PUBLIC LANDS. 



283 



aliens are restricted to lands for mining and quarrying 

 only. No doubt exists that a treaty negotiated with a 

 foreign power by the President can abrogate restric- 

 tive State land Iiws in regard to aliens, and this curi- 

 ous exception in favor of the French was probably in- 

 corporated in the State laws of Connecticut in deference 

 to the U. S. treaty with France during the Revolution- 

 ary war. There are two early Anglo-American treaties 

 on the same subject. Delaware and Kentucky draw 

 the line at resident aliens who have declared their in- 

 tention to become citizens. New York, which has 

 always been the most progressive in law reform, 

 strangely holds to the doubtful blessing of the com- 

 mon law, although many slight modifications have 

 been made by statute. A declaration to be- 

 come a citizen is still necessary to make a legal 

 devise of lands. Up to 1881 the Territories of Arizona, 

 Idaho, and Montana seem to have enacted no laws 

 upon the subject, but the practice is undoubtedly in 

 conformity with all the Western States in granting the 

 fullest power to the alien. A bill was introduced in 

 the Senate of the United States, in 1884, limiting 

 foreign holdings to 30 square miles of land. This 

 bill Wiis not passed ; but it is evident that some 

 restriction of the sort is needed. There can be no 

 doubt that settlement has been retarded in the regions 

 affected by the course of the land-thietes. The only 

 check to the monopoly of the cattle-men in some of 

 the Territories has been the spread of sheep-farming, 

 which prevents range-feeding for cattle. The use 

 of the wire fence, by these corporations, noted above, 

 was found to be so reckless that, in August, 1885, 

 Pres. Cleveland issued the following proclamation : 

 "I do hereby order and direct that any and every un- 

 lawful enclosure of the public lands, maintained by 

 any person, association, or corporation, be immediately 

 removed, and 1 do hereby forbid any person, assneia- 

 tion, or corporation from preventing or obstructing by 

 means of such enclosures, or by force, threats, or in- 

 timidation, any person entitled thereto from peaceably 

 entering upon and establishing a settlement or resi- 

 dence on any part of such public land which is subject 

 to entry and settlement under the laws of the United 

 States ; and I command and require each and every 

 officer of the United States upon whom the duty is 

 legally devolved to cause this order to be obeyed and 

 all the provisions of the act of Congress herein men- 

 tioned to be faithfully enforced." 



The Timber Culture Act of 1878 provides that public 

 lands, naturally devoid of timber, may be acquired by 

 planting trees thereon and keeping the same in a 

 healthy, growing condition for 8 years. Not more than 

 160 acres in any one section can be entered, and no 

 person can enter more than 160 acres or make more 

 than one entry under these "laws. An applicant must 

 be the head of a family, or 21 years of age, and a citi- 

 zen of the United States, or he must nave filed his 

 declaration of intention to become a citizen, as required 

 by the naturalization laws. The Land Office fee for 

 an entry of more than 80 acres is $14; and for 80 

 acres or less, $9; and $4 when final proof is made. 

 Land to be entered must be entirely devoid of timber. 

