The necessity for this legislation has only increased with the lapse of time. The recommendation as heretofore made will not be repeated in detail, but the purpose of the office is to present to the department such a bill as will afford the needed relief in this direction.

(2) The act of August 24, 1912 (37 Stat., 512), entitled "An act to create a legislative assembly in the Territory of Alaska, to confer legislative power thereon, and for other purposes," provides that the Constitution of the United States, and the laws thereof which are not locally inapplicable shall have the same force and effect within said Territory as otherwise within the United States.

This office and the department have already encountered serious difficulties in determining the applicability of the right-of-way laws in the Territory under the above provision. So far as this particular question is concerned, an opinion of the Attorney General has relieved the present situation, but it is deemed wise to suggest that Congress should pass an act expressing with more detail and certainty what public-land laws of the United States are applicable to Alaska rather than to leave such matter open to interpretation.

(3) Under the regulations heretofore existing and the decisions of the department it has uniformly been held that the title taken to railroad rights of way, by special acts, such as the Pacific grants, was merely an easement and did not convey a title in fee.

It is now held by the department, following the decisions of the United States Supreme Court, that the title thus conferred is something more than a mere easement-is, in fact, a base or limited fee.

It follows as a natural consequence of this holding that if the Government by legislative enactment has parted with the title it has no authority or right, either legal or equitable, to patent to subsequent applicants any portion of the land so alienated.

Nevertheless under the former holding that the right of way constituted simply an easement the office has heretofore issued and is yet issuing patents to lands charged with the base or qualified fee acquired under the right-of-way act. To correct the situation thus arising and to confer authority upon the department to make the proper disposition of lands covered by rights of way in the event of their abandonment or forfeiture requires specific legislative action.

(4) In the last annual report very full consideration was given to the operation of the act of August 18, 1894 (28 Stat., 372), known as the Carey Act, and the status of the work then in hand, followed by suggestions as to appropriate legislation to the end that the projects already begun and those now in contemplation might both be carried to consummation.

In the year that is passed, however, much attention has been given to the general subject of the irrigation and reclamation of our arid

lands, both in the department and among representatives of the various irrigation States, all looking to the formulation of such further constructive measures, through cooperation between the States and the Federal Government, as will secure a more effective and comprehensive plan of dealing with this subject.

For this reason it is therefore thought best at the present time to make no specific recommendation with respect to the "Carey Act," but rather to await the results of the contemplated cooperation above indicated. If, however, it shall transpire that no radical measures along this line seem likely to be suggested, I will renew my recommendations contained in the former report and present for your consideration proposed legislation to that end.

CONCLUSION.

On the whole, the office statistics show that the work of this bureau is more nearly current in all its branches than at any time during my administration. Moreover, the quantity of work actually accomplished is equal to if not greater than in previous years, though owing to new legislation and the policy inaugurated during recent years, the administration of the public-land laws is becoming increasingly complex and difficult.

Aside from the regular routine work, the office has been able to make much real, substantial progress in the settlement and disposition of the larger problems and situations-several of which are referred to in this report that confronted the Land Office. Many of these problems have required careful study of involved questions of law, long and detailed compilations of office records, and extensive field. investigations which, for the most part, do not appear at all in the statistical report, in order to arrive at just and intelligent conclusions. CLAY TALLMAN, Commissioner.

The SECRETARY OF THE INTERIOR.

STATISTICS RELATING TO THE DISPOSITION OF THE

PUBLIC DOMAIN.

Area of States and Territories.

[Based upon careful joint calculations made in the General Land Office, the Geological Survey and the

Bureau of the Census.]

Owing to their location adjoining the Great Lakes, the States enumerated below contain approximately an additional number of square miles as follows: Illinois, 1,674 square miles of Lake Michigan; Indiana, 230 square miles of Lake Michigan; Michigan, 16,653 square miles of Lake Superior, 12,922 square miles of Lake Michigan, 9,925 square miles of Lake Huron, and 460 square miles of Lakes St. Clair and Erie; Minnesota, 2,514 square miles of Lake Superior; New York, 3,140 square miles of Lakes Ontario and Erie; Ohio, 3,443 square miles of Lake Erie; Pennsylvania, 891 square miles of Lake Erie; Wisconsin, 2,378 square miles of Lake Superior and 7,500 square miles of Lake Michigan.

In addition to the water areas noted above, California claims jurisdiction over all Pacific waters lying within 3 English miles of her coast; Oregon claims jurisdiction over a similar strip of the Pacific Ocean 1 marine league in width between latitude 42° north and the mouth of the Columbia River; and Texas claims jurisdiction over a strip of Gulf water 3 leagues in width, adjacent to her coast and between the Rio Grande and the Sabine River.

2,806

1,795, 840

84,990

440

281,600

9,564

2,365

1,513, 600

42,627

2,291

1,466, 240

69,127

148

94, 720

24, 170

810

320

518,400 204,800. 52,899 33,855,360

56,066

97,914

3,026,789
590, 884

NOTE.-The land offices in Ohio, Indiana, Illinois, and Iowa are abolished, and the vacant tracts of public lands in those States are subject to entry and location at the General Land Office, Washington, D. C.

List of offices of United States surveyors general.

Field division headquarters of special agents of General Land Office.

A. Administrative duties. Appointments; bonds of officials, except mineral surveyors; correspondence concerning local officers, surveyors general, etc.; establishment of new land districts, changes in location of district land offices, changes in district boundary lines, discontinuance of local land offices; publication of notices of intention to offer final proof; opening and sale of Indian reservations; printing and binding; bird reservations; national monuments; leaves of absences; requisitions for supplies; record of attorneys and agents admitted before department and its bureaus, also before district land offices. B. Record of patents; use of rectigraph and photostat machines in making photographic copies of papers. C. Homesteads, all original, except forest and reclamation; final homesteads; commuted homesteads; homestead declaratory statements; timber and stone entries; public sales; isolated tracts; certified copies; private sale, lands in Missouri.

D. Mails and files.

E. Surveys.

F. Railroad grants; cash sales under act providing for adjustment of railroad grar ts; wagon roads, rights of way for canals, ditches, etc.; reservoir declaratory statements, State selections (Carey Act).

G. Desert-land entries, original and final; State selections (except Carey Act); Indian allotments and Indian homesteads; swamp lands.

H. Contests.

K. Reclamation; preemption; homesteads in national forests; town sites; military bounty land warrants; abandoned military reservations; agricultural college and other similar scrip; lieu selections; graduation and credit system entries; private land claims; Minnesota drainage; Chippewa logging-Minnesota. L. Drafting; forest reserve eliminations, restorations, etc.; national monument files; compilation of United States and other maps; blue printing; mounting of maps and plats.

M. Accounts; repayments; monthly schedules; statistics.

N. Mineral entries; contests involving character of land; protests in mineral cases; coal, oil, phosphate and potash withdrawals and restorations; Northern Pacific classification; mineral segregation plats; bonds of mineral surveyors.

O. Posting, tract books.

FS. Soldiers' additional homesteads; fraudulent entries; timber trespass; unlawful inclosure public domain; suits to set aside patents; disbarment of attorneys and agents.

Average number of employees of the General Land Office, July 1, 1915.