SD 565 
 .P7 
 1909 
 Copy 1 
 
60th Congress, I SENATE. j Document 
 
 2d Session. X \ No. GG7. 
 
 PREVENTING DEPREDATIONS ON PUBLIC TIM- 
 BER, ETC. 
 
 Mr. Nelson presented the following 
 
 LETTER FROM MR. H. H. SCHWARTZ. CHIEE OE THE FIELD 
 SERVICE. GENERAL LAND OFFICE, RECOMMENDING THE AP- 
 PROPRIATION OF ONE MILLION DOLLARS FOR PREVENTING 
 DEPREDATIONS ON PUBLIC TIMBER. PROTECTING PUBLIC 
 LANDS. AND SETTLEMENT OF CLAIMS FOR SWAMP LANDS, 
 AND SWAMP-LAND INDEMNITY. 
 
 January 19, 1909. — Referred to the Committee on Appropriations and ordered 
 
 to be printed. 
 
 Department or the Interior, 
 
 W-^ General Land Office, 
 
 Washington, D. C, January 15, 1909. 
 
 Sir : I respectfully recommend that the appropriation for prevent- 
 ing " Depredations on public timber, protecting public lands, and 
 settlement of claims for swamp lands, and swamp-land indemnitj' " 
 for the fiscal year 1909-10, be raised to $1,000,000. 
 
 The present appropriation is $500,000. Previous appropriations 
 were $250,000, or less. 
 
 There is absolute necessity for such appropriation, if the more than 
 one hundred million dollars' worth of national resources, now claimed 
 to have been fraudulently acquired by corporations and individuals, 
 shall be promptly recovered. 
 
 My belief that this increase is necessary is based upon the following 
 facts : 
 
 1. The number and status of cases on record, as shown by the 
 attached letter from the chief of field service. 
 
 2. The large number of pending cases heretofore partially in- 
 vestigated by the Secret Service, or special service of the Depart- 
 ment of Justice, and now transferred to the General Land Office 
 field forces. 
 
 3. The numerous pending applications for and grants of rights of 
 way, easements, and licenses upon public lands requiring examination. 
 
 4. The large number of proceedings pending upon adverse reports 
 by the Forest Service field force, requiring special agents of this 
 
2 PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC' «\o^ 
 
 office to attend and conduct hearings under section 1, act of P'ebruary 
 1, 1905. • 
 
 5. The investigation in the field of lands claimed by States as 
 swamp— a recent investigation showing dry Indian lands claimed as 
 swamp with stumpage timber values of over $350,000 in two lists 
 alone. Many other lists are pending. 
 
 6. The large number of pending nonmineral state selections for 
 lands found to be coal by the Geological Survey, and requiring 
 examination and investigation by the field force. 
 
 7. The increasing amount of time by agents required in courts and 
 before referees in the larger cases now pending. 
 
 8. The examinations required in the temporary withdrawals for 
 oil, phosphate, coal, and other natural resources in cases where claim- 
 ants seek to acquire title under agricultural laws. 
 
 9. The investigations into Carey act contracts heretofore made — 
 not covered by the initial investigations made by the special in- 
 spectors of your department, and not properly chargeable to that 
 appropriation. 
 
 10. The necessity for promptly reaching and clear listing bona fide 
 entries against which charges have been filed with this office or the 
 special agents. 
 
 At first blush this request may seem to call for an extraordinary 
 increase in this appropriation. However, it is not 1 per cent of the 
 value of the government property involved, and a comparison with 
 the past appropriations is not proper, for the reason that in the past 
 this bureau did not know the extent of the frauds being perpetrated 
 upon the Government under the public-land laws. 
 
 We have such knowledge to-day, and we should take proper steps 
 to safeguard the public domain. 
 
 Respectfully, Fred Dennett. 
 
 Commissioner. 
 
 The Secretary or the Interior. 
 
 Washington, D. C, January 2, 1909. 
 
 Sir : This is a recommendation that you request an appropriation 
 of $1,000,000 for preventing " Depredations upon public timber, 
 protecting public lands, examining swamp lands, etc." The present 
 appropriation is $500,000; prior recent appropriations were $250,000 
 per annum. My absence in the field prevented presentation of the 
 facts in this letter at the time the sum of $500,000 was estimated for 
 the next fiscal year. 
 
 There is herewith submitted detailed information, showing ap- 
 proximately $110,000,000 worth of public lands alleged to have been 
 fraudulently acquired. There is reasonable prospect of recovering 
 much of this land, if prompt action is had. While, considered rela- 
 tively with former appropriations, a million dollars may seem large, 
 yet, in the light of our present knowledge of lands unlawfully ac- 
 quired, it is not 1 per cent of the commercial value of that which the 
 Government may hope to recover. 
 
