PUBLIC LANDS COMMISSION. 3 



Between these two extremes there is a broad middle ground, occu- 

 pied by the majority of persons who have carefully considered the 

 subject and who agree that changes should be made and that the land 

 laws should be simplified and codified. 



ANTIQUATED LAND LAWS. 



The information obtained by the Commission through the conferences 

 in the West and the hearings in Washington discloses a prevailing opin- 

 ion that the present land laws do not fit the conditions of the remaining 

 public lainds. Most of these laws and the departmental practices which 

 have grown up under them were framed to suit the lands of the humid 

 region. The pubKc lands which now remain are chiefly arid in char- 

 acter. Hence these laws and practices are no longer well suited for 

 the most economical and effective disposal of lands to actual settlers. 



The States and Territories where lies the greater part of the public 

 domain are progressing rapidly in population and wealth, but not in 

 proportion to the disposal of land. In spite of this fact and of the 

 i-eeognition that the land laws might be improved, there is a general 

 fear of change and a wide demand that the present laws be allowed to 

 stand. This is due to dread of the introduction of unfamiliar require- 

 mente and to the fear that new enactments may recognize physical 

 conditions even less than the present ones, and may be even less suited 

 to the needs of the country. By the use of practices sanctioned by 

 custom, the people have heretofore been able to get along fairly well; 

 any change in their minds is associated with more difficult require- 

 ments,, and they dread innovations which may hinder rather than help 

 home making. 



The changes suggested at this time have principal bearing upon the 

 control, use, and disposal of the forest lands, as these are among the 

 most valuable of the lands remaining in public ownership. The repeal 

 of the tinaber and stone act will unquestionably cure the most obvious 

 defect in the administration of the public lands. Next in importance 

 to this is the desert-land law. The Commission is not at present pre- 

 pared to suggest radical changes in this law, but we believe that the 

 change recommended hereafter in this report, together with a more 

 careful enforcement of the law itself, and especially of those pro- 

 visions which relate to the adequacy of the permanent water supply, 

 will suffice to insure good results. 



TIMBEB AND STONE ACT. 



Under the act of June 3, 1878,, gencTally known as the timber and 

 stone aet, there has lately been sm unusual increase in the number of 

 entries, which can not be accounted for by an increase in the demands 

 of commerce or by any unusual settlement of the localities in which 

 the greater part cd the entries were made. In 1902 there were 4,022 

 entries under this act, aggregating 546,253 acres, while in 1§03 there 

 were 12^249 such entries, aggregating 1,766,222 acres. A very large 

 proportion «f these entries were upon timbered land. The law was 

 easacted to meet the demands of settlers, miners, and others for timber 

 and stone for buiidingr, mining, and other purposes. There is much 

 evidence, however, going to show that many entries have been made 

 for purposes not contemplated by the Congresa. 



