542 FORESTRY AND IRRIGATION December 



mortgage companies secure possession for leasing coal, oil and gas rights un- 

 of the land. Actual not construe- der proper restrictions. If the addi- 

 tive living at home on the land for tional force of special agents and min- 

 three years should be required before ing experts I recommend is provided 

 commutation, unless it should appear and well used, the result will be not 

 wiser to repeal the commutation clause only to stop the land frauds, but to 

 altogether. These matters are more prevent delays in patenting valid land- 

 fully discussed in the report of the claims, and to conserve the indispen- 

 public lands commission, to which I sable fuel resources of the nation. 



again call your attention. 



TO PREVENT LAND FRAUDS. 



RIGHTS OF WAY AND PRIVILEGES. 



Many of the existing laws affecting 

 I am gravely concerned at the ex- rights of way and privileges on public 

 tremely unsatisfactory condition of the lands and reservations are illogical and 

 public land laws and at the prevalence unfair. Some work injustice by grant- 

 of fraud under their present provis- ing valuable rights in perpetuity with- 

 ions. For much of this fraud the pres- out return. Others fail to protect the 

 ent laws are chiefly responsible. There grantee in his possession of permanent 

 is but one way by which the fraudulent improvements made at large expense, 

 acuisition of these lands can be defi- In fairness to the government, to the 

 nitely stopped, and therefore I have holders of rights and privileges on the 

 directed the Secretary of the Interior public lands, and to the people whom 

 to allow no patent to be issued to pub- the latter serve, I urge the revision 

 lie land under any law until by an ex- and re-enactment of these laws in one 

 amination on the ground actual com- comprehensive act, providing that the 

 pliance with that law has been found 'regulations and the charge now in 

 to exist. For this purpose an increase force in many cases may be extended 

 of special agents in the general land to all, to the end that unregulated or 

 office is urgently required. Unless it monopolistic control of great natural 

 is given, bona fide would-be settlers resources may not be acquired or mis- 

 will be put to grave inconvenience, or used for private ends. 

 else the fraud will in large part go on. 



Further, the Secretary of the Interior PRIVAT * holdings in national 

 should be enabled to employ enough forests. 

 mining experts to examine the validity The boundaries of the national for- 

 of all mineral land claims, and to un- est reserves unavoidably include cer- 

 dertake the supervision and control of tain valuable timber lands not owned 

 the use of the mineral lands still be- by the government. Important among 

 longing to the United States. The them are the land grants of various 

 present coal law limiting the individ- railroads. For more than two years 

 ual entry to 160 acres puts a premium negotiations with the land grant rail- 

 on fraud by making it impossible to roads have been in progress looking 

 develop certain types of coal fields and toward an arrangement by which the 

 yet comply with the law. It is a scan- forest on railroad lands within national 

 dal to maintain laws which sound well, forest reserve may be preserved by the 

 but which make fraud the key without removal of the present crop of timber 

 which great natural resources must re- under rules prescribed by the forest 

 main closed. The law should give in- service, and its perpetuation may be 

 dividuals and corporations under prop- assured by the transfer of the land to 

 er government regulation and control the government without cost. The ad- 

 (the details of which I shall not at vantage of such an arrangement to the 

 present discuss) the right to work government lies in the acquisition of 

 bodies of coal land large enough for lands whose protection is necessary to 

 profitable development. My own be- the general welfare. The advantage 

 lief is that there should be provision to the railroads is found in the propos- 