 For the fiscal year ending June 30, 1908, Congress appropriated 
 $250,000 for the protection of public lands. A like sum had been ap- 
 propriated for the year ending June 30, 1907. Public-land investi- 
 gations, increasing public sentiment for better protection of the na- 
 tional resources, and extensive discussion of these matters in publi- 
 
PREVENTING DEPREDATIONS ON PUBLIC TIMBER. ETC. 3 
 
 cations, during the past five years, have resulted in many thousands 
 pf informations being filed in the General Land Office, charging 
 land frauds. Many thousand cases of violation of law have also been 
 brought to the attention of the Government through investigations 
 by your special agents; also, special employees of the Department of 
 Justice have furnished this office with information in important 
 cases. 
 
 The foregoing conditions produced great congestion in the work 
 devolving upon your field force. This office, local offices, and field 
 agents receive, annually, thousands of complaints against claims and 
 entries under the settlement laws. Experience shows that only 
 about one-half of these complaints are justified. The examination 
 of such cases has been the principal field duty — to the end that the 
 settlement claims and entries may proceed without delay. However, 
 the great number of extensive frauds demanding immediate action, 
 and necessarily consuming months of time in investigations and 
 subsequent attendance in court trials, leave us to-day over 16,000 
 settlement claims suspended on complaint out of the total 32,226 
 cases of all kinds pending December 1, 1908. The nature of the 
 " necessity " for prompt action in some of the larger cases is shown 
 in United States v. Juanita Coal and Coke Company and United 
 States v. Utah Fuel Company, involving lands worth $2,500,000. In 
 these two cases the evidence of the fraudulent acquisition of these 
 lands was finally uncovered in November last. Suits were filed De- 
 cember 7, 1908, and the statutes of limitation would have prevented 
 suit on December 8, 1908 ; likewise, in the Oregon cases against. C. A. 
 Smith et al., involving timber worth about $1,000,000, the investiga- 
 tions were completed, and suit was filed in May, 1908 — within a few 
 weeks of six years after patent issued. Suit can not be brought 
 against a patent six years old. 
 
 With the $250,000 appropriated for the fiscal year ending June 30, 
 1907, the field force investigated and disposed of practically 6,500 
 cases, collected from trespassers $284,470, recovered 390,240 acres of 
 land of about $2,186,400 in value, and secured the conviction in 
 criminal cases of 138 defendants. 
 
 The present reorganization of the field force and general methods 
 of handling the investigations in relation to public lands dates prac- 
 tically from the beginning of the fiscal year 1907-8. The work 
 performed and the results accomplished in protecting public lands, 
 recovering public lands fraudulently acquired, and prosecuting par- 
 ties guilty of crimes in relation thereto, for a period July 1, 1907, to 
 December 1, 1908 — seventeen months— will, therefore, be treated as a 
 unit. The amount appropriated for carrying on the work for the 
 seventeen months was $500,000, thus: $250,000 for the fiscal year 
 ending June 30, 1908, and $250,000 was expended for the first five 
 months since that date. With this expenditure of $500,000 the fol- 
 lowing results have been accomplished: 
 
 Absolute recoveries. 
 
 10,933.07 acres of patented lands recovered (including 
 
 lands i : estimated value $824,555.35 
 
 61S,24(i acres of unpatented lands recovered; value 3,547,100.00 
 
 Collected from timber trespassers 130. G94. 79 
 
 Fines collected 8, 597. 94 
 
4 PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 
 
 The foregoing comprise absolute recoveries to the United States of 
 $4,516,858.08 in money value, which is $4,016,858.05 in excess of the 
 total appropriation expended in the work. This is not, except the 
 fines and timber trespass, money returned to the United States Treas- 
 ury, but it is lands of such value restored to the public domain where 
 the honest purchaser or settler may acquire it, and the present ad- 
 ministration of the public land laws is such as to prevent the reoccur- 
 rence of further illegal acquisition. Also, the subsequent sale of the 
 recovered coal and timber lands — now for the first time sold upon 
 appraisal — will result in such increase in cash returns to the Treasury 
 as will exceed the expense of recovery. 
 
 The absolute recoveries, however, constitute but a small part of the 
 work performed and being performed. The detailed summary hereto 
 attached shows information in the possession of the Government 
 which may lead to the recovery of moneys and lands reasonably 
 worth in excess of one hundred millions of dollars. How effective 
 these recoveries shall be depends upon the men and funds available 
 for carrying on the work. 
 
 A comparison of the number of cases actually investigated in the 
 field, and reported on, shows that during the fiscal year ending June 
 30, 1907, 6,500 cases were examined at a total expense of $250,000, 
 while during the seventeen months ending December 1. 1908, 28,183 
 cases were examined, at a total expenditure of $500,000. Taken as a 
 whole, the work was measurably similar, and there is a consequent 
 showing of increase in effciency of over 100 per cent since the gen- 
 eral reorganization of the special service. 
 
 During the past seventeen months your agents have caused to be 
 released from unlawful inclosure a total of 1,007,684 acres of vacant 
 public lands. These lands were restored to settlement and the open 
 range; that, as 5 cents per acre (a low grazing value for that period), 
 amounts to $50,385.20. 
 
