New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-10-12
RECOVERING THE PUBLIC DOMAIN
Millions of Acre. Can Be Regained from
Illegal Occupation.
To the Editor Of The Tribune.

To the Editor Of The Tribune.
Sir: People who believe in the conserva
ton of the public domain are much grained
with the progress that the government is
making in the recovery of lands which have
pa..ed TO private ownership by questionable
methods.
Along in the sos and eos hundreds oil
thousands Of acres were taken up in the
West under the presmption, homestead and
desert land laws
About 1890 an effort was made to suspend
these entries and investigate them prior 70
The issuance of patents and to cancel the
pa.ents for that which had already been sold
As result of clever wire pulling ard agita-
ton by clique of Western Congressman a
most Ubiquitous law was passed in 1891 that
suits by the United States to annul patents
thereafter issued can only be brought within
six years after the date Of the issue OF said
patents.
For years the government has struggled
with this law, and has finally secured we'll
established line of decisions that the SIX
years period only begins when the govern
ment has its first knowledge Of the irregu-
lerity in the title. This opens broad field
for the recovery Of lands. 1t makes no diff
ference now if fifty years have elapsed since
the government gave title. Suit can be begun
at any time One OF the first victories under
thic law was the recovery of coal lands worth
$3.50 900 which had been patented for dozen
years
The government is now beginning suits
much wider in their scope.
In addition to recovering the land, the gov
eminent expects to obtain rental for the en-
tire time that the land has been held IN prl-
vate use under the patents.
Suit has Just been begun in Wyoming
against sheep company for the recovery or
- 900 acres of land, some Of which they have
used for twenty years.
The rental claimed is $4,000, which is an
average Of 81 an acre. As most of the land
lis grazing land worth about So an acre, this
will make people very careful In the future
how they try to acquire title to government
land
Now that the road Is clear, suits can be
brought for the restoration OF millions of
acres to the public domain and the payment
Of millions of dollars as rental to the gov
eminent for the lands unjustly held.
/. is open and notorious that tho land laws
up to within five or six years ago were not
properly complied with. The title to perhaps
30 per cent Of the land in the public land
grazing states like Wyoming, Colorado and
Montana can be successfully attacked.
Thousands Of entrymen made final proof
on homesteads who during tho entire time
of their alleged residence made their homes
in nearby towns and slept on their places
once every two or three months as q matter
Of form.
There are hundreds Of miles Of bitches on
desert claims in which there has never been
drop of water.
The owners have heretofore rested secure
in the belief that the statute Of limitations
would protect them. They now stand a good
chance in the next few years of giving back
tho land, paying the costs Of an expensive
lawsuit and paying . good, fat rental for
every minute that they have illegally held
them. EDWARD BROWNING.
Camden, N. j., Oct. 8, 1916.