its employees. The Public Lands Commission made its first preliminary
report on March 7, 1904. It found "that the present land laws do not fit
the conditions of the remaining public lands," and recommended specific
changes to meet the public needs. A year later the second report of the
Commission recommended still further changes, and said "The fundamental
fact that characterizes the situation under the present land laws
is this, that the number of patents issued is increasing out of all
proportion to the number of new homes." This report laid the foundation
of the movement for Government control of the open range, and included
by far the most complete statement ever made of the disposition of the
public domain.
Among the most difficult topics considered by the Public Lands
Commission was that of the mineral land laws. This subject was referred
by the Commission to the American Institute of Mining Engineers, which
reported upon it through a Committee. This Committee made the very
important recommendation, among others, "that the Government of the
United States should retain title to all minerals, including coal
and oil, in the lands of unceded territory, and lease the same to
individuals or corporations at a fixed rental." The necessity for
this action has since come to be very generally recognized. Another
recommendation, since partly carried into effect, was for the separation
of the surface and the minerals in lands containing coal and oil.
Our land laws have of recent years proved inefficient; yet the land laws
themselves have not been so much to blame as the lax, unintelligent, and
often corrupt administration of these laws. The appointment on March 4,
1907, of James R. Garfield as Secretary of the Interior led to a new era
in the interpretation and enforcement of the laws governing the
public lands. His administration of the Interior Department was beyond
comparison the best we have ever had. It was based primarily on the
conception that it is as much the duty of public land officials to
help the honest settler get title to his claim as it is to prevent the
looting of the public lands. The essential fact about public land frauds
is not merely that public property is stolen, but that every claim
fraudulently acquired stands in the way of the making of a home or a
livelihood by an honest man.
As the study of the public land laws proceeded and their administration
improved, a public land policy was formulated i
|