 We have secured 94 convictions for violation of the public land 
 laws, in a large number of which cases the fines were collected; and 
 in important cases imprisonment sentences were imposed. A tab- 
 ulated statement showing details of these convictions is attached. 
 
 The field force have also examined public lands covered by rights 
 of way, easements, and privileges granted, of which 98 were found to 
 be either fraudulent or illegal, and adverse proceedings have been or 
 will be instituted to free the public lands from such easements now 
 resting thereon. 
 
 Actual investigation and examination has also been made of nine 
 Carey Act projects, involving 199,259.18 acres. These investigations 
 disclose projects covering 62,070.99 acres, in which the land has not 
 been reclaimed, and in which conditions warrant action looking to the 
 recovery of lands, either from lack of water or because lands are not 
 desert in character. Other examinations are in progress. These do 
 not include original examinations upon applications to select — such 
 examinations being made by inspectors of the department. 
 
 The expectation of the General Land Office, as expressed by the 
 commissioner to the Committee on Appropriations when considering 
 the sundry civil bill for the year ending June 30, 1909, that an 
 appropriation of $500,000 per year for two years would clear up the 
 then accumulated work, will be realized. 
 
PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 5 
 
 HoAvever, the investigations of the past two years by your special 
 agents, aided by an aroused public sentiment, have produced evidence 
 and information of wholesale and astounding frauds upon the public 
 lands, and such cases necessarily require much time from the field 
 force. As a result, we have of record in the special-service division 
 of this office the 32,000 distinct cases demanding further field action, 
 notwithstanding that during the past seventeen months there have 
 been investigated a total of over 28,000 cases. 
 
 The magnitude of the task imposed upon the General Land Office 
 in some of these cases will be best appreciated by example: 
 
 In a single suit to recover coal lands having a commercial value of 
 millions of dollars it may be necessary to take the following steps: 
 
 Examine all of the records and correspondence in one or more of 
 the local land offices, and in the General Land Office, in relation to 
 probably fifty distinct entries of land; this examination develops 
 the coincidence of claimants and witnesses, attorneys of record, 
 notaries and commissioners before whom papers were executed, with 
 a subsequent examination of probably fifty to one hundred witnesses, 
 now scattered throughout the United States, and who have, in one 
 way or another, been connected with the proceedings by which the 
 Government lost title to the lands. These witnesses embrace coal ex- 
 perts, employed by the corporations to prospect the lands, dummy 
 entrymen. attorneys, notaries public, United States commissioners, 
 and the various witnesses required to the different filing papers. 
 
 Second. It is necessary to examine and abstract the titles to these 
 lands as they appear of record in the office of the recorder of deeds 
 in the different counties. 
 
 Third. There follows the investigation of the organization and 
 development of the corporations and holding companies, who have 
 taken over the title, and who. by trust deeds and mortgages, endeavor 
 to forestall recoveries by pretended purchase, or incumbrances for 
 value. This branch of the case frequently occupies months of time 
 by men expert in real and corporate law. and frequently develops 
 three or four companies holding titles, mortgages, trust deeds, or 
 bonds predicated upon trust deeds, all intended simply to involve 
 the title. In other cases, subsequent transfers proved to be bona fide. 
 
 Fourth. To the end that the value of the lands may be determined. 
 in the event that some one of the interested c >rporations is able to 
 make good its claim of innocent purchaser, and the Government is 
 thereby driven to a judgment for damages sustained, in lieu of the 
 recovery of the lands, it becomes necessary for men expert in coal 
 mining and geology to make extensive field examinations. 
 
 Fifth. As these coal companies have frequently been operating 
 from two to five years, it also becomes necessary to determine the 
 amount of coal taken from the lands and its value in the different 
 situations, which may. according to the event of the suit, fix the rule 
 of damages the Government shall recover for probably several mil- 
 lions of tons of coal unlawfully taken from the lands. 
 
 It will be seen that a proper presentation of the Government's case 
 in some one of a dozen suits similar to the foregoing may well require 
 the entire time for from three to six months of a half dozen men. 
 
 Example might also be cited to some of the more determined and 
 persistent violators of the act to prevent unlawful occupancy of the 
 
6 PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 
 
 public lands, known as the fencing law : A single case reported from 
 Oregon involved over 85,000 acres of government land in one in- 
 closure; in addition thereto there were a large number of fraudulent 
 or dummy entrymen on some of the lands inclosed. If the Govern- 
 ment expects to present such a case as this to the court or jury, with 
 a showing which will warrant anything more than a nominal fine 
 (which means a very nominal charge for pasturage on the public 
 land and the exclusion of the general community from free range), 
 it becomes necessary not only to show the inclosure, but to show it in 
 detail; probably survey, chain, and subsequently plat over 100 miles 
 of fence; investigate into the circumstances and bona fides of prob- 
 ably fifty to one hundred entries of one kind or another made within 
 the inclosure, supposedly for the benefit of the live-stock company; 
 also interview from fifty to one hundred witnesses, the dummy entry- 
 men; the men who built the fences, to determine when they were 
 built and who paid for them ; cow punchers and small cattlemen, for 
 proof that the large company controls the inclosure and that the 
 stock of small individuals is driven therefrom ; in some cases the set- 
 tlers are forcibly prevented from investigating or occupying the 
 lands. 
 
