8 PUBLIC LANDS COMMISSION. 



Investigations have been carried on where the commuted home- 

 steads are notable in number. The records of some of the counties 

 examined show that ^0 per cent of the commuted honiesteads were 

 transferred within three months after acquisition of title, and evi- 

 dence was obtained to show that two-thirds of the commuters imme- 

 diately left the State. In many instances foreigners, particularly 

 citizens of Canada, came into this country, declared their intention 

 of becoming citizens, took up homesteads, commuted, sold them, and 

 returned to their native land. 



The reasons given for adhering to the commutation clause are 

 diverse and many of them are cogent when applied to individual 

 cases. It is said, for example, that the commuter desires to raise 

 money for use in improving his place. This is often true, but in the 

 majority of cases the records show that the commuter immediately 

 leaves the vicinity. The frequency of loans is traceable in many 

 places directly to the activity of agents of loan companies, who are 

 often United States commissioners also, eager first to induce settle- 

 ment and then to make these loans on account of the double commis- 

 sion received. Later they secure the business which accrues to them 

 through the foreclosure and transfer of the property. The true 

 working of the commutation clause does not appear until after fore- 

 closure upon the maturity of the loans. 



One significant fact brought out by the investigation is that a large 

 portion of the commuters are women, who never establish a perma- 

 nent residence and who are employed temporarily in the towns as 

 school-teachers or in domestic service, or who are living with their 

 parents. The great majority of these commuters sell immediately 

 upon receiving title, the business being transacted through some 

 agent who represents his client in all dealings and prepares all 

 papers. 



The commutation clause, if it is to be retained to cover special cases, 

 should be effective only after not less than three years' actual — ^not 

 constructive — living at home on the land. Under present practice, 

 the commutation period being fourteen months, six months of this 

 time is generally taken to establish residence, so that only eight 

 months remain. This time is usually arranged to include the sum- 

 mer, so that the shack built need not be habitable in severe winter 

 weather, and the residence on the land niay consist merely in a sum- 

 mer outing. Obviously it is essential that residence should be far 

 . more strictly defined. It is probable that lax interpretation and en- 

 forcement of the provisions of the law regarding residence is respon- 

 sible for more fraud under the homestead act than all other causes ' 

 combined. 



It may be urged that the frauds which have taken place under the 

 operations of the commutation clause are due largely to lax adminis- 

 tration. The fact is that the precedents established "by decisions ren- 

 dered on special cases have so far weakened th& powers of adminis- 

 tration that additional legislation is necessary. 



DESEET-LAND LAW. 



In the preceding report the opinion was expressed that the desert- 

 land law should, for the present, at least, be allowed to stand, with a 

 tew changes m detail. It was believed that, with the experience of 



