he must make application for a patent of the land, prove a compliance with the law, and pay the price of only $10 per acre for the land. Aside from these provisions all other provisions of the general coal-land law apply to coal lands in Alaska. Under this law between eight and nine hundred coal-land locations have been made, but of these only about thirty-three cases (perhaps a few more) have passed to final entry at the local land office. The time for making entry and securing patents on the other locations has, in most, if not in all instances, lapsed, and they cannot be relocated owing to the fact that by executive orders of November 12, and 27 and December 17, 1906, and by a recent executive order of President Taft, all coal lands in Alaska are withdrawn from location, sale, and entry. This withdrawal was no doubt made in pursuance of recent legislation by Congress and for the purpose of giving Congress an opportunity to enact better coal-land laws for Alaska than those now in force; and such legislation, to my mind, is clearly and urgently needed, and I am in hopes that Congress will take steps at its next session to enact suitable coal-land laws for Alaska in order that the people there may have an opportunity to utilize the coal that is within their own boundaries. (Applause)

By the Act of March 3, 1877, amended in 1891, provision was made for the entry and reclamation by irrigation of desert or arid land in the Pacific coast and mountain States and Territories. Under the original act 640 acres could be entered in one claim, but since the act of 1891 was passed only 320 acres can be entered in one claim under this law. Water for irrigating the land must be secured and the land must be reclaimed and cultivated by means of such water for the period of four years after the preliminary entry, and the price of $1.25 per acre must be paid before patent can be secured for the land. This law has not proved very effective or beneficial, especially on account of the difficulty, in many instances, of securing the necessary water supply by a single entryman. In many instances the conditions of the law have not been complied with, and as a whole the law may be said to have to some extent failed of its purpose.

In view of the comprehensive character of the general Reclamation Act of 1902, which makes due provision for securing a water supply and provides for limited homesteads under a qualified homestead law, the desert law referred to, could well be repealed. The Federal reclamation system is more certain and effective than reclamation by individuals in isolated cases.

Under the so-called Carey Act of 1894, desert and arid lands are granted to certain States, in limited quantities, for reclamation and cultivation by means of irrigation, this to be done under the auspices and direction of the States to which the grants are made. This law has in some respects proved more effective and of more

value than the general desert law, but it cannot be regarded as equal in value and efficiency to the general Reclamation Act of 1902, and therefore it seems to me it is not advisable to make any more grants of this nature to any of the States.

No effective or systematic effort was made to preserve the forests on the public domain until March 3, 1891, when an act was passed giving the President the power to set apart and reserve, from time to time, public lands for forestry purposes. This was supplemented by the act of June 4, 1897, providing for the administration and care of the land so reserved and set apart, which lands are now termed National Forests of the United States. Under this law nearly two hundred million acres of public lands in various States and Territories, including Alaska, have been withdrawn and set apart for forestry purposes and are now embraced, most of them, in our National Forests and their administration and care has been placed on a sound, workable, and safe basis through the initiation, prudence, and wisdom of our great forester, Mr Pinchot (great and prolonged applause), who has laid the foundation and is the father of our forestry system. This legislation and administrative action came none too soon. Had there been more delay, our timber lands would, long before this, have passed into private ownership and there would have been nothing left for the Government to conserve (applause). No land legislation in recent times has been productive of such beneficent and far-reaching blessings and results as our forestry legislation. While occasionally there has been a little grumbling and friction on the part of settlers and cattlemen as to the administration of the law in some of its details, yet it can be fairly said, when it is borne in mind that it is a new system, that there has been little, if any, valid ground for serious criticism or complaint. The conduct of a few over-zealous forest rangers and a few over-strenuous settlers and cattlemen ought not to militate against the value and usefulness of the forestry system as a whole and in its entirety. (Applause)

Under the act of March 3, 1891, as amended by the act of January 21, 1895, and May 11, 1898, the Secretary of the Interior is authorized, under general regulations to be fixed by him, to grant. without exacting compensation, permits for right-of-way on the public lands for canals and reservoirs which may be used for furnishing water for domestic, public, and other beneficial uses, and for the development of power. Several valuable water-power sites have been secured under these laws as well as under the homestead and timber and stone laws. To put a stop to such practice the Interior Department, in the later part of 1908 and in the early part of 1909, withdrew all power sites from every form of disposal under our and laws and these sites have remained thus withdrawn ever since, except during an interval of a few days or perhaps a few weeks in

the spring of 1909; and during that interval no power sites were secured or disposed of. Most of these power sites are of considerable value, and they ought not to be disposed of under any of the existing land laws. Adequate provision should be made by law for the utilization of these water-power sites to the end that the Government may receive fair compensation for the same, and to the end that the public may receive the beneficial use to be derived from the development of any water-power in connection with such sites, at fair and reasonable rates (applause). The problem under our dual system of Government, State and Federal, is not free from embarrassment, as it is the opinion of men versed in the law that while the general Government may own the power site, with all the rights of a riparian owner, the water in the streams, except for purposes of navigation, belongs to the State, and that the State may allow its citizens to appropriate such water for their beneficial use and thereby render the power site of no value; for without a sufficient supply of water the power site will not be worthy of improvement or development. It seems to me (though perhaps I may err) that the problem of developing and utilizing water-power in such cases can be properly solved only by the cooperation of the State and the Federal Government (applause): the one owning the power site and the other the water in the stream, it strikes me that cooperation is essential and furnishes the only practical solution. And some plan should be devised by which the Federal and State Governments could act in harmony. and in unison in such cases. Of course, when the State owns both the water and the power site, the problem is of a less complex character, and is one exclusively for the State to solve except as to the question of navigation. And I may also add in this connection that Con gress, at its last session, passed a general law to regulate the construction of dams across navigable waters, by which ample provision is made for protecting the interest of the general Government in all such cases.

