The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-01-20
BENNETT ON COAL
LAND LAWS OF i. 5.
Continued From Page One.

Continued From Page One.
cisions, because Of the m~ultitudinous
duties placed upon these officers. The
head Of the Office cannot find time to.
give individual attention to many Of
the most important cases which are
submitted for his consideration; he
has too many duties to attend to which
he cannot detail to others because he
alone by law can perform them
The commissioner makes many i'm
portant recommendations regarding
what he considers to be necessary leg
i%slation for the proper administration
Of the affairs Of his office, which
reaches into every section of the coun-
try where there are any public lanos.
In discussing the question Of coal
lands, Commissioner bennett says:
The general mining laws are not
applicable to the disposition of coal
lands, special legislation being pro.
vided therefor. The coal land laws
embrace certain features Of the old
presumption law, in the matter of sale
and the preference right of purchase,
and other elements of the mining laws
in the matter of acreage and the right
velopment.
The right of one person or associa-
ton of persons to purchase is limited
in the matter of acreag, and the right
once exercised is exhausted. The pur-
pose of these restrictions is apparent
that Is, to distribute the ownership
of coal lands among as many indiyid-
l1nI nTvpaYc# a g v.N-.sklN -1 ---"
try to prevent a m~onopolistic control
OF a valuable public asset, there be-
ing, however, no supervision of any
kind retained in the government after
patent is issued. This feature of the
law has been a failure.
ITO so administer the law as to Sc
cure this result demands of the lana
department diligent attention to mat
ters of statutory construction in con-
sidering applications to purchase these
lands and prevent evasions of the law
by which, either through dummy en-
trymen or other fraudulent devices.
undue advantages under the law may
be secured. &C.
THE legal difficulties heretofore en-
countered insthe adjudication of cases
under this branch of the public land
laws, bid fair, to be largely Increased
by the recent acts of March 3, 1909,
and June %, 1910, recognizing the
right to issue an agricultural patent
for the surface of the land, while re-
serving to the United States the right
to dispose Of the coal Hereunder"
The commissioner renews the rec
ommendation made last year that the
Il nf7nn Of paraixya, - Iaz.I. - ., +.
be abolished.
"A far better organization at less
expense could be perfected he says.
There is no business reason to be
advanced for the retention Of the pres
ent organization of local ~Iandofices.
1t originated in the era of sale. when
the money value of the land disposed
of vas the paramount idea. 1t was
retained without any real reason
through the era of development. The
coming era should see it abolished"
The commissioners recommends
tons for legislation follow in part:
"C) To transfer to the reclamation
service all duties pertaining to the
collection and disposition of moneys
due on account of building, mainte-
hence, and operation charges, in con-
nection with government reclamation
projects. This is the subject and OBJ
ject of a pending bill Is. $500 in refer
ence to which a favorable report was
submitted by the department under
date of May 20. 1911.
"(2) Entry for townsite
Of land valuable for coal, oil, or gas,
should be permitted, with provision
xzyhArohrr H. - 49, --sIT - x
the title to the coal, oil, or gas con-
tents of the lands SO entered, in like
manner as such deposits or contents
are expected from conveyance by the
act of congress approved June %, 1910
(36 Stat, $3.50.
"(3) Owing to the nonexistence Of
any common law of crimes which the
federal courts can administer. many
forms Of false swearing seem to be
not punishable by proceedings in those
courts. Attempted prosecutions for
false oaths in relation to the charac-
ter of the land Of which entry is
sought, or concerning the legal qualifi-
cation of the would-be entryman. have
failed of success because 1t was held
that these oaths were not specifically
required by the statute. The facts
bearing on these questions must al
ways be a~scertained by the depart
ment, and / earnestly recommend that
this defect in the law be repaired.
"a Registers and receivers are en-
powered by law TACT of congress APP
proved Jan. 81, 1908. 80, Stat, 1900
to issue s~ubpoenas for witnesses in
cases pending before them. They
should also be empowered to require a
| witness to bring with him and produce
papers. books and documents In his
possession and constituting material
and important evidence in relation to
any issue in the pending cause.
"(51 The act Of congress approved
Jan. 81, 1903 (32 Stat, 1901, does not
prescribe the fees chargeable by OFF,
| GERS before whom the dispositions
therin provided for are submitted.
The provisions Of this statute are very
extensively awaited Of BY the govern
ment in cases involving the validity
of public Land entries. and. owing 70
the varying statutes Of The several
states, and to the difference between
these statutes and the federal law
relating to fees (act of congress APP
proved May 2S. 1895, 20 Stat, 1S4),
some considerable burden of inquiry
has been imposed on the accounting
| officers of the government, and some