The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-18


of vigorous and immediate action to re-
cast the public land laws and adapt them
to the actual situation. The timber and
stone act has demonstrated conclusvely
that its effect is to turn over the public
timber lands TO great corporations. 1t
has done enormous harm, it is not longer
needed. and it should be repealed.
The desert land act results frequently
in fraud and so comparatively seldom in
making homes on the land that it de-
mands radical amendment The provision
which permits assignment before patent
should be repealed and the entryman
should be required to live for not less
than two years at home on the land be-
fore patent issues. Otherwise the desert
land law will continue to assist specula-
tors and other large holders to get con-
troll of land and water on the public do
main by indefensible methods.
Homestead Act.
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 conf
mutation 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 COMMUNICATING
at home on the land for three years
should be required before Communication.
unless it should appear wiser to repeal
the Communication clause altogether.
| am gravely concerned at the extremely
unsatisfactory condition of the public land
laws and at the prevalence of fraud I'M
der their present provisions. For much
of this fraud the present laws are chiefly
responsible. There is but one way by
which the fraudulent acquision of these
lands can be definitely stopped and there
fore I have directed the secretary of the
interior to allow no patent to be issued
to public lands under any law until oy
an examination on the ground of actual
compliance with the law has been found
to exist. For this purpose an increase of
special agents in the general land office
Is urgently required.
Mineral Claims.
Further the secretary of the interior
should be enabled to employ enough min
ing experts 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 100 acres
puts premium on fraud by making it
impossible to develop certain types of coal
fields and yet comply with the law. 1t is
a scandal to maintain laws which sound
WELL but which make fraud the key
without which great natural resources
must remain closed. The law should give
individuals and corporations under proper
government regulation and control the
details of which 1 shall not at present dis
cuss). the right to work bodies of coal
land large enough for profitable develop
ment. My own belief is that there should
be provision for leasing coal, oil and gas
rights under proper restrictions.
Rights of Way and Privileges.
Many of the existing laws affecting
rights of way and privileges on public
lands and reservations are illogical and
unfair and ! urge the revision and re-
enactment of these laws into one COM
prehensive act, provided that the regua-
lions now in force in many cases be eX-
tended to all. to the end that unregulated
or mopopolistic control of great natural
resources may not be acquired or misused
for private ends.
National Forests.
The boundaries of the national forest
reserves unavoidably include certain yalu-
able timber land grants not owned by
the government. Important among them
are the land grants of various railroads,
For more than two years negotiations
with the land grant railroads have been
| in progress looking toward an agreement
| by which the forest on railroad lands
| within the national forest reserves may
! be preserved by the removal of the pres
ent crop of timber under rules prescribed
| by the forest service, and its perpetuation
may be assured by the transfer of the
| land to the government without cost
| The advantage of such an arrangement TO
| the government lies in the acquisition of
| lands whose protection is necessary to
| tha gonoraI welfare The advantages TO
| Tho railroods 10 found in the proposal TO
| III, than, 10 consolidate their holdings
81 ,i,,,ta,. ,yitbin forest reserves nv ex-
| -. r4o,.| aooding tl,oir lands 10 The
','7,,',,,t IA th9s 70 ont WITHIN a
| 49,, 60, 1ta taaios of tin,har ir
staad Of o1ternate sections although the
e'eau 81 90 .i,,,har i, aach oase would he
tho same IT is possible that legislation
would he required to authorize this or
similar arrangement with the railroads
| ana ether owners If So | recommend
working capital
| The money value of the national for
| ests now reserved for the use and bene-
fit of the people exceeds considerably the
| sum of one thousand millions of dollars.
The stumpage value of the standing tim
her approaches seven hundred million dol
lars, and together with the range and
timber lahas' the water lol %'lu
~, ot,,on,t equal to mat of the national
nronertv now under the immediate control