosevelt's message on the pub
lie lands peculiarly pertinent \ reform of the
law which fosters so much dishonesty is imper
atively needed. Secretary Hitchcock reported
that in the last year there had been 400 indict-
ments for land frauds. This only scratches the
surface Of this form OF crime. There are thou
sands Of cases all through the West which are
secure from prosecution under the statute.
Meanwhile the frauds continue. The government
Is not able 10 keep up with the land thieves.
Public opinion in the less settled Western states
sustans the grabbing Of the land contrary TO
law. The trouble seems TO be that the present
law is impractcable Generally speaking, it
does not pay TO occupy this public domain in
small lots. and the law permits its occupation
only in small lots. In mineral lands homestead
plot is too small 10 be of practical utility. For
grazing under Western conditions such piece is
too limited for profitable occupation. The result
Is that corporation wishing to obtain the lands
for mining or grazing hires a number Of individ-
uals 10 file fraudulent claims to contiguous home
stead plots 1t then purchases an assignment of
these claims and unites them into tract large
enough for profitable occupation.
This does not by any means cover all the vari-
eties of land frauds. bur it is probable that most
land is worthless TO individuals in the lawful
homestead plots and that its occupation. even
temporarily, on larger scale cannot be honestly
accomplished. The President recognizes this
condition. He says:
The presenS coal law limiting the individual
entry TO 100 acres, puts a premium on fraud by
making Il impossible TO develop certain types Of
coal fields and yet comply with the law 1t Is
scandal to maintain laws which sound we'll, but
which make fraud the key without which great
natural resources must remain closed.
The Illegal fencing of the public range for
grazing purposes springs from the same restric-
ton The President says:
Reasonable fencing which promotes the use
OF the range and yet interferes neither with
/ settlement with other range rights would
be thoroughly desirable II il were legal. Yet the
law forbids II. and the law must and will be
enforced; ! Will see 10 IL that the Illegal fences
are removed unless Congress at the present
sion takes steps 10 legaliZe proper fencing by
government control OF the range.
For the correction Of the abuses in the coal,
oil and gas lands the President suggests the leas-
ing OF those lands to mining and oil companies.
Thus the companies would be enabled to obtain
the use Of land in areas adequate to proper de-
velopment without resort TO fraud. The same
system OF leasing might be applied to the fenc-
ing OF the public domain for grazing purposes.
Ihe laws nave proved unjust, illogical and Ill
adapted 10 the needs of the present day They
are too strict and the means for their enforce
ment Is inadequate. a situation which always
puts premium on lawbreaking. They should
Ice moderated In the direction which the Presi-
dent Indicates, and an increased force of land
agents and mining experts should be provided To