6 PUBLIC LANDS COMMISSION. 



lands valuable chiefly for timber shall hereafter be patented under the 

 commutation provisions of the homestead laws; that any person who 

 violates any of these provisions, or any regulation or requirement pre- 

 scribed 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 HOMESTEAD 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 caus- 

 ing serious loss to the Government. 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 entryman would receive a patent after five years' 

 residence without paying 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 borrowed for its improvement. 



There have been abuses of this law as of other land laws, but prin- 

 cipally in connection with entries made upon timber lands. It has 

 furnished a convenient means by which an individual could obtain 

 title to 160 acres of valuable 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 

 mountainous regions, and are not susceptible of a high state of culti- 

 vation 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 regulations, 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 operations 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 serious 

 hardship will be imposed upon the actual settler by prohibiting the 

 patenting, under its provisions, of lands chiefiy valuable for timber. 



DESEET-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 experience of the past for guidance it is possible to 

 enforce this law so that its essential 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 inspec- 

 tion 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 permanent water supply 

 has been provided. 



There is one defect in this act which should be remedied at once. 



