Omaha daily bee., 1909-03-01
BILL BY SENATOR BURKETT
Nebrsskan Has Measure for Inspec-
ton of Locomotive Boilers.
RULING ON RECLAMATION ACT
Decision Deanes Rights of Fntrymen
TO Assign or Transfer Their
Rights Before Patent
IL Issued.
(From a staff Correspondent.)

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WASHINGTON, u. c.. Feb. 2S.-(Special
observation-disclosures Burkett will intro
duce a bill tomorrow which has the en-
dorsement of the secretary of commerce
and labor, president of the Boiler Makers
association and representatives of the
Brotherhood Of Locomotive Engineers of
the United States. 1t is intended to give
a double protection to the public against
the danger of boiler explosions while
travelling by rail. In reply to a resolu-
tion OF the senator from Nebraska, the
Department of Commerce and Labor fur
nished detailed statistics regarding deaths
that had resulted from locomotive boiler
explosions which gives the basis for the
Burkett bill.
These statistics show that there were
1873 deaths in 1904. 129 in 1905. 127 in 1906,
1865 in 1907 and 1872 in 1908. making 716
deaths from locomotive boiler explosions
in the last five years.
The bill is to become operative after
January 1, 1910. and provides, among other
things, that 1t sh TALL be unlawful for any
common carrier by railroad to use any To-
connective propelled by steam power in
moving interstate or foreign m
which is not equipped with steam pressure
gauge, safety valve, gauge cocks or try
cocks and water glass showing depth of
water in the boiler and having shut-off
cock or shut-off valve at each end of the
glass which can be manipulated by hand.
All boilers must further stand hydrostatic
test in the ratio of $50 pounds to the
| square inch of working steam allowed.
and that boilers must be of good mate
rial; further, that all pipes. tubes, flues,
etc. are so made and constructed that
they can be safely employed in traffic
without peril to travellers.
Violations of the provision of the act
on the part of common carriers shall sub
ject the offender TO a penalty of $1,000
for every violation, to be recovered In
civil suit brought by the United States
district attorney in the district having
Jurisdiction in the locality where such
violation shall nave been committed, and
1t shall be the duty of the district attor-
ney to bring suit upon verified informa-
ton being lodged.
Ruling on Reclamation Act.
The secretary of the interior has just
issued instructions to the general land
office which remove a difficulty that has
been met in connection with entries under
the reclamation act. In a circular of the
general land office, issued January is.
1908, provision is made that after the re-
quirements of the homestead law as to
residence and cultivation have been com
piled with, the entryman or his heirs may
make final proof of compliance with those
requirements, after which he will be re-
Iieved Of the necessity of residing upon
the land.
The question arose whether after having
made such proof the entryman could as
sign his interest in the land without for
feiting his right to a ratent.
II has now been decided that the patent
will issue in the name of the original
entryman in the usual manner, after such
final proof has been made. and upon proof
that at least one-half of the irrigable area
Of the entry as finally adjusted has been
reclaimed, and upon payment to the proper
officials of the government of the charges,
fees and commissions which are due.
The communication contains the direct
statement that so far as the department
Is concerned no legal objection will be
raised to the assignment Of the right of
an entryman who has just made five-year
final proof. and that such assignment
would seem to convey all the entryman's
I interest in the land. including the right
OF the assignee to a complete title by
carrying out the additional requirements
imposed by the reclamation law.
This order of the secretary puts the
reclamation homstead entries upon the same
basis as original homested entries in re-
gard to assignments after final proof. and
will thus remove one great difficulty that
has been felt in some of the projects.