SUSPENSION OF PATENTS TO THE NEW ORLEANS AND PACIFIC RAILROAD. Prior to the 3d of March, 1885, selections of land had been made by the New Orleans Pacific Railroad' along the line of its route, between New Orleans and Shreveport, to the amount of 1,015,993.76 acres; in pursuance of which, on the 3d of March, in obedience to the direction of the Secretary of the Interior and the Commissioner of the General Land Office, patents were issued to the company for 679,287.64 acres. Unusual assiduity was manifested, apparently having for its purpose the patenting of the whole amount of the selections of the company before the Department should pass under the control of the then incoming administration. Protests had been filed against the issuing of the patents. The time allowed by law for the construction of the New Orleans, Baton Rouge and Vicksburg Railroad (under which the New Orleans Pacific claimed as assignee) had expired before any alleged assignment was made to the claimant. No beginning had been made by the New Orleans, Baton Rouge and Vicksburg Railroad Company to build or attempt to build any road in pursuance of the grant by Congress to it. The legislature of Louisiana had passed an act forfeiting the charter of the New Orleans, Baton Rouge and Vicksburg Railroad before the alleged assignment of the grant to the claimant, which act had been declared unconstitutional. The right of the New Orleans, Baton Rouge and Vicksburg Railroad Company to assign its whole grant, which was made by the Government to aid in the construction of a railroad, to another for a cash consideration, with not even the security of a covenant on file on the part of the assignee to use the grant for the purposes for which it had been made, was a question of grave doubt. The lands selected by the claimant company were alleged to include lands previously granted to the State of Louisiana under the swampland act, as well as many homestead and pre-emption claims of actual settlers. These, with other considerations, impressed it upon me as a duty, on the 10th of March, to issue an order to the officers of the Land Office to suspend the further issue of patents to the New Orleans Pacific Railroad. That order yet stands unrevoked. While the considerations suggested were regarded as sufficient to warrant the suspension of the issue of patents till time was afforded for examination, on application on the part of the attorneys for the road to revoke the order, hearing was had, and from the presentation of the case it would seem that the railroad purchased a portion of a line of a railroad already built from New Orleans to Whitecastle, a distance of sixty eight miles; as to this portion of the road the company waived claim to the land granted. The residue of the road, from Whitecastle to Shreveport, was built by the company upon the belief of the full validity of their right to the land granted, and without this benefit of the grant the road would not have been built. The Government railroad examiner reports the road substantially built and equipped, and it would not appear to comport with good faith to those who invested their money on the basis of the grant to take advantage of any technical defect, if such exists, in the transfer to the company. I would, therefore, respectfully suggest for the consideration of Congress, the propriety of passing an act, curative of defect, if any exists, in the transfer to the New Orleans Pacific Company, and vesting the title, originally granted to the New Orleans, Baton Rouge and Vicksburg Railroad Company from Whitecastle to Shreveport, in the New Orleans Pacific Road. FENCING THE PUBLIC LANDS. The illegal appropriation of the public lands by parties who, for stock purposes, have inclosed vast areas of country to which they do not pretend to have any right, except such as they acquire by unlawfully fencing the same, I am able to report is being broken up by the measures adopted in pursuance of the President's proclamation of the 7th of August last; and I hope the day is near at hand when no such illegal inclosures of public lands will exist to prevent settlement thereon by the people who are entitled to enter under the public land laws of the United States. The public domain, under the law, is held by the Government in trust for all. The people are all, alike, invited to purchase, improve, and enjoy it. No one, on unreserved lands, can rightfully exclude another until the right of private property shall have lawfully attached. Yet this equality of right, which should be the rule, which commends itself to the common sense of justice, for years has been practically denied. Thousands of acres of the public lands-without purchase and without right-have been inclosed and the tide of immigration correspondingly checked. The action on the part of the Chief Executive, has, of itself, done much to remove unlawful obstructions. Steps have been taken to punish those who have neglected or refused obedience, and diligent inquiry will be maintained to prevent continuance or recurrence of the wrong. The Interior Department is, by law, required to assume the direction and general supervision of the administration of the land laws of the Government. These laws comprehend two general divisions-those applicable to the General Land Office, which is in the Department, and those which are administered in the several local land offices. The Department has no officers provided by law through whom any direct supervision can be exercised or information derived over or con cerning the local land offices, or the character or conduct of the officers therein. Such officers are believed to be needed to accomplish the vigilant and effective supervision contemplated by law. As their duties would embrace a supervision of the conduct and mode of doing business of all the officers charged with the administration of the land laws outside of the Department, including the officers of the local land offices, the surveyors, the land and timber agents, an irreproachable character for integrity and the highest order of intelligence should be required in the persons to be selected. It would be more conducive to the public service that one with such character and