It is undoubtedly true that this system has militated against a larger showing than has been made, but at the same time there is no questioning the fact that the office has profited, in that many old cases which have been passed over in the past because they were difficult have been finally taken up and disposed of.

One instance of this old work taken up and disposed of stands out prominently.

On November 13, 1895 (21 L. D., 412), the department held that the grant of the Northern Pacific Railroad (now Railway) Co. did not extend east of Duluth, Minn., and consequently the company had no grant of lands coterminous with its line of road between Superior and Ashland, Wis. At that time the company had pending before this office a large number of indemnity selections of lands in what is now the State of North Dakota, in which losses in Wisconsin had been designated as bases. The department required the company to substitute new specifications of losses for the Wisconsin bases. Under protest and with a reservation of all its rights under its original selections, the company filed new specifications of losses, among which were a large quantity of lands in the Crow Indian Reservation, Mont. Thereafter the lands selected went to patent. On April 16, 1900 (177 U. S., 421; ibid 435), the Supreme Court of the United States held that the company's grant extended east to Ashland, Wis., as contended by it. On January 27, 1902, the company requested that the Wisconsin bases referred to above be reinstated and the Montana bases be released. The reason for the request was that the Montana losses could be used as bases for indemnity selections in the second indemnity belt in that State where the grant was largely deficient, whereas the Wisconsin losses could not be used for that purpose. In his decision of April 12, 1902, the Secretary directed this office to grant the request in all cases where the Wisconsin bases have not been used as bases for other approved selections. Upon promulgating the Secretary's decision, the attorneys for the company suggested the postponement of the substitution of the bases, inasmuch as such change would interfere with the patenting of lands under the company's grant, which it was very anxious to have issued at as early dates as possible. In view of these suggestions and the fact that the substitution would necessitate a considerable amount of labor, and the force available at that time was not sufficient to make such rearrangement and handle the more important work pending, the substitution was postponed and remained undisposed of. During the fiscal year just ending this matter was taken up, and I have the honor to report that approximately 471,322.22 acres of the said Wisconsin bases have been reinstated in accordance with the Secretary's instructions, and a corresponding amount of the Montana bases released.

Prior to the installation of the serial system in 1908 cases involving contests between the railroad companies and other claimants, suits to set aside patents and other matters in controversy were entered upon a docket kept for that purpose, and filed under the docket number. During the past fiscal year the unclosed files of these docket cases were gone over, and where it was possible action was taken and the cases closed. In this way a large number of the cases were closed, and the number remaining has been reduced to a minimum.

RAILROAD RIGHTS OF WAY.

Not the least important of the work transacted hereunder in the past year has been to clear the records of old, approved railroad rights of way where the roads have not been constructed and requiring proof of construction in other cases.

During the year 714 railroad right of way grants, under the act of March 3, 1875 (18 Stat., 482), have been investigated; of these, 302 were declared to have been forfeited under the several forfeiture acts; and in the remainder of the cases (412) the grantees were called upon to show cause why the grants should not be declared forfeited for failure to file evidence of construction. In response to this call, proof of construction has been filed in 86, leaving the remainder still pending.

In this line of work the following States have been fully covered: Washington, Oregon, California, Idaho, Nevada, Arizona, New Mexico, Montana, and Wyoming.

RIGHTS OF WAY FOR IRRIGATION AND OTHER

PURPOSES.

A decided increase in the activities under applications for rights of way other than railroad purposes is apparent during the past year, there having been received in all 1,112 applications, as against 666 for the year previous.

As against 898 last year, 1,389 cases were disposed of this year.

POWER SITE RESERVES, ETC.

Pursuant to the provisions of the act of June 25, 1910 (36 Stat., 847), as amended by the act of August 24, 1912 (37 Stat., 497), and section 13 of the act of June 25, 1910 (36 Stat., 855), 56 withdrawals were made, as against 104 last year, a decrease of 48, withdrawing

292,134 acres, as against 247,139 acres last year, an increase of 54,495 acres; 55,646 acres theretofore withdrawn were restored, as against 90,305 acres during the previous year, a decrease of about 40 per cent. The restorations were made by 37 orders, as against 53 orders the previous year, a decrease of 16.

It may be stated that on June 30, 1915, there were outstanding 2,228,105 acres withdrawn for power sites and 182,653 acres withdrawn for public water reserves.

STATE DESERT LAND SEGREGATION.

Final action on State segregation lists, under the act of August 18, 1894 (Carey Act), shows a marked increase.

During the present year applications for withdrawal under the act of March 15, 1910, covering 1,048,654.81 acres, were finally disposed of, as against 315,209 acres during the year 1914.

Segregation lists to the amount of 108,464 acres were disposed of during the same time, as against 15,069 acres the year previous.

The receipts under the "Carey Act," by way of segregation lists, this year were 98,664.85 acres, and the amount finally disposed of 108,664.97 acres.

Patents were issued under "Carey Act" projects during the past year for 146,079 acres, as against 4,244.05 acres the year previous. The work and reports of the "Carey Act" inspectors of this office are more and more being recognized as criterions as to the sufficiency of water, water duty, and matters relative to the physical features of various projects. Suggestions have been made during the past year by members of Congress that certain of such reports be released by tke Land Office, for the purpose of incorporating them into executive documents for general distribution.