 Again, Ave have conspiracy timber cases, which may well take the 
 time for from one to three months of three or four men. Along 
 this line the Land Office has single cases of over 200 entries of more 
 than 32,000 acres of land. Combinations are frequently so well 
 organized and so aided by defective public land laws as to prevent 
 an almost impossible task in securing evidence or recovering lands 
 worth hundreds of thousands of dollars. It may become necessary 
 to assign an agent to a single conspiracy case and keep him there 
 to the exclusion of everything else for a period of three or four 
 months, and, in certain phases of the investigation, the services of 
 other agents are required. A single timber trespass case may require 
 a crew of men for weeks. One case investigated this year shows 
 trespass of timber covering 7 miles of territory, and timber taken 
 of over $200,000 value. The land was unserveyed, and it became 
 necessary to run lines and scale up this entire trespass, measuring it 
 stump by stump. It is an old trespass; but the Government may 
 still recover — there being no statute of limitations against a money 
 demand. 
 
 These examples furnish indication of what your field force has 
 done in making recoveries mentioned in the earlier part of this state- 
 ment, and what now devolves upon it in successfully prosecuting the 
 larger cases involved in the total of over 30,000 cases pending. 
 
 Following is a summary of most of the larger cases affected by 
 charges of fraud or illegality now pending. They are here set up 
 by States or field divisions. Details of identification and names of 
 parties are omitted in cases under investigation, for the reason that 
 parties are entitled to such protection until investigation develops 
 facts warranting their presentment to a proper tribunal ; and, on the 
 other hand, present publishing of details would generally embarrass 
 further inquiry in a case. 
 
 Alaska : 
 
 1. Probably 500 coal claims worth al least $2<io per acre on 
 
 basis of 1 cent per ton $10,000,000 
 
 2. Pending timber trespass 200.000 
 
PREVENTING DEPREDATIONS ON PUBLTC TIMBER, ETC. 7 
 
 Arizona : 
 
 In United States court — 
 
 1. United States v. Grand Canyon Lime and Cement Co., to 
 
 recover for timber trespass $40,000 
 
 California : 
 
 In United States court — 
 
 1. United States v. Hyde, Benson, et al., to recover 11,040 
 
 acres of land patented under scrip selections 110,400 
 
 2. United States v. English, embezzlement : Indictment : 
 
 Amount of shortage 15,000 
 
 3. United States v. Dwinell et al., conspiracy, indictment, 
 
 involving 1,120 acres of timber land worth 22,400 
 
 4. United States v. McPherrin, and seven others, indict- 
 
 ment conspiracy, involving 3,840 acres of land worth 162. 000 
 
 In department — 
 
 1. United States v. H. H. Yard et al., 200,000 acres of 
 
 heavily timbered lands covered by placer location in 
 
 Forest Reserve 5, 000, 000 
 
 2. United States v. Golden and Darby, heavily timbered 
 
 lands covered by placer mining location 80,000 
 
 3. Thirty-two timber trespass cases, involving 100,000 
 
 Colorado : 
 
 In United States court — ■ 
 
 1. United States v. Juauita Coal and Coke Co., to recover 
 
 2,S00 acres of coal lands, value $300 per acre 840,000 
 
 2. United States v. Utah Fuel Co., to recover 5,000 acres 
 
 of coal lauds valued at $300 per acre 1,500,000 
 
 3. United States v. New Mexico Lumber Co., to recover 
 
 8,640 acres of best timber in Colorado, value $50 per 
 
 acre 432,000 
 
 4. United States v. Barnes et al., timber trespass 50, 00o 
 
 In department — 
 
 1. One group of coal entries 1,600.000 
 
 2. One group of timber-land entries 860,000 
 
 3. One group of lieu land selections 3,000,000 
 
 4. Case of lands 2,000.000 
 
 5. One group of coal entries 1, 200, 00t) 
 
 6. One group of coal entries 1,280,000 
 
 7. One group of coal claims 1,000,000 
 
 8. One group of coal claims 750,000 
 
 9. One group of agricultural entries on coal lands 4,000.000 
 
 10. One group of timber and stone entries 440,000 
 
 11. One group of timber and stone entries 200,000 
 
 12. Six timber trespass cases 535,000 
 
 13. Two cases of coal trespass, at $1 per ton 3, 500, 000 
 
 Michigan: 
 
 In department — 
 
 1. One group of coal timber entries of 5,400 acres, value 
 
 $10 per acre 54,000 
 
 2. Fifteen timber entries 6,000 
 
 3. Two timber trespass cases 27,000 
 
 Minnesota : 
 
 In department — 
 
 1. Fourteen timber trespass cases 112,117 
 
 2. Indian reservation lands, erroneously classed swamp, 
 
 timber value 350,000 
 
 Montana : 
 
 In United States court — 
 
 1. United States v. B. F. Howard et al., to recover value of 
 
 timber lands entered under the mining laws 40, 000 
 
 2. United States v. Anaconda Copper Co., timber trespass, 64,934 
 In department — 
 
 1. United States v. McCune et al., trespass of 720 thou- 
 
 sand cords of wood, stumpage value 360,000 
 
 2. Eightv tracts of coal land entered under the timber 
 
 and stone act. actual value, $100 per acre 1,280. ooo 
 
8 ' PEEDATIONS ON PUBLIC TIMBER, ETC. 
 
