198 



THE IRRIGATION AGE. 



of the President, was acted upon by Congress and the 

 United States Senate, who confirmed the setting aside 

 of land included within the limits of any specified 

 territory. As an illustration, we will take a tract of 

 land set aside as a forest reserve in the State of Cali- 

 fornia. This reserve was duly set aside in 1903 and 

 confirmed by Congress and the Senate in 1904. As to 

 the basis of the scrip, which was issued on this forest 

 reserve, we will say that John Doe owned four forties 

 in a section of that reserve. He had United States 

 patent on same and had been residing on the land for 

 a number of years. When this was confirmed as a 

 forest reserve, the law gave Doe the privilege and 

 right (and this right was confirmed by the Act of Con- 

 gress and the Senate, signed by the President) to sell 

 his four forties to the United States Government. He 

 gave the United States Government a warranty deed 

 with abstract, showing his title to be clear for the four 

 forties. The taxes were all paid, etc., etc. The Gov- 

 ernment gave to him in return that which is mentioned 

 above and is comm'only known as Forest Reserve scrip. 

 This scrip is filled out in blank and he is permitted 

 to select four forties from any vacant Government land 

 in the United States in lieu of the four forties which 

 he transferred by title to the United States Govern- 

 ment. To continue, we will say that one Crowe, of 

 Portland, Ore., who is acquainted with this transfer, 

 writes to Doe and states he will give Jiim $5.00 per 

 acre for his four forties inside of forest reserve lines. 

 Doe accepts the proposition and executes a deed to 

 Crowe, furnishes abstract showing taxes are all paid 

 and the land free from all incumbrances and also gives 

 Crowe power of attorney to locate four forties in lieu 

 of this land which he has relinquished to the Govern- 

 ment. Crowe is also given power of attorney in blank 

 to sell said four forties. - This is properly filled out with 

 witnesses before a notary public, or clerk, in whatever 

 State the transaction takes place. Crowe, however, does 

 not 'make direct entry on the land, but he has paid 

 Doe $5.00 per acre for right of entry on this quarter 

 section. 



Crowe, being a speculator in this class of paper, 

 now sells this scrip, which is known on the market as 

 Forest Reserve Scrip, to another individual in Wausau, 

 Wis. Subsequently the Wausau man sells to the fourth 

 rnan. and he, who may or may not be a timber man, 

 locates four forties of vacant land in the State of \\ i<- 

 consin or Minnesota and, having taken over the power 

 of attorney has it properly filled in, in which it is 

 described as an entry in lieu of that quarter section 

 forest reserve tract. After this transaction, this is now 

 described as Located Forest Reserve Scrip. The pa- 

 pers are all forwarded to Washington and after being 

 accepted by the Secretary of the Interior and the Com- 

 missioner of the General Land Office, a patent is in 

 due time issued for same. 



This explanation is made to illustrate the difference 

 between what is known as marketable scrip and sc'-ip 

 that is actually located. It is the, impression of the 

 writer that if any action should be taken by the Gov- 

 ernment to stop the location of this lieu land scrip it 

 would be an injustice to the purchaser of the third or 

 fourth class, who is paying a price, which has gradu- 

 ally increased since the time transfer was made by 

 Doe to Crowe, and it appears that this would be an 

 injustice to the buyer who took it over with the ulti- 

 mate idea of locating it upon other lands. It is claimed 

 that the Government has no right to pass an act can- 

 celling the entry on this piece of land after filing has 

 1 een made. It appears that Congress has no right 

 to repudiate its obligations and perform an injustice 

 to the holder of the scrip, no matter how many re- 

 moved from the original fee holder in the forest re- 

 serve. It is maintained furthermore that if the Gov- 

 ernment has set aside any forest reserves and has given 

 Doe the privilege to sell his land to the United States 

 Government and then grants him in lieu the privilege 

 to select four forties of any unoccupied lands, it should 

 also give him the privilege of disposing of it as he sees 

 fit and protect the individuals who purchase from him 

 as well as any subsequent transactions of a like character. 



There- is no doubt but that no lucre forest reserve 

 land should be set aside and no more scrip issued, but 

 THE IRRIGATION AGE contends that all scrip which 

 has been issued and duly entered should be fully pro- 

 tected; the present holder should be protected as well 

 as the man who took the original title to the land from 

 the United States Government. 



It is, moreover, the impression of the writer that 

 the forest reserves that have been set aside in Ari- 

 zona and Washington were manipulated with the sole 

 view and purpose of the relinquishment of land of no 

 value, for which scrip was issued, which is now, and 

 will later be applied for entry on any valuable lands 

 in the United States. This plan is not the best for 

 irrigation development, nor for the general agricultural 

 advancement of the country; but on the contrary has 

 been carried out to the direct benefit of large holders 

 of railroad lands. Some tracts on the mountain tops 

 above the timber line, beyond any agricultural possi- 

 bilities, such as land on Mt. Ranier in Washington, was 

 set aside as a forest reserve and lieu land scrip has 

 been issued for same, so that _ the receivers of the scrip 

 could secure possession of valuable lands in the public 

 domain, which rightfully belongs to the people. An- 

 other peculiar and exasperating feature of this sort of 

 manipulation is that the Government does not receive 

 a dollar for the millions of acres which have been en- 

 tered by scrip in this manner. It is worthy of note 

 that it does, however, receive $2.50 per acre for every 

 acre entered under the Timber and Stone Act and 

 $1.25 per acre for all land entered under the commu- 