In this connection it may be said that the State of Oregon, in its pioneer effort to rehabilitate "Carey Act" projects, otherwise likely to fail, has met with a measure of success which should be an object lesson worthy of emulation by the balance of the arid West. The $450,000 which was appropriated by the State for the completion of the Tumalo project (Oregon Carey Act list 13) seems to have been well expended, and from present indication appears to have placed the project upon the high road to ultimate success.

DESERT-LAND ENTRIES.

It is axiomatic that the desert-land law contemplates the reclamation of arid and semiarid land by the application of water, and that land for which there is no available water supply should not be held subject to desert-land entry.

The regulations in force for many years permitted the allowance of desert-land entries for lands for which there was no available water supply. Relative to proposed reclamation, applicants merely alleged that they intended to reclaim the tract sought by conducting water thereon, indicated the proposed or expected source of their water supply, and furnished a map or plan intended to show the mode or

contemplated irrigation. The result was (a) the segregation of large areas of desert land incapable of reclamation by irrigation, under a statute and form of entry, where accomplishment of that purpose was the primary consideration to acquiring patent; and (b) to induce many people of limited means to expend their time and money in the improvement of claims for which there could be no ultimate hope of procuring title under the desert-land acts. To remedy this evil radical changes in the desert-land regulations were made March 23, 1914, and on February 25, 1915, with the same end in view, it was determined to have all applications for desert-land entry reported upon by field agents of the office before finally deciding whether or not entries should be allowed. In addition and for the purpose of affording relief to those who had made desert-land entries for lands for which there is no adequate water supply, because of misunderstanding as to the scope and intent of the law, or misinformation as to available water, the Land Department recommended and Congress passed the act of March 4, 1915 (38 Stat., 1138-1161). As indicating to some extent the need of the legislation and changes in procedure above mentioned, it may be stated that during the past two years upward of 5,000 applications for extension of time within which to submit final proof have been considered, claimants being unable to secure water for the irrigation of their lands within the period prescribed by law. This legislation was recommended for the purpose of affording an opportunity for equitable disposition of pending entries for which there is no adequate water supply, and it is intended by the amended regulations to obviate a recurrence of such a situation. The maximum area for which entry may be made under the reclamation act of June 17, 1902 (32 Stat., 388), and supplemental legislation, is 160 acres. A like restriction of area is placed on desert-land entries for coal, phosphate, and certain other mineral lands (36 Stat., 583; 38 Stat., 509), with further restriction as to title (surface only). Irrigable lands should be disposed of in comparatively small tracts, certainly not more than 160 acres to one person. It is recommended that legislation be enacted limiting desert-land entries to 160 acres.

During the past fiscal year 2,711 desert-land entries were patented, embracing 448,752.08 acres of land, as compared with 2,127 entries, embracing 346,794.74 acres, during the previous year. Examination was made of 9,534 proofs of annual expenditures, and 2,990 applications for extension of time within which to submit proofs, and 361 assignments, were considered during the past year.

IRRIGATION PROJECTS.

On September 30, 1910, the department directed that irrigation projects alleged as sources of water supply in desert-land entries be investigated in the field, and that the reports be favorably acted

upon before proofs are accepted. Subsequent to the adoption of this practice approximately 600 reports have been submitted to this office by field agents on projects involving the reclamation of over 10,000,000 acres. Reports of this kind are based on actual investigations on the ground, consideration being given to all engineering features of the project involved. In the examination the officer makes a detailed study of the stream system, the adequacy and permanency of the water supply, matters relating to construction and maintenance costs, the financial ability of the organizers to construct and maintain, the feasibility of the main system, the methods for water distribution, the title of the water supply relied upon, the character of the lands to be irrigated, and the duty of the water proposed to be utilized.

During the past fiscal year, 253 reports have been disposed of by this office, favorable action having been taken on 167 projects, adverse action on 58, and 28 cases closed without definite action. In the consideration of these reports a careful analysis is made of the facts reported by the examiner, and in reaching a conclusion a decision is rendered which for the purposes of administration may be termed an adjudication or finding of the rights under the State laws of the project and those claiming thereunder to the waters in question. In rendering a decision, due regard is had to local conditions affecting the particular project, such as kind of crops produced, length of irrigation season, etc., and every effort is made to avoid working any undue hardship on bona fide projects or settlers.

This work, which is not only for the protection of the interests of the Government but also in the interests of public-land claimants, discourages the construction of projects without full information on the vital matters concerned, and tends to prevent the promotion of fraudulent enterprises.

STATE SELECTIONS.

Mention was made in my report of last year of the fact that the act of Congress approved February 28, 1891 (26 Stat., 796), was construed by the Land Department for a number of years as a general adjustment act, alike applicable to all States and Territories having unadjusted school grants, and also authorizing exchanges of lands in school sections within reservation boundaries for lands outside, as well as the selection of lands as indemnity for actual losses to the various school grants, and that, a contrary view having been expressed by some of the courts with respect to such exchange of ownership, the approval of selections based on the exchange provisions of said act had been withheld, with a view to further legislation or a decision in the court of last resort.