 Montana Continued. 
 
 In department— Continued. 
 
 3. One lot 4,000 acres agricultural land, worth $25 per 
 
 acre, acquired under the desert-land act $100,000 
 
 4. One case involving lands worth 100,000 
 
 5. Timber trespass in Missoula district, stum page 500, 000 
 
 t;. One railroad and lumber-timber trespass. .Missoula 
 
 district 500,000 
 
 7. Timber trespass case, Billings district 50,000 
 
 8. Land conspiracy, lands, at $5 per acre 100,000 
 
 !». United States v. Libbey Placer Mining Co.. timber lands 
 
 held under mining locations 250,000 
 
 Nebraska : 
 
 In department — 
 
 1. Conspiracy of 4,000 acres desert land, value $5 per acre_ 20, 000 
 
 2. A case of 800 acres coal lands acquired by nonmineral 
 
 entry SO, 000 
 
 3. A conspiracy ease ns,000 acres) 90,000 
 
 Nevada : 
 
 In United States court — 
 
 1. United States v. Central Pacific Ry. Co. and Southern 
 Pacific Ry. Co., 4 suits to recover mineral lands, lands 
 have proved value in many operating mines of over 25,000,000 
 
 In department — 
 
 1. Rhyolite Township lands, group of lands held under 
 
 mining locations 375, 000 
 
 2. United States v. Central Pacific Ry. Co., to recover 
 
 about 300 acres of mineral lands erroneously acquried 
 under its grant ; a very conservative commercial value 
 
 is 15, 000, 000 
 
 New Mexico : 
 
 In United States court — 
 
 1. Suits to recover 560 acres of coal lands 56,000 
 
 2. United States v. Coolidge et al.. 640 acres of highly im- 
 
 . proved, irrigated, agricultural lands, present value 
 
 over $100 per acre 64,000 
 
 In department — 
 
 1. Group of 1,120 acres of coal lands worth $50 per acre__ 56,000 
 
 2. Four hundred and eighty acres in coal entries, $100 
 
 per acre 48,000 
 
 3. A case of 12 coal entries for corporation, 1,920 acres 
 
 at $50 per acre 96,000 
 
 4. Group of 14 desert entries, 2,240 acres at $2.50 per acre__ 5, 600 
 
 5. On timber trespass of 70,000,000 feet ; $2 per thousand— 140,000 
 
 6. One trespass case 11,050 
 
 7. Unlawful inclosure of 120,000 acres 
 
 Oklahoma and Kansas : 
 
 In department — 
 
 1. Nine unlawful inclosures, including 307 alleged fraudu- 
 lent entries of 51,720 acres; and 66,000 acres of vacant 
 
 Government lands; value of entered lands 517,000 
 
 Oregon : 
 
 In United States court — 
 
 1. United States v. Kribs et al., to recover timber lands 
 
 having commercial value of 200,000 
 
 2. United States v. C. A. Smith, two suits to recover tim- 
 
 ber lands, having commercial value of 750, 000 
 
 3. Twenty-one allied suits to cancel 47 entries of heavily 
 
 timbered lands 235,000 
 
 In department — 
 
 1. Case involving 75 timber entries 200,000 
 
 2. Case involving block of pine, heavy stand, 10,000 acres__ 250, 000 
 
 3. Two unlawful inclosures of over 140,000 acres vacant 
 
 land. 
 
 4. One lot of coal entries on timber land in national forest- 200, 000 
 
PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 9 
 
 Utah and southern Idaho: 
 In United States court — 
 
 1. United States v. Utah Fuel Co. and Pleasant Valley Coal 
 
 Co. et a!., suits to recover title to over 40,000 acres of 
 
 coal land, at $200 per acre $S, 000, 000 
 
 2. Court cases to recover 22,000 acres of heavily timbered 
 
 pine lands, worth about $30 an acre 660,000 
 
 In department — ■ 
 
 1. About 20,000 acres coal lands held by nonmineral en- 
 
 tries, worth about $100 per acre 2, 000, 000 
 
 2. One case of 3,500 acres of coal lands 70,000 
 
 3. Unlawful inclosure of 160,000 acres of vacant lands. 
 
 4. About 800 nonmineral claims to lands valuable for coal. 
 
 at $50 per acre ^ 6, 000, 000 
 
 5. 488 state selections pending for examination. 
 "Washington and northern Idaho: 
 