 In order to acquire 160 acres of land, 10 acres must be 

 cultivated and planted with trees ; 5 acres must be cul- 

 tivated and planted with trees, to acquire any legal sub- 

 division of Si) acres ; and 2j acres to acquire any Will 

 subdivision of 40 acres or less. The person making 

 entry of 100 acres is required to break or plow 5 acres 

 during the first year, and 5 acres during the si run 1 

 year. The 5 acres broken or plowed during the first 

 year must be cultivated to crop, or otherwise,, during 

 the second year, and IK,- planted to timber during the 

 third year. The f acres broken or plowed during the 

 second year must be cultivated the third year, and 

 planted to timber during the fourth year. For entries 

 of less than 160 acres, a proportionate number of acres 

 must be plowed, planted, cultivated, and planted to 

 trees. These trees must be cultivated and protected 



for not less than 8 years ; and at the expiration of that 

 period, or within five years thereafter, proof must bo 

 made by the claimant and twocreditable witnesses, show- 

 ing that there were at the time of making such proof 

 at least 675 living, thrifty trees on each of the 10 acres 

 required to be planted ; also that not less than 2700 

 trees were planted on each of the 10 acres. Fruit- 

 trees are not considered timber within the meaning of 

 this act. Title cannot be obtained prior to the expira- 

 tion of 8 years, and final proof must be made within 

 5 years after the expiration of the said 8 years. While 

 the object of the act was a good one, the act itself has 

 been abused quite as much as the Homestead and Pre- 

 emption Acts. About 10,000,000 acres of agricultural 

 lands have been located under it as a disguise; and it 

 is urged that the act should be repealed, on the ground 

 that the timber is actually necessary for the develop- 

 ment of the country, since both mining and settlement 

 are impossible without it. A veiy grave abuse of the tim- 

 ber laws was reported early in 1888, more particularly 

 from California. This report was based upon investi- 

 gations made during the two previous years. It was 

 shown that the abuses were committed partially by a 

 gjoup of capitalists who coveted the choice redwood 

 forests of Humboldt county. They engaged a group of 

 timber speculators to get possession of the land and 

 transfer it fo them. The speculators hired 600 persons 

 to take 160 acres apiece under the Timber Land Act, 

 each swearing that he applied for the land "in good 

 faith to appropriate it to his own exclusive use and 

 benefit," and that he did not intend to transfer the 

 title to any other person. Records of the county show 

 that the timber alone on the land seized by these com- 

 panies had an estimated value of $1 1,000,000. Since 

 the exposure many entries have been held for cancella- 

 tion, and proceedings have been instituted to set aside 

 patents issued on many such entries. 



What are known as the "Swamp Land Grants" 

 were made under the act of 1854 relating to desert 

 lands. This act provided that any person who is a 

 citizen of the United States, or any person of requisite 

 age who may be entitled to become a citizen, and who 

 has filed his declaration to bcconie such, may file his 

 oath with the Register and Receiver of the Land Office 

 in the district in which any desert land is located, that 

 he intends to reclaim, not exceeding one section of said 

 land, by conducting water upon it, within 3 years; and 

 by paying to the receiver the sum of 25 cents per acre 

 for all the land claimed, such person may enter said 

 land under the act. At any time within 3 years a pat- 

 ent can be obtained by making proof that he has re- 

 claimed said land, and paying the additional sum of $1 

 per acre. No person can enter more than one tract of 

 land, and not to exceed 640 acres, which shall be in 

 compact form. This act applies to desert land in Da- 

 kota, Montana, Idaho, Washington, and Oregon. 

 Desert lands are defined by this act to be all lands, ex- 

 clusive of mineral and timber lands, which will not, 

 without irrigation, produce some agricultural crop. 

 Kven this law has been the cause of great abuse ; be- 

 cause many lands have been claimed which were as 

 fertile as any classed under the other acts for settle- 

 ment. Nearly 100,000 acres were granted undar this 

 act during the year ending June 30, 1888; and the 

 aggregate reaches 57,000,000 acres. The greater part 

 <>f tin -10 grants have been made in the State of Florida; 

 Louisiana. Michigan, and Oregon coming next in 

 order. The original grants were made for the purpose 

 of enabling Stales to construct levees necessary to re- 

 claim swamp and other lands ; but it was required that 

 the proceeds of such lands should be applied to the 

 reclamation of the same. The claims of many States 

 were transferred to counties, and the money realized 

 was used in such counties for roads, bridges, and many 

 other purposes not contemplated by the law. Some of 

 the lands have even been disposed of to railroads. Con- 

 sequently only a small part of the proceeds has really 

 gone to reclaim the lands. Further acts of 1855 and 



