Semi-weekly herald., 1910-01-24
BOARD OF TRADE TAKES
ACTIVE STEPS ON LANDS

III AtHfVhHN " lotltt sent bhA ny
Secretary McCloud there was very
good attendance at the open board OF
trade meeting Thursday to listen to
the report of the committee appointed
to look into the land question and
the way the law is administered. The
committee, as published some weeks
ago. was composed of most of the at.
torneys of the city along with several
well known authorities on the subject
The meeting was called to order by
Vice President Buchanan In the alb
sence of Mr.. Nathan in the east. with
Secretary Richard McCloud, directors
aud members present. on behalf of
the committee f. c. Perkins read the
report
To the Durango Board of Trade:
Your committee appointed to inves-
tigate conditions prevailing in the ad.
ministratlon of the public land laws In
this region and to make recommends.
tions relative thereto would respect.
fully report that they have considered
many individual complaints and spe.
cilic instances. as well rs general con.
dltlons and find.
First That large areas of land in
this district aggregating more than a
million acres are classified as coal
land at from $50 90 $500 per acre. and
very large proportion of the land SO
classified has no indications of coal
on it. nor are there any known coal
veins within several allies. while
these lands are exceedingly valuable
for agricultural purposes and com.
prise 80 per cent of such lands in this
district available for entry.
Second. That entrymen who have
complied with the law and submitted
satisfactory final proof have been re.
quired to elect to receive surface
rights only or stand contest by the
government although no indications OF
coal exist on or near their entries, AMI
the classification as coal land was
made long after proof was submitted
and no charges are made against their
good faith, and we deem this In direct
coutraycntion of the provisions of the
act of March j. 1909. which was in.
tended to protect these rights.
Third That the classification OF
these coal lands is made upon a geo
logical report, and not upon ectual ex
ploration of the lands and discovery
OF coal therein. and while congress
has expressly provided Cor hearing
to determine the character of the land
yet the land office through Its Off
cials holds the geological classified
tion Is practically conclusive, making
the hearing provided for of no effect
and multiplying the act of congress.
Fourth. That contests are initiated
before the local officers upon the re
ports of special agents of the genera
land office, and that special agents o
the general land office conduct the
hearing before the register and re
ceiyer, and In some instances at least
a general land office clerk has been
detailed to write up the decisions OF
the register and receiver for their sig
nature.
Fifth. That appeals from the reg.
lister and receiver go to The com.
mssoner of the general land office
and are there passed upon by clerks
who are the same as special agents in
their position and authority, and that
the rules and regulations under which
they act are formulated by the general
land office in which they are clerk.
and that there is no appeal to the
federal courts from these decisions,
which are not ways in accord with
ne rulings OF the United States SUI
preme court.
Sixth, That this ningling of ad-
minisi"ltive, legislative and judicial
functions Is an evil so great that the
system has resulted in practical null
iflcation of many of the laws OF con.
gress, and has become an engine OF
oppression to the honest entryman,
who in many instances is practically
cocrced into Surrendering the rights
granted to MIN by congress by rea.
son of the hostility of the land de-
partment TO him and his claims.
Seventh. That In the administration
of The land laws many grotesquely
.noonsi istent decisions are made. by
tse Office of the commissioner OF the
general Land office and the depart.
ment OF the Interior. showing either
gross carclessaess and ignorance or
corruption ON the part OF some official,
and It Is commonly reported and gen
orally believed that some of the spe-
cial agents at least are venal, and
make reports matter of bargain and
sale.
Eighth. That the present conditions
are so oppressive as to become intol.
cradle, even the local officers being
made subject to the orders of these
special agents.
Ninth. That under the law as inter.
.preted by the department agricultural
entries cannot be allowed on lands
classified as coal without first proving
that the classification made by the