 In the United States court — 
 
 1. United States r. Flynn, to recover 160 acres of im- 
 
 proved lands 8,000 
 
 2. United States v. Multnomah M. and D. Co., to recover 
 
 256 acres of land 10,000 
 
 3. United States v. Barbee, to recover 640 acres coal lands__ 64, 000 
 
 lands 114. 000 
 
 4. United Slates r. Kettenbach et al„ to recover 8,481 
 
 acres of timbered lands worth about $20 per acre 170,000 
 
 5. United States v. Hope Lumber Co., timber trespass 7,000 
 
 6. United States v, Bunker Hill .Mining Co. 
 In department — 
 
 1. To recover 6,000 acres timber and fruit lands in the 
 
 Colville Indian Reservation, held on mining claims 300,000 
 
 Wisconsin : 
 
 I. Three timber trespass cases 20,500 
 
 Wyoming : 
 
 In United States court — 
 
 1. United States v. Union Pacific Ry. Co., to recover 
 
 518,614 acres of coal lands at $300 per acre 1,555,840 
 
 •J. United States r. Hyde. Benson et al., to recover 400 
 
 acres of agricultural land at $10 per acre 4. 000 
 
 In department — 
 
 1. One timber trespass, stumpage 350,000 
 
 2. One railroad timber trespass 45,000 
 
 3. Four timber trespass cases, value 47,432 
 
 4. 1,760 acres unlawfully acquired 15,000 
 
 5. United States r. Dally et al., to recover 9,500 acres of 
 
 coal land worth $150 per acre 1,425,000 
 
 6. Lander coal case, to recover 2,r>00 acres of coal land 
 
 worth $150 per acre 375,000 
 
 7. Alleged attempt to acquire 2.r><>0 acres of coal land 
 
 worth $20<) per acre, by dummy system 512,000 
 
 8. Alleged attempt to acquire 2.240 acres of coal land 
 
 worth $20() per acre, by combination 44S. 000 
 
 Southern States : 
 
 1. Ten timber trespass cases involving 160,000 
 
 2. United States v. McKaskell Co 20,000 
 
 3. Florida. 5,000 acres timber land 50,000 
 
 4. Mississippi, entries 200,000 
 
 5. Agricultural entry on oil lands 20,000 
 
 Total 114, 733. 273 
 
 There are also set for trial and hearing 1.021 cases before local land offices. 
 upon reports by special agents and forest officers, as follows: Alaska. 1; Ore- 
 gon. 141: California, s-i : Washington, 25: Montana. 227: Colorado, 77; Ari- 
 zona, 41: Wyoming, 101; Nebraska. 37: Minnesota, 7: Michigan, 1; Wisconsin. 
 3 : North Dakota. 39; South Dakota. 26: Arkansas. 47: Louisiana, 11; Idaho. 
 25; Utah. : Kansas. 13: Oklahoma. 6; New Mexico, 71 : Alabama. 11: Florida. 
 10 : and Mississippi. 8. 
 
 S. Doc. 667, 60-2 2 
 
10 
 
 PREVENTING DEPREDATIONS ON PUBLIC TIMBER, ETC. 
 
 There are also pending in the Department of Justice and United 
 States courts, upon reports by special agents, the following cases: 
 
 Timber trespass 161 
 
 Suits to recover lands 490 
 
 Unlawful fencing of public lands 122 
 
 Criminal cases 321 
 
 Total 1, 094 
 
 These are all cases of merit to be tried. The old business accumu- 
 lated on the dockets has been dismissed wherever facts warranted. 
 
 The system of handling court cases heretofore lacked proper check 
 between the Department of Interior and Department of Justice. 
 There was no automatic card or record of each case to call it, and no 
 effective order compelling whatever additional action or investigation 
 each case demanded. To meet this situation and clear the court 
 dockets of cases fatally defective, and ascertain what was yet re- 
 quired in other cases, the Secretary and Attorney-General had ap- 
 pointed in each court district a committee consisting of the United 
 States attorney, a Department of Justice inspector, and a special 
 agent of this office. This committee took up and considered each case 
 on the court dockets or pending for suits. Cases were found of twenty 
 years' standing; particularly in the southern jurisdiction were found 
 many old timber trespass cases wherein the defendants had long since 
 disappeared. These committees recommended the dismissal of all 
 cases wherein it was found no reasonable basis for assuming convic- 
 tion or recovery could be had. As a result there was dismissed 245 
 criminal cases, 71 timber trespass civil cases, 18 cases to recover 
 lands, and 4 fencing cases. 
 
 The remaining 1,094 cases will require heavy drafts upon the time 
 and expense of our field corps. Some of these are old cases which 
 are now found to require additional work. Although the above cases 
 are now in the hands of the Department of Justice, our agents must 
 attend terms of court as witnesses; and, where additional evidence 
 js required, the United States attorneys naturally expect agents who 
 were familiar with a case from its inception to supply whatever fur- 
 ther information is required. 
 