Most of our remaining public lands, suitable for agricultural purposes, are within the arid or semi-arid parts of the country. These lands can be successfully farmed only by means of irrigation or by so-called dry farming methods. To aid in developing and successfully farming these lands, the Reclamation Act of 1892 was passed setting apart the proceeds of the sales of public lands within the arid and semi-arid States for the construction of dams, reservoirs, canals, and ditches for the impounding and distribution of water. A considerable number of irrigation projects have been entered upon under the act. A few of them have been completed, but the majority of them are still in an incomplete condition; and there being an insufficiency of funds available for their speedy completion, Congress, at the last session, in order to expedite the work on the incomplete projects, provided for a loan of twenty million dollars, to be imme

diately available, and to be reimbursable out of the future income of the reclamation fund (applause). This will hasten the completion of the projects and will aid the homestead settlers of whom there are many, to secure a supply of water on their claims at an early day.

For the purpose of promoting the farming of arid or semi-arid lands by dry-farming methods or otherwise, where no water supply for irrigation is or can be found available, Congress, by the Act of February 19, 1909, provided for enlarged homesteads of 320 acres of non-irrigable lands. The theory on which such legislation was based was this, that such lands to be farmed must be summer-fallowed, so that a crop could be raised only every other year, and therefore a larger quantity of land was needed, as only one-half of the cultivated land could be cropped each year.

Investigations by the Geological Survey have shown that considerable areas of public lands suitable for agricultural purposes are underlain with more or less valuable beds of coal. Such lands, on account of their mineral character, are not technically subject to entry under any other than the coal-land laws of the United States. A considerable number of homestead settlers had settled upon such lands and had made the preliminary homestead entries of the same without any previous knowledge of their mineral character. For the relief of such settlers Congress passed the Act of March 3, 1909, which provides that such settlers may enter and receive a patent for the surface of such land, reserving to the general Government the coal underlying the same to be disposed of under the coal-land laws of the United States. This was supplemented by Congress at its last session by the Act of June 22, 1910, which permits the entry of the surface of coal lands under the Homestead Law, the Reclamation Law, the Desert Law, and the so-called Carey Law, reserving to the Government the coal beds underlying such lands, to be disposed of under the general coal-land laws in existence or to be passed in the future, and authorizing the exploration of the same.

One of the most important of our late land laws and which will prove to be the key to future reforms in our land system is the Act of June 25, 1910, passed at the last session of Congress. This act authorizes the President, in his discretion, to withdraw from settlement, location, sale, or entry any of the public lands of the United States and reserve the same for water-power sites, irrigation, classification, or other public purpose. There was some difference of opinion before the enactment of this law as to the power of the President to make such withdrawals in all cases. This act removes all doubt and controversy on the subject and enables the President to examine, classify, and appraise the lands and to reserve them for necessary and appropriate legislation by Congress. Many of our lands and their appurtenances are of such a character that they ought not to be disposed of under any of our existing land laws. Good laws are

needed for the disposal of our timber and stone, our water-power sites, and our coal, oil, asphalt, and phosphate lands. There was considerable opposition to the passage of this act in both Houses of Congress, and at one time it seemed as though it would not pass, and it would not have passed but for the active, continued, and per⚫sistent help of President Taft (applause). He labored for its passage, in season and out of season, to my certain knowledge, and but for his help, I can say with all truthfulness that that important law would never have passed (applause). And since its passage the President has availed himself of it by making new withdrawals, and rewithdrawing many lands which had been withdrawn before but in respect to which some question was raised as to the validity of the withdrawal.

I have not called attention to the various grants of land that have been made, first for wagon roads and canals, and afterward for railroads, nor to the large grants of land that have been made to the several States for educational and other purposes, for the reason that such grants are not likely to be repeated in the future. Provision has already been made, with ample land grants for the admission into the Union of our two remaining Territories, Arizona and New Mexico; and it is not probable that any grants of public lands, except for right-of-way, will be made to any railroad in the future, especially the railroad grants, may seem to have been prodigal and too lavish; but to the legislators of those early days, who were anxious for the speedy settlement and development of our great West, they seemed justified and called for. And it is evident that, in consequence of these grants, the country was more speedily settled and the settlers afforded transportation facilities at a much earlier period than otherwise would have been done. The grants made to the States, especially for educational purposes, have from every point of view been fully justified, and have been, and will continue to be, of great help in maintaining ample and liberal educational facilities in the several States.

In conclusion; I have given you this brief summary and outline of our public land laws, past and present, obsolete and subsisting, in order that from a consideration of the same we may avoid the mistakes of the past, and gather inspiration and instruction for our future guidance. In view of the diminishing supply and rapidly increasing demand it behooves us to husband, with discrimination and care, all our natural resources, beginning as promptly as possible, and this work must be done by legislation, by administration, and by individual effort. (Applause)

Chairman STUBBS-If there are any pessimistic citizens in the United States they should hear the Senior Senator's story of the lavish management of public affairs in the past, and the splendid change made under that great leader-the greatest man on earth