io8 



FORESTRY AND IRRIGATION 



March 



erwise, under such rules and regulations 

 and subject to such conditions and re- 

 strictions and in such quantities as he 

 may prescribe, the right to cut and re- 

 move, within such period of time as he 

 may fix, any timber from any unappro- 

 priated, nonmineral, surveyed public 

 lands, after first having had such timber 

 duly appraised, and after giving public 

 notice of the time, terms, manner, and 

 place of such sale ; that he shall have 

 power and authority to reject any and 

 all bids offered at any such sale, and 

 that 'it shall be unlawful for any pur- 

 chaser at such sale to sell, transfer, as- 

 sign, or in any manner alienate the 

 rights secured by him under this act, 

 except as authorized by said Secretary ; 

 that the act entitled ' 'An act for the sale 

 of timber lands in the States of Califor- 

 nia, Oregon, Nevada, and Washington 

 Territory," approved June 3, 1878, and 

 all acts amendatory thereof be repealed, 

 and that no lands valuable chiefly for 

 timber shall hereafter be patented under 

 the commutation provisions of the home- 

 stead laws ; that any person who vio- 

 lates any of these provisions, or any 

 regulation or requirement prescribed 

 pursuant thereto, shall forfeit to the 

 United States all benefits conferred and 

 all moneys paid by him, and that any 

 right to cut and remove timber which 

 he may then hold shall be canceled and 

 revoked . 



COMMUTATION CLAUSE OF THE HOME- 

 STEAD ACT. 



Much evidence has been submitted 

 tending to show that in the prairie 

 states, where it has been most used, the 

 commutation clause of the Homestead 

 Act has been of advantage to the settler 

 without causing serious loss to the gov- 

 ernment. On the contrary, the govern- 

 ment has been pecuniarily benefited by 

 it, because under this act the land is 

 paid for in cash after fourteen months' 

 residence, while without commutation 

 the entrytnan would receive a patent 

 after five years' residence without pay- 

 ing for the land. It is no doubt true 

 that the great majority of commutations 

 are made in order to get a title to the 

 land, upon which money could be bor- 

 rowed for its improvement. 



There have been abuses of this law 

 as of other land laws, but principally in 

 connection with entries made upon tim- 

 ber lands. It has furnished a conven- 

 ient means by which an individual 

 could obtain title to 160 acres of valu- 

 able timber land which could be readily 

 sold for more than it had cost. In this 

 way large holdings have been acquired. 



The timbered areas of the public 

 lands of to-day are generally in moun- 

 tainous regions, and are not susceptible 

 of a high state of cultivation after being 

 cleared of timber. Entries of such land 

 are seldom made for farming purposes, 

 but if it is desired to do so the settler is 

 permitted, under the law and regula- 

 tions, to sell any surplus timber upon 

 his claim, the proceeds of which can be 

 used in its improvement. This is a 

 source of revenue available immediately 

 after entry and one which is not enjoyed 

 by the settler upon prairie land. 



Our investigations respecting the op- 

 erations of the commutation clause are 

 still in progress, and we are not prepared 

 at this time to recommend its repeal. 

 We are, however, satisfied that no seri- 

 ous hardship will be imposed upon the 

 actual settler by prohibiting the patent- 

 ing, under its provisions, of lands chiefly 

 valuable for timber. 



DESERT-LAND LAW. 



The Commission is of the opinion that 

 the Desert-Land Law should, for the 

 present at least, be allowed to stand, with 

 a few changes in detail. With the expe- 

 rience of the past for guidance, it is pos- 

 sible to enforce this law so that its essen- 

 tial provisions shall be complied with. 

 When this is done it is evident that the 

 entryman will have earned a patent at 

 an expense too great for speculative 

 purposes. 



The number of entries is not so large 

 as to preclude actual inspection of each 

 by an agent of the government before 

 final proof is accepted, and the required 

 expenditures for reclamation are of such 

 a character as to be easily ascertained. 

 Especial attention should be directed to 

 the proof that an adequate and perma- 

 nent water supply has been provided. 



There is one defect in this act which 

 should be remedied at once. The act of 