 For the Attorney-General to require his own agents to secure addi- 
 tional information involves the loss of time and money incident to 
 putting an investigation into new hands not familiar with the rec- 
 ords, facts, and witnesses. Naturally we must remain with the case 
 to the end. 
 
 Record of criminal cases from June ,'W, 1908, to December J, 1908. 
 
 Indictments. 
 
 Timber trespass 
 
 Conspiracy 
 
 Perjury 
 
 Inclosiire 
 
 Miscellaneous. . 
 
 Totals 
 
 Found. 
 
 7;> 
 
 Convic- 
 tions. 
 
 Fines. 
 
 8729. 92 
 19, 550. 00 
 
 " 2," 003.' 72' 
 
 Fines 
 paid. 
 
 8729. 92 
 
 6, 550. 00 
 
 1,568.02 
 
 8, 847. 94 
 
 Impris- 
 onments. 
 
PREVENTING DEPREDATIONS ON PUBLIC TIMBEK, ETC. 
 
 11 
 
 The following tabulation is a summary of the unfinished work 
 pending December 1, 1908, and given by field divisions 
 
 
 
 
 
 Field divisions and num 
 
 jer of 
 
 eases. 
 
 
 
 
 
 
 * 
 
 •a 
 
 
 
 
 
 - 
 
 
 
 e 
 
 
 
 
 Kind of en- 
 tries. 
 
 
 V 
 
 a 
 
 a 
 
 <n . 
 o 
 
 c -s 
 
 o °- 
 60'- 1 
 
 
 
 
 
 43 CO 
 
 u 
 
 < 
 
 o3 
 
 
 M 
 ■a 
 
 a 
 
 03 
 so . 
 
 d 
 
 
 
 
 c 
 o 
 
 be 
 
 0J 
 u 
 O 
 
 •2 33 
 | 
 
 O 
 
 .55 
 
 w 2 
 
 03 
 
 a 
 
 03 
 
 a 
 
 o 
 
 o 
 
 c3 
 
 © 
 o 
 o 
 
 03 
 C 
 
 O 
 
 < 
 
 n 
 
 a 
 
 o 
 
 S o3 
 
 SI 
 
 o3 
 
 6 
 
 03 
 
 £ 
 
 E a 
 
 Z EC 
 
 O 
 
 X 
 
 0J 
 
 *9 
 
 ►< a 
 
 O 03 
 
 [in 
 
 
 
 rH 
 
 CN 
 
 CO 
 
 •* 
 
 irf 
 
 CO 
 
 r^ 
 
 00 
 
 Oi 
 
 O 
 
 a 
 
 CJ 
 
 00 
 
 
 Homestead .. 
 
 640 
 
 741 
 
 667 
 
 984 
 
 2,038 
 
 88 
 
 1, 035 
 
 1,168 
 
 882 
 
 292 
 
 737 
 
 760 
 
 898 
 
 10, 930 
 
 Desert 
 
 33 
 
 62 
 
 29 
 
 1,211 
 
 846 
 
 8 
 
 146 
 
 98 
 
 
 183 
 
 
 64 
 
 
 2, 680 
 
 Mini ral 
 
 6 
 
 lis 
 
 77 
 
 106 
 
 2, 472 
 
 192 
 
 7 
 
 1 
 
 3 
 
 66 
 
 5 
 
 45 
 
 
 3,108 
 
 T. and stone.. 
 
 285 
 
 69 
 
 307 
 
 287 
 
 558 
 
 
 236 
 
 395 
 
 145 
 
 121 
 
 2 
 
 1 
 
 274 
 
 2,680 
 
 
 24 
 
 
 54 
 
 4 
 
 705 
 
 1 
 
 72 
 
 4 
 
 
 53 
 
 
 y 
 
 
 926 
 
 Selects 
 
 40 
 
 63 
 
 45 
 
 133 
 
 1 
 
 4 
 
 193 
 
 2, 786 
 
 
 488 
 
 
 3 
 
 
 3,756 
 
 Miscellaneous 
 
 125 
 
 174 
 
 18 
 
 142 
 
 1,181 
 
 
 156 
 
 8 
 
 
 24 
 
 14 
 
 7 
 
 6 
 
 1,854 
 
 Timber ties.. 
 
 122 
 
 81 
 
 56 
 
 116 
 
 105 
 
 64 
 
 50 
 
 331) 
 
 500 
 
 44 
 
 35 
 
 57 
 
 782 
 
 2,342 
 
 Inclosure 
 
 73 
 
 66 
 
 22 
 
 548 
 
 198 
 
 60 
 
 231 
 
 116 
 
 6 
 
 24 
 
 112 
 
 171 
 
 
 1,627 
 
 Off. con. in- 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 9 
 
 
 6 
 
 
 8 
 349 
 
 4 
 20 
 
 
 1 
 880 
 
 1 
 
 23 
 
 7 
 84 
 
 3 
 
 78 
 
 
 44 
 
 R.of W., etc.. 
 
