198 TRANSACTIONS OF THE 



Timber Entry, and Desert Land Acts. Under these various Acts it was 

 possible, but not generally practicable, to obtain title by one person under 

 nearly all the Acts, although not simultaneously. 



The Preemption Acts in various forms have been in operation since 1801, 

 and under their beneficent provisions millions of acres of the public domain 

 passed into the ownership of actual settlers, and much of our most valu- 

 able land in the United States has its title founded upon these laws. The 

 Homestead Act, under a broader view of the relation of the settler to the 

 Government, was passed in 1862, and a fresh incentive was given to people 

 our broad acres and build up homes. This law, which required actual 

 settlement for five years, was amended so as to permit a purchase after a 

 six months' residence, much the same as in the Preemption Act. 



The other Acts followed along, and were the outgrowth of various con- 

 ditions and necessities, and were all wisely conceived and beneficent in 

 their objects. Of all of these late Acts at this moment perhaps the most 

 obnoxious, the Desert Act, in my judgment, is the wisest. With widely 

 separated exceptions, desert lands cannot in their nature be reclaimed 

 under the Homestead or Preemption Acts. A combination of interests 

 and capital must precede settlement, and these cannot be brought about 

 without assurance of being able to obtain title to land reclaimed other 

 than by actual settlement on small tracts. It is certainly desirable to 

 settle up these vast arid tracts, and with large ditch enterprises and flowing 

 wells this can gradually be done. 



The Timber Culture law never had much application west of the eastern 

 slope of the Rocky Mountains, while the Timber Entry Act found its origin 

 in the necessities of the country west of the Rocky Mountains, as did the 

 Desert Land Act chiefly. 



The conditions which made all these laws of great value to the people 

 have not materially changed. They are all as necessary now to the proper 

 and adequate development of the country as they ever were. 



Now, what is the present policy of the Land Department? It is nothing 

 short of absolute repeal of all laws for the acquisition of title to public 

 lands, except in the single instance of homestead after five years' actual 

 residence. 



What brought about this attempted sweeping annihilation of these 

 humane and salutary laws? 



In some of the Territories combinations were made and Government 

 officials were bribed in the interest of stock men, and many fraudulent 

 entries were made under the Preemption and Homestead Acts. In other 

 places it was found that occasional entries were made in violation of law. 

 Similar combinations were made to obtain title to timber land, notably the 

 redwood venture on this coast. There was nothing in all this to warrant 

 the repeal of the laws. It was simply a failure on the part of Government 

 officials to perform their duty, and that only in certain land offices. A 

 close inspection and watch over these offices, and a suspension of entries 

 in which proof of fraud existed, was the plain remedy. It was a confession 

 of inability to administer our Land Department, to suspend all entries of 

 certain classes, and to endeavor even to suspend the operation of the law 

 all over the country. Every Land Office in the Union was placed under the 

 ban; a sweeping charge of corruption and fraud against all land officers, 

 and most persons seeking land, was made; the holder of a final receipt 

 given upon final proof, and the purchaser of land from such holder, were 

 all told their title was subject to the caprice of the Land Commissioner; 

 entries made and completed and ready for patent were held for cancellation, 

 and owners were notified to appear and show cause why such entries should 



