4 PTTBirO LANDS OOMMISSIOH-. 



humid region. It is evident that the decisions often coixtemplate 

 conditions such as prevail in the Mississippi Valley and Middle West 

 Judging cases by arbitrary rules of evidence and considering only 

 such facts as may be presented under these rules> there is much ele- 

 mentary and essential knowledge of whicli cognizance can not be 

 taken. 



The changes we recommend in the land laws are required not only 

 because some of the present laws are wholly unsuited to existing con- 

 ditions, but also in part because some of these laws as originaliy 

 drawn contemplated certain conditions or practices which have bBen 

 gradually modified by various rulings or decisions. In short, the- 

 precedents established and which now hav& practically the force of' 

 law have so completely modified the apparent object of the original 

 statute that the statute and the prevailing conditions appear to be 

 wholly unconnected. The effect of laws passed to promote settlement 

 is now not infrequently to prevent or retard it, 



LAND CLASSIFICATIONS. 



The agricultural possibilities of the remaining public lands are as 

 yet almost unknown. Lands which a generation or even a decade- 

 ago were supposed to be valueless are now producing large crop&, 

 either with or without irrigation. This has been brought about in 

 part by the introduction of new grains and other plants and new 

 methods of farming and in part by denser population and improved 

 systems of transportation. It is obvious that the first essential for 

 putting the remaining public lands to their best use is to ascertaiM 

 what that best use is by a preliminary study and classification' O'f 

 them, and to determine their probable future development by agri- 

 culture. 



Until it can be definitely ascertained th-at any given area of the 

 public lands is and in all probability forever will remain unsuited to 

 agricultural development, the title to that land should remain in the 

 General Government in trust for- the future settler. 



For example: The passage- of the reclamation act (June 17, 1902)- 

 made certain the disposition to actual settlers of large areas of lan^" 

 which up to that time had been considered as valueless. Other 

 areas, which are too high and barren to have notable value evero for 

 grazing, are now known to have importance in the future develop- 

 ment of the country through their capa:city to produce forest gro-wth. 

 The making of wells will give an added value to vast tracts of range 

 lands for- which the water supply is now scanty. In short, because 

 of possible development, through irrigation, through the introduc- 

 tion of new plants and new methods of farming; through forest 

 preservation, and grazing control, the remaining pubic lands have an 

 inportance hitherto but dimly foreseen. 



In view of these facts it is of the first importance to save the 

 reniamm^ public domain for actual home builders to the utmost 

 hmit of future possibilities and not to mortgage the future by any 

 disposition of the public lands under which home makianig- will not 

 keep step with disposal. To that end youir Commission recommen'ds 

 (see p. 12) a method of range control under which present resources 

 may be used to the full without endangering future settleKtent.' 



After the agricultural possibilities of the public lands have been 