attainments should be employed than several of inferior ability. I would, therefore, recommend to Congress the passage of an act authorizing the employment of two general land agents of the Interior Department, to be subject to the direction and control of the Secretary of the Interior, at a salary of $3,000 a year, with a competent allowance for traveling expenses. THE PRESERVATION OF TIMBER. The subject of the preservation of timber on the Government lands has been suggested to Congress repeatedly in the reports of my predecessors. Perhaps its frequent repetition has rendered it commonplace, until it has come to be recognized as a part of routine report. Its importance justifies its repetition. That the timber is rapidly disappearing is an indisputable fact. Much is wasted and destroyed. Its effect on rainfalls, the flow of our rivers, and the healthful character of climate are subjects worthy of consideration. Its importance and necessity for agricultural, domestic, and mechanical uses requires no portrayal. Good government, while not forgetful of the present, should use some care for the future. Both on account of its present importance and its future necessity, this subject is worthy of your thought. Perhaps the want of action in the past arises from the difficulty surrounding the question as to how the timber could be used, and yet preserved, for its use seems to signify its destruction. To use all of it, and preserve all, is impossible. Hence, some should be used and some preserved. To raise the value to near its real worth will do much to insure economy and prevent waste. To restrict, in a limited degree, the right to purchase or appropriate the timber land, so that the wish of the purchaser would be subjected to the judgment of the proper offi cers of the Government, as to the urgency of the public demand or necessity, would accomplish much. As a means to approximate the result of proper use, and reasonable preservation, I would respectfully commend to your consideration the passage of an act embodying the following suggestions: (1) That as to the lands already surveyed, of which the plats have been filed, appraisers be appointed to examine the lands. All legal subdivisions, by sections and quarter sections, more than the half of which are overgrown with timber shall be selected and appraised at 3 their full actual value and return made of the lands so selected and appraised to the officers of the land office where the lands so selected shall be marked on the plats "timber land," with the appraised value thereof. (2) That in all future surveys, the surveyor shall, as a part of his official duty, so select, appraise, and return each survey and mark upon the plats all timber land and the appraised value. (3) That every fourth section described by number, one-half of which, or more than one-half of which, shall be marked "timber land" and appraised, shall (as to the quarter sections thereof so numbered) be permanently reserved from sale. (4) The lands marked upon the plats as timber lands and appraised, except the reserved sections, shall only be sold at public auction to the highest bidder for cash (but in no event below the appraised value). The sales to be after full advertisement, and to be made on the order of the Secretary of the Interior as he may direct. Any lands not sold at any such auction shall be held subject to future sale in the same manner and subject to the same order and direction. (5) Until the appraisal shall be made and the plats marked all entries made shall be required to establish that the land entered is not timber land as described herein. The restriction of the sales to such lands as in the judgment of the Department shall be needed to supply present wants would prevent an indiscriminate and speculative appropriation. By subjecting the lands to appraisement and public sale their true value will be obtained. When the real value is paid the interest of the purchaser will guard against waste. The permanent reservation of every fourth timber" section will be some provision for the future. If the matter submitted should meet the approval of Congress, provision should be made for an adequate fund to examine and appraise the surveyed lands. RAILROADS. The Commissioner of Railroads reports a careful examination, especially of those companies aided with the bonds of the United States, facilities for such examination being cheerfully furnished. The railroad property inspected was found to be in good order. The financial condition of the various companies is shown in appended statements. The report of the Commissioner is detailed and comprehensive. Name of railway. The condition of the bond and interest account is shown by the following statement: Amount of these funds, held by the Treasurer under the act of May 7, 220,448 68 2,020,900 13 Amount in the United States Treasury uninvested June 30, 1885: Credit of the Union Pacific...... Total..... 2,241,348 81 No investments have been made for the Central Pacific Railroad Company since November 27, 1882, owing to its protest against the investment of its sinking fund at the usual high rates of premium for Government bonds. The interest on its sinking-fund investments to June 30, 1885, was $210,558.83. It is therefore suggested that a larger discretion be given the Secretary of the Treasury as to these investments. The whole fund might be invested and at higher interest. At present over a fourth of the sinking fund is uninvested, owing to the requirement that the fund be invested only in United States bonds. During the past seven years only $8,560,807.60 has been paid into this fund, bringing but $437,524.03 interest. Suggestion is made, therefore, since the act of May 7, 1878, does not accomplish its intended result, that the companies be required to make annual or semi-annual payments, so that their debts to the Government may be paid in reasonable time. As the debt increases at the rate of over one million dollars a year, and the interest on the investment of the sinking fund does not equal the premiums paid for the bonds, the adoption of some zuch measures as suggested is urged, By cash (5 per cent. net earn ings). Balance of interest paid United States. |