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Page:U.S. Department of the Interior Annual Report 1871.djvu/14

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12
REPORT OF THE SECRETARY OF THE INTERIOR.

The public surveys have been extended during said year over 22,016,608 acres, which, with the area already surveyed, make an aggregate of 550,879,069 acres, leaving an estimated area yet to be surveyed equal to 1,284,119,331 acres. In addition to this, the eastern boundary line of Nevada has been completed and verified in the field by astronomical observations and determinations, and a contract has since been entered into for the survey of the Utah-Idaho boundary line, which survey is now being prosecuted.

The estimates submitted by the Commissioner for the astronomical surveys of boundaries between certain States and Territories are recommended to the favorable consideration of Congress, in view of their importance as controlling questions of jurisdiction and title.

The Commissioners report contains a very full synopsis of the laws governing the adjustment of private land-claims in California.

Special attention is invited to that part of the report relating to private land-claims in the Territories of New Mexico, Arizona, and Colorado, setting forth the necessity for further legislation in regard to such claims.

The increased value of lands in these Territories, consequent upon the extension of railroads, is rapidly attracting settlers, and it is a matter of the greatest importance to their future prosperity that the private lands should be separated from the public domain at the earliest possible period, to accomplish which result existing legislation is inadequate.

I join in the recommendation made by the Commissioner for the appointment of a commission similar to that created by the act of 3d March, 1857, for the adjustment of titles of the same kind in California, and for the enactment of a statute explanatory of the intent of Congress, as to whether the provisions of the second section of the act of March. 3, 1869, (United States Statutes, vol. 15, page 342,) relating to the issuing of patents, applies only to claims confirmed by said act, or also to claims the titles to which were confirmed by previous acts, but which contained no provision for the issuing of patents.

The Commissioner, treating upon the operations of the pre-emption privilege, and the complications constantly arising under the same, thinks it questionable whether the pre-emption law, as now administered, is any longer a necessity to our public-land system, regarding the provisions of the homestead act sufficient at the date of its passage for a measure of complete substitution for the pre-emption laws, if we except the omission of the single feature of priority of settlement, which was not recognized under the pre-emption laws. I coincide with the views entertained by the Commissioner, that a complete unification of the law of settlement-rights is now not only desirable, but easily attainable, and recognizing the fact that some action should be taken to secure this; I therefore endorse the recommendation for farther legis-