Year: 1879


Emery is urged by leading Gentiles and by
the Chief Justice of Utah.


THE PUBLIC DOMAIN.


WORK OF THE PUBLIC LANDS coMMIssIoN-DEFECrs


IN rHn LAWS AFFECTING PAsrURAGE AND


MINING IANDs-sUGGEsrED IMPROVEMENTS.


[ny TELEGRAPH TO TIE TRIBuNE.i


WASHINGTON, Dec. 21.-The Public Lands Com
mission is busily engaged in studying the difficult
problem set before il by Congress in the terms of
the Act by which the Commission was created
The Commission is required to report to Congress
within one year from the time of Its orcaniza-
tion codi6cation of the public land laws,
system and standard of classification OF pub
lie lands: as arabic, irrigabe. timber. pas
turage, mineral, etc; system of land parcelling
surveys and recommendations respecting the
best method of disposing of the public
lands OF the western portion of the United States to
actual settlers" In order to learn much as possi-
ble in the little time that could be spared of the
views OF Western peoule themselves on the general
subject, the Commission made an extended journey.
scattered in singles aud couples the country,
obtained large amount of valuable and intelligent
oral testimony in every State aud Territory Of the
West besides many written answers to specific
questions.


Representative Converse. of Ohio, Chairman Of
the House Committee on Public Lands, accom-
panied the Commission during part of its journey
in order to become familiar with the practical
operation of the land system.


First may be mentioned the pasturage lands.
Cattle and sheep are now pastured almost wholly
upon public land. Each herd roams at the will OF
Its owner wherever grass can be found, and no
man can lawfully exclude another from any
part of the uureserved public domain. In
the "bunch grass" region, which may be
roughly stated 10 lie west of the Tooth meridianthe
pasturage has been nearly destroyed by over feed
ing. Here is seen the Importance of ownership or
some possessory right TO pasturage tract East of
the Tooth meridian the grasses are more abundant
and less easily destroyed. but the question still
arises whether the same process will not
ultimately lead to Overlooking and the
destruction of the grass. Several square miles
are necessary to feed even small herd The land
is not open TO sale private entry, and if it were
the price of 81 % per acre would be prohibitory
nobody could afford to pay much for it. But the
urgent want of some practical control over large
tracts of lands has given birth TO numerous devices
for obtaining It, in way which the laws never COLI
templated. III person can secure possession OF all
the water of gwen district he practical
control of all the unoccuped land of that district.
Hence narrow continuous strips for long distance
along the streams and small tracts. including the
springs, pools and water holes, are taken up. and





the water which carries with it the practical con-
troll of all the surrounding country Other devices
of still more questionable propriety and legality
have been resorted to in order to obtain the same
end. Thus it appears that ownership or exclusive
possession of tracts much larger than those contem
plated by homestead or preemption laws has become
pressing necessity to the pastoral interests OF the
West. The mem bers of the Commission say they
have several propositions under consideration look
ing 10 a solution Of present difficulties


Another subject of great Importance has refer
ence TO the state of the laws regulating the requis
tion of mineral lands. To those familiar with min
ing II Is altogether roo well known that the great
est burden which this important industry has 10
sustain is tho extraordinary amount of litigation
over mining titles. Many sources of contest might
be specified Those arising from defects IN the inIt
ation Of title are exceedingly numerous and varied
in character. The customs prevailing in mining
districts relating 70 Ihe %. LAWNS d are e%
fain general limitations. The practices vary as be-
tween different districts, and vary with the pro-
gress Of time Ill the same district IL there is any
conviction more deeply seated than another
In the opinions OF the mining classes,
it is that. the extent OF single claims
As deep mining makes progress it is becoming moro
and more questionable whether upon fair average
honndaries is benefit. The Commission has taken
a large amount of exceedingly able testimony, and
mas received many carefully prepared letters
upon the state of the laws relating TO mineral
lands. II would be premature TO at
tempt TO set forth the precise character
Of this evidence. and ITS exact tendency but IN
general way it may be stated that the proposition
10 apply the common law rule to mineral claims Is
very strongly urged 1t is said that the testimony
in favor of the common law rule, so FAR as 1t has
been examined, appears to preponderale, ana Is
sustained by some of the abest Jurists ana mining
lawyers of the West, and by many OF the miners.
There are also some able papers IN support of the
present law.