The Dolores star., 1906-12-21
ORDER MODIFIED
WITHDRAWAL OF LANDS FROM
ENTRY LESS STRINGENT.
WANTS LAND LAWS CHANGED

ozone ACt-AiSo SHduSeS III VI nc
peal Of Desert Land Act and Conn
mutation Clause Of Homestead
Law.
Washington--The President Mon
day issued an order to the Interior De-
partment to modify it's order with
drawing from all forms of entry large
areas of public lands in the West re-
ported by the Geological Survey to be
underlaid with coal, SO that in future
entries upon these lands may be made
under all forms of entry excepting as
coal land filings.
Viligance will be exercised IN ac-
cepting proofs to determine whether
lands sought to be acquired are more
valuable for coal or other mineral de-
posits than for agriculture.
Declaring that the public domain is
fast being gobbled by great corpora
tions and spectators under existing
laws, the President on Monday sent
message to Congress urging the repeal
of the timber and stone act. repeal or
revision of the desert land act and rad
ical revision, II not repeal, of the COM
mutation clause of the homestead act.
The Presidents message on the sub
feet of the public lands as read to Con-
gress, follows:
1.-THE developments of the past year
emphasize with increasing force the
need of vigorous and immediate action
to recast the public land laws and
adapt them to the actual situation. The
timber and stone act has demonstrated
conclusively that its effect is to turn
over the public timber lands to great
corporations. 1t has done enormous
harm, it is no longer needed, and it
should be repealed.
"The desert land act results so fire.
quently in fraud and so comparatively
seldom in making homes on the land
that it demands radical amendment.
That provision which permits assign
ment before patent should be repealed
and the entryman should be required
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 indefen-
sible means
The Communication clause of the
homestead act serves. in majority OF
cases. to defeat the purpose of the
homestead act itself, which is to facili-
tate settlement and create homes. In
theory the commutation 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
companies secure possession OF the
land. Actual-not constructive-living
at home on the land for three years
should be required before commuta-
tion, unless 1t should appear wiser to
repeal the commutation clause alto
gether.
"These matters are more fully dis
cussed in the report of the public lands
commission, to which again call your
attention.
81 am gravely concerned at the ex-
tremely 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 responsible. There is
but one way by which the fraudulent
acquisition of these lands can be def
nitely stopped, and therefore have di-
rected the secretary of the interior to
allow no patent to be issued to public
lands under any law until by an exam.
ination on the ground actual compli-
ance with that law has been found to
exist
For this purpose an increase OF spe-
cidl agents in the general land office is
urgently required; unless 1t is given,
bona fide would-be settlers will be put
to grave inconvenience, or else the
fraud will in large part go on. Further,
the secretary of the interior should be
enabled to employ enough mining ex-
perts to examine 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 present coal
law, limiting the individual entry to
160 acres, puts premium on fraud by
making 1t impossible to develop certain
types of coal fields and yet comply with
the law. 1t is scandal to maintain
laws which sound well, but which make
fraud the key without which great nat
ural resources must remain closed. The
law should give individuals and corpor-
ations under proper government regu-
lation and control (the details of which
1 shall not at present discuss), the
right to work bodies of coal land large
enough for profitable development. My
own belief is that there should be pro-
vision for leasing coal, oil and gas
rights under proper restrictions. II
the additional force of special agents
and mining experts / recommend is
provided and well used, the result will
be not only to stop the land frauds, but
to prevent delays in patenting land
claims, and to conserve the indispen.
sable fuel resources of the nation"