 
 1,434 
 
 All other 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 22 
 
 83 
 
 14 
 11 
 
 32 
 12 
 
 54 
 20 
 
 10 
 150 
 
 55 
 
 30 
 
 99 
 8 
 
 56 
 
 156 
 3 
 
 2 
 14 
 
 
 
 500 
 
 Criminal 
 
 14 
 
 
 345 
 
 Total 
 
 1, 462 
 
 1.409 
 
 1, 325 
 
 3,605 
 
 8, 621 
 
 496 
 
 2,155 
 
 5,894 
 
 1,593 
 
 1,482 
 
 1,012 
 
 1,206 
 
 1,960 
 
 32,226 
 
 The question of values above mentioned is a matter of opinion. 
 Much of the coal is the very best in America; I have valued it at 
 $150, $200, and $300 per acre. Should the Congress conclude to 
 separate the coal from title to the surface in disposing of lands and 
 permit coal mining on a royalty basis of only 10 cents per ton, these 
 lands would produce $1,000 for 10-foot veins; this on a basis that 10 
 out of 18 tons are actually mined. Many of these lands in the States 
 run from 15 to 25 feet in high-grade, workable coal; in exceptional 
 cages, fields carry coal measuring 30 and 40 feet in thickness. In 
 Jaska there are pending coal entries upon coal measures as high 
 as 60 feet thick clear coal in one vein. 
 
 The question of timber values varies according to market and 
 locality. In the Smith cases, there are lands with three to ten million 
 feet to the quarter, worth on the stump $2 to $6 per 1,000 feet, 
 or over $200 an acre. East of the Cascades, the timber runs much 
 lighter, and the good timber land fraudulently acquired several 
 years ago has from one to three million feet a quarter section, gener- 
 ally, and is worth about $4 per thousand, or about $50 per acre. 
 None of these lands are culls. Later entries are generally of less 
 value. 
 
 As to the value of mineral lands in Nevada, the estimate of fifteen 
 and twenty-five million dollars of demonstrated values is based on 
 careful field examination by competent mining agents. The New 
 York Engineering and Mining Journal has estimated these lands 
 at $100,000,000. This refers to the particular lands alread}^ examined. 
 
 This is a summary of the work performed and the task ahead of 
 us, given in such detail as the state of work will permit, and intended 
 
12 PREVENTING DEPEEDATIONS <>N PUBLIC TIMBEE, ETC. 
 
 (o show the value of the services being performed by the special 
 agents of the General Land Office. 
 
 This letter lays considerable emphasis upon the money value of the 
 public domain and its natural resources, important as is this 
 feature of our work, it is second to that of preserving for home 
 builders the lands fit for homes and aiding to the fullest extent every 
 settler in his effort to establish himself upon the public domain. I 
 recall the positive instructions of yourself and Secretary Garfield 
 to many of our new agents that, although agents were to use every 
 endeavor to prevent land frauds and crimes, they must always keep 
 in mind that their principal task is to speedily reach and investigate 
 the complaints involving settlement rights, to the end that the honest 
 sett lei' be not harassed or delayed. To that end. as before stated. 
 we have, after investigation, clear listed over 13,000 cases since July. 
 1007. 
 
 That work of itself has justified the wisdom of Congress in increas- 
 ing the appropriation under this head. It is my experience that, 
 with hardly an exception, your agents have followed instructions, 
 and have given the settler a favorable report wherever good faith 
 was shown and a real intent to make a home could be drawn from 
 all the circumstances of the case. On the other hand, they have 
 uniformly reported the facts as they found them, or understood them, 
 without fear or favor — conscious of the sufficient support of their 
 superior officers. Some of the agents, new to the work, may have 
 made errors of judgment; and in any case where complaint is 
 made that the agent's findings are not warranted, or that his actions 
 are not proper, independent investigation is made, or a hearing is 
 had, to the end that no injustice be done either to the entryman or 
 the agent. 
 
 In addition to the regular work of advancing the settlement of 
 the public domain, it will be seen from the foregoing summary that 
 through the arm of your field force, officers and employees, you are 
 charged with the duty of recovering over one hundred million 
 dollars' worth of the people's property, alleged to have been illegally 
 or fraudulently acquired by private individuals and corporation.-. 
 The last Congress raised the fund for this work from $2~)0,000 to 
 $500,000. Some of the larger cases cover lands patented years ago. 
 and our knowledge or information of. fraud is but recent. We are 
 really in a race with the statute of limitations in many large matters. 
 A most cursory knowledge of the necessity of immediate action — 
 action before the statute of limitations intervenes and witnesses die 
 or memory clouds — show the inadequacy of $500,000 per annum to 
 recover a hundred million in jeopardy. It is my hope- that the 
 present Congress will give us a millior lollars for this work. "We 
 will return it tenfold in recoveries of national resource^ now held 
 unlawfully by private parties. 
 Respectfully, 
 
 (Signed) H. H. Soinv.urrz. 
 
 Chief of the Field Service. 
 
 The Commissioner of the Gexkral Land Office. 
 
LIBRARY OF CONGRE 
 
 002 821 291 i