Omaha daily bee., 1906-12-18
MESSAGE ON PUBLIC LANDS
President Calls Attention Of Congress Il
Much Needed Legislation.
QUESTION is lRPOnTANT AND URGENT
Laws at Present on statute Books In
Many Instances open the Door
TO Fraud and waste
OfResOurces.

today sent TO congress the following mes
sage dealing with public land questions;
To the Senate and House Of representa-
uves: The developments of the last year
emphasize with increasing force the need
OF vigorous and immediate a 'tion TO recaSt
the public land laws and adapt them 10
the actual SITUATION. Inc tilnDeI anu sto ii
act has demonstrated concluslVely that us
effect is to turn over the public timber
lands TO great corporations. II has done
enormous harm, IL Is no longer needed and
it should be repealed.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. That provision winch
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be repealed and the entryman should BE-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 before patent issues.
, Otherwise the desert land law Will continue
to assist spectators and other large nOlu-
ers to get control of land and water on
the public domain by tndetensible means.
The communication clause of the homestead
act serves. in q majority of cases, to de-
feat the purpose Of The homestead act itself,
which is to facilitate settlement and crea'e
homes. In theory the communication clause
should assist the honest settler and doubt
less in some cases II does. Far more often
| ii supplies the means by which spectators
ana loan and mortgage companies secure
! possession Of the land. Actual-not con
| sttuctve-living at home on the land for
three years should be required before com
| mutation, unless it should appear wiser
to repeal the communication clause alto
gether.
lutSe matters are more lulS hlSNho9N
| in the report Of the Public Lands commits
| sion, to which l again cali your attention.
Laws RESPONSIBLE for Frauds.
| 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 TINS
| fraud the present laws are chiefly respon'
/ sible. There is but one way by winch int
i fraudulent acquisition of these lands can
| be definitely stopped, and therefore i have
| directed the secretary of the interior to
l q nc 10 q issued 70 p1lDliC lands
| under any law until, by an examination on
/ the ground actual compliance with that
! law has been found to exist. For this pur~
/ pose an increase of special agents IN the
| general land office Is urgently required un>
less It is given, bona hde, would-be settlers
| will be put to grave inconvenience, or else
| the fraud will in large part 60 on.
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
| superv sion and control of the use OF the
mineral fuels still belonging to the United
| States. The present coal law, limiting the
! individual entry to $50 acres. puts a pre-
MUM on fraud by making it impossible
J to develop certain types OF coal neIds ana
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 ana cor
poratiOns under proper government reBuR-
| shall not at present dscuss) the right to
/ work bodies of coal land large enough
for profitable development. MY own belief
! is that there should be provision FOR leas,
ing coal, oil and gas rights under proper
/ restrictions. If the additional force of spe-
mend is provided and we'll used. the result
| will be not only to stop the land frauds,
| but to prevent delays in patenting lana
| claims and to conserve the indispensable
! fuel resources of the nation.
Rights-Of-wny and Privileges.
Many of the existing laws affecting
| rights-of-way and privileges on public
! lands and reservations are illogical and I'M
! fair. Some work injustice by granting val
liable rights in perpetuity without return.
Others fail to protect the grantee IN his
possession of permanAnt improvements n. Is
government, to the holders of rights and
privileges on the public lards and to the
| revision and reenactment of these laws in
one comprehensive act providing that the
regulations and the charge now IN force
! in many cases may be extended TO all TO
! the end that unregulated or monopolistic
| control of great natural resources may not
! be acquired or misused for private ends.
/ The boundaries of the national forest re-
serves unaVOidably include certain valuable
timber lands not owned by the govern
ment. Important among them are the
| land grants of various railroads. For more
! than two years negotiations with the land
snS ei toward an aTrsngement By which the
forest on railroad lands within national
! forest reserves may be preserved by the
/ removal Of the present crop OF timber I'M
der 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 proteetlon IS
! necessary to the general welfare. The ad-
| vantage to the railroads is found in the
! proposal to allow them to consolidate their
holdings of timber within forest reserves
by 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 the amount
I timber in each would be the same.
1t is possible that legislation will be re-
quired to authorize this or similar ar
rangement with the railroads and other
owners. II so, recommend that 1t be en-
acted.
working Capital for National Forests
| The money value of the national forests
/ now reserved for the use and benefit of
the people exceeds considerably the sum Of
81, OOJ, OOUOO0. The stutnpage value of the
standing timber approaches 100000 600, and,
| together with the range and timber lands,
the water for irrigation and power and the
subsidiary values, reached an amount equal
| to that OF the national property now under
the immediate control of the army and
the navy together. But this vast domain
is withheld from serving the nation as
freely and fully as II might by the lack
OF capital to develop IT. The yearly run
ming expenses are sufficiently met by the
annual appropriation and the proceeds of
the forests Under the care of the forest
service the latter are increasing at the
rate OF more than 500. 9oO year. the esti-
mate OF an appropriation for the present
year Is less than for last year and Il Is
confidently expected that by 1910 the forest
service will be entirely self-supporting In
the meantime there is the most urgent need
for trails, fences, cabins for the rangers,
bridges telephone lines and the other items
of equipment, without which the reserves
cannot be handled to advantage, cannot be
protected properly and cannot contribute
as they should to the general welfare EX-
penditures for such permanent improve
ments are properly chargeable to capitaI
| account The lack OF reasonable working
equipment weakens the protection OF The
national forests and greatly limits their
production This want cannot be supplied
from the appropriation for running ex-
penses The need is urgent. Accordingly I
recommend that the secretary OF the tTea =
ury be authorized to advance 10 the forest
timber, an amount say. $1,000 O1 suficieni
TO provide reasonable working capitaI
for the national forests to bear Interest
and to be repaid i'm annual installments
beginning in ten years.
Tho national parks Of the west are for
osted and they lie, without execution
within or adjacent to national forest re-
serves. Two years ago the latter were
transferred to the care " the secretary Of
| agriculture with the most satisfactory re-
| suits. The same reasons which led to this
! transfer make advisable a similar transfer
~ the national parks, now IN charge OF the
I secretary of the interior, and l recommend
legislation 10 that end.
Indian Lands.
Within adjoining national forests are
Mako