FORFEITURE OF ALL UNUSED RIGHTS OF WAY
THROUGH THE PUBLIC LANDS.

JANUARY 20, 1909.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. HOWLAND, from the Committee on the Public Lands, submitted the following

REPORT.

[To accompany H. R. 24833.]

The committee having had under consideration H. R. 24833, a bill to declare and enforce the forfeiture provided by section 4 of the act of Congress approved March 3, 1875, entitled "An act granting to railroads the right of way through the public lands of the United States," report the same back with the recommendation that the same do pass.

Under the right-of-way act of 1875 railway companies may file plats and select their routes over and across the public lands of the United States. The plats, when approved in the Land Department, constitute a cloud upon the title, whether the roads are built within the time required by law or not. The forfeiture declared in the statute because of failure to build the road is not self-executing. Either a congressional or judicial forfeiture must be declared.

Many of these plats are now on file and have not been followed by the construction of the proposed railways.

This bill expresses an affirmative declaration of forfeiture against all the old unused selection of rights of way where they are more than 5 years old. The bill only deals with these old, abandoned, and unused filings, leaving future Congresses to declare future forfeitures.

Some years ago the unearned railway land grants were declared forfeited, and the same policy should now be adopted as to the unearned and unused rights of way.

This bill is a copy of the law of June 26, 1906, and the passage of the bill is necessary at this time by reason of the fact that there are a considerable number of rights of way which have become subject to forfeiture since the passage of that act by reason of noncompliance with the conditions, and which should be cleared from the records of the Land Office.

There is appended hereto and made a part of this report a letter from the Secretary of the Interior on the bill in question.

Department of the Interior,

Washington, January 11, 1909.

SIR: In response to your request for a report on H. R. 24833, entitled "A bill to declare and enforce the forfeiture provided by section 4 of the act of Congress approved March 3, 1875, entitled 'An act granting to railroads the right of way through the public lands of the United States,'" I have the honor to report that the provisions of the law are in accordance with former legislation and that there is no objection to its passage. JAMES RUDOLPH Garfield,

Very respectfully,

Hon. F. W. MONDELL,

Chairman Committee on the Public Lands, House of Representatives.

O

Secretary.

60TH CONGRESS, HOUSE OF REPRESENTATIVES. Į REPORT 2d Session. No. 1886.

NECESSARY RESURVEY OF PUBLIC LANDS.

JANUARY 20, 1909.-Referred to the House Calendar and ordered to be printed.

Mr. MONDELL, from the Committee on the Public Lands, submitted the following

REPORT.

[To accompany H. R. 24835.]

The Committee on the Public Lands having had under consideration H. R. 24835, a bill authorizing the necessary resurvey of public lands, report the same back with the recommendation that the bill be amended by striking out the word "effected" in line 10 and inserting in lieu thereof the word "affected," and as thus amended that the bill do pass. This legislation is believed to be wise and necessary in view of the constant demand for resurveys and retracements of public-land lines. It has been held that after public lands have been surveyed, and the surveys have been accepted, the Secretary of the Interior has no authority to make resurveys or retracements of said lands and survey lines without authority from Congress. This has necessitated the introduction and passage of numerous bills authorizing the Secretary to make resurveys or retracements of specific tracts or areas, and it is to obviate the necessity of legislation of this character that the bill in question was introduced.

The necessity for resurveys or retracements arise from a number of causes. Years ago it was the practice to accept the sworn returns of surveyors without an examination of the survey in the field, and while in the great majority of cases these surveys were reasonably well executed and monumented, there were, unfortunately, cases where the deputy surveyors executed the work so poorly, or monumented it so carelessly, as to make the surveys of but little value, and in some cases many of the lines were never run or monumented at all.

There was another class of cases in which the character of the country, and of the material used for monumenting, was such that in the course of time-no settlement having taken place to bring about the protection and permanent marking of the survey corners-they became greatly obliterated, so that it is practically impossible to definitely locate them over considerable areas.

In this condition of affairs the Government finds it difficult to dispose of its remaining lands because of the impossibility of defining their boundaries, hence the necessity of resurveys and retracements on many portions of the public domain.

The method which has been pursued for a number of years past of introducing bills in Congress authorizing resurveys of certain townships is objectionable, first, because the consideration of such bills take up the time of the committees of Congress which might better be devoted to other purposes. Second, and more important, it is always difficult for committees of Congress, with the information they have at hand, to determine whether or no all of the lands the resurvey or retracement of which is asked for requires such resurvey or retracement, and although these bills have placed the responsibility on the Secretary of the Interior of determining whether the resurveys or retracements are necessary before authorizing the same, still the fact that such resurveys or retracements have been authorized by Congress lead settlers and intending settlers in the territory described to insist upon resurveys or retracements in advance of similar work in other localities where, by reason of increasing settlement, resurveys may be more urgently necessary.

It is believed that it will be in the interest of economy, and that it will lead to a more speedy determination of the necessity for and execution of needed surveys if general authority is granted the Secretary of the Interior. It is the opinion of the committee that with such general authority the Secretary may be able, after careful investigation, to authorize the permanent survey or retracement of lines in comparatively limited areas, in some cases, rather than to authorize the resurvey of an entire township or "check," as is sometimes done. The bill contains the proviso which has heretofore been included in resurvey bills, "that no resurvey or retracement shall be executed so as to impair the bona fide rights or claims of any claimant, entryman, or owner of lands affected by said resurvey or retracement."

There is attached hereto and made a part of this report a letter from the Secretary of the Interior stating that he has no objection to the enactment of this legislation.

2d Session.

No. 1889.

DUPLICATE GOLD CERTIFICATES IN LIEU OF ONES LOST

OR DESTROYED.

JANUARY 20, 1909.-Referred to the House Calendar and ordered to be printed.

Mr. STERLING, from the Committee on the Judiciary, submitted the following

REPORT.

[To accompany H. R. 3884.]

The Committee on the Judiciary, to whom was referred House bill 3884, have had the same under consideration, and report it to the House with a recommendation that it be amended as follows, and that the bill pass with said amendment:

Strike out beginning with the word "and," in line 6, down to and including the word "indorsed," in line 8.

At present there is no general law authorizing the Secretary of the Treasury to issue duplicate gold certificates in lieu of certificates lost. or destroyed. In the event that the holder of such a certificate should lose the same or it should be destroyed, he must resort to private bill authorizing the Secretary of the Treasury to issue a duplicate. This necessarily causes much delay and often hardship on the holder of the certificate, and inconvenience to the department. The Secretary of the Treasury approves the bill as amended.

The bill provides that the holder shall file in the Treasury a sufficient bond to indemnify and save harmless the United States from any claim or loss on account of the lost or destroyed certificate.