Walter Mulford

PUBLIC LANDS COMMISSION.

[Senate Document No. 188, Fifty-eighth Congress, second session.]

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, SUBMITTING THE PRELIMINARY REPORT OF THE PUBLIC LANDS COMMISSION APPOINTED OCTOBER 22, 1903, TO REPORT UPON THE CONDITION, OPERATION, AND EFFECT OF THE PRESENT LAND LAWS, AND TO RECOMMEND SUCH CHANGES AS ARE NEEDED.

[Senate Document No. 154, Fifty-eighth Congress, third session.]

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, SUBMITTING THE SECOND PARTIAL REPORT OF THE PUBLIC LANDS COMMISSION, APPOINTED OCTOBER 22, 1903, TO REPORT UPON THE CONDITION, OPERATION, AND EFFECT OF THE PRESENT LAND LAWS.

THE PRELIMINARY REPORT OF THE PUBLIC LANDS COMMISSION APPOINTED OCTOBER 22, 1903, TO REPORT UPON THE CONDITION, OPERATION, AND EFFECT OF THE PRESENT LAND LAWS, AND TO RECOMMEND SUCH CHANGES AS ARE NEEDED.

MARCH 7, 1904.—Read, referred to the Committee on Public Lands, and ordered to be printed.

To the Senate and House of Representatives:

I submit herewith the preliminary report of the Public Lands Commission appointed by me October 22, 1903, to report upon the condition, operation, and effect of the present land laws, and to recommend such changes as are needed to effect the largest practicable disposition of the public lands to actual settlers who will build permanent homes upon them, and to secure in permanence the fullest and most effective use of the resources of the public lands. The subject is one of such great importance and great intricacy that it is impossible for the Commission to report in full thereon at this time. It is now ready, however, to suggest certain changes in the law as set forth in the accompanying report. I commend these suggestions to the favorable consideration of the Congress.

WHITE HOUSE, March 7, 1904.

THEODORE ROOSEVELT.

PARTIAL REPORT OF THE PUBLIC LANDS COMMISSION.

WASHINGTON, D. C., March 7, 1904. SIR: This Commission, appointed October 22, 1903, to report to you upon the condition, operation, and eflect of the present land laws, and to recommend such changes as are needed to effect the largest practicable disposition of the public lands to actual settlers who will build

permanent homes upon them, and to secure in permanence the fullest and most effective use of the resources of the public lands, respectfully submits the following partial report:

MEETINGS OF COMMISSION.

During the month of December, 1903, the Commission sat in the office of the Commissioner of the General Land Office to receive recommendations and hear the arguments of all who might appear before it. Notice of these sittings was published through the press and special invitations to be present were extended to the public lands committees of the Congress. Senators and Representatives and others appeared before the Commission.

În January, 1904, Messrs. Pinchot and Newell, of the Commission, attended the meetings of the National Livestock Association and of the National Woolgrowers' Associatien in Portland, Oreg., and participated in the sessions of those associations. Returning, they also visited Sacramento, Cal.; Reno, Nev.; Salt Lake City, Utah; Denver, Colo.; Cheyenne, Wyo., and conferred with governors, State land boards, public officials, and citizens generally, and discussed the questions under consideration by the Commission. Upon the return of Messrs. Pinchot and Newell to Washington the meetings of the Commission were resumed.

MAGNITUDE OF PROBLEM.

In approaching the question of attaining the largest practicable disposition of the public lands to actual settlers, and the equally important question of securing the most effective use of these lands, we appreciate that extremely difficult and far-reaching problems are involved. The public lands embrace in area very nearly one-third of the entire extent of the United States and are widely scattered, extending from the Gulf of Mexico to the Pacific and from Canada to Mexico, including every variety of topography and climate. Excluding Alaska there are 23 States and 3 Territories containing public land. This includes approximately from 5 to 95 per cent of the area of these States.

Often in any one State the conditions are so diverse that the man who argues for certain points is usually found to base his argument upon conditions which exist in his locality. If not limited by geographical environment the view point is almost always that of a special industry such as sheep or cattle raising, irrigation, etc., and the arguments are based upon a knowledge of conditions which affect that industry. It is this condition which has led to the presentation before the Commission of irreconcilable statements of exisiting conditions, and the divergence of opinion as to the remedies to be adopted. Certain able men insist that the public land laws are sufficient, and that however the lands are disposed of they will ultimately be put to the best use.

Others go to the other extreme and assert that nearly all of the public land laws should be repealed or modified, that they are incompatible with good administration, and that the lands now being disposed of are held in such a way that they will never furnish homes to people who might otherwise enjoy their use.

Between these two extremes there is a broad middle ground, occupied 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 opinion that the present land laws do not fit the conditions of the remaining public lands. 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 public lands which now remain are chiefly arid in character. 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 recognition 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 requirements 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 requirements, 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 timber 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 prepared 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 provisions which relate to the adequacy of the permanent water supply, will suffice to insure good results.

TIMBER AND STONE ACT.

Under the act of June 3, 1878, generally known as the timber and stone act, there has lately been an 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 of the entries were made. In 1902 there were 4,022 entries under this act, aggregating 545,253 acres, while in 1903 there were 12,249 such entries, aggregating 1,765,222 acres. A very large proportion of these entries were upon timbered land. The law was enacted to meet the demands of settlers, miners, and others for timber and stone for building, mining, and other purposes. There is much evidence, however, going to show that many entries have been made for purposes not contemplated by the